European Parliament legislative resolution on the proposal for a Council regulation amending and correcting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2006)0500 – C6-0335/2006 – 2006/0172(CNS))

P6_TA(2006)0468 A6-0377/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006) 0500)(1),

–   having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0335/2006),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0377/2006),

1.  Approves the Commission proposal;

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

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

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

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the government of Canada establishing a framework for cooperation in the fields of higher education, training and youth (COM(2006)0274 – C6-0255/2006 – 2006/0096(CNS))

P6_TA(2006)0469 A6-0338/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0274)(1),

–   having regard to Article 300(2), first subparagraph, and Articles 149 and 150 of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0255/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Culture and Education (A6-0338/2006),

1.  Approves the conclusion of the Agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and the parliaments of the Member States and the government of Canada.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the United States of America renewing the co-operation programme in the field of higher education and vocational education and training (COM(2006)0180 – C6-0174/2006 – 2006/0061(CNS))

P6_TA(2006)0470 A6-0339/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0180)(1),

–   having regard to Article 300(2), first subparagraph, and Articles 149 and 150 of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0174/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Culture and Education (A6-0339/2006),

1.  Approves the conclusion of the Agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and the parliaments of the Member States and the government of the United States of America.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(2005)0676 – C6-0442/2005 – 2005/0258(COD))

P6_TA(2006)0471 A6-0346/2006

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0676)(1),

–   having regard to Article 251(2) and Articles 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0442/2005),

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

–   having regard to the report of the Committee on Employment and Social Affairs (A6-0346/2006),

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 the Commission.

Position of the European Parliament adopted at first reading on 14 November 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

(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 Articles 42 and 308 thereof,

Having regard to the proposal from the Commission,

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

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

Whereas:

(1)  In order to take account of changes in the legislation of certain Member States, certain Annexes to Regulation (EEC) No 1408/71 need to be adapted.

(2)  Regulation (EEC) No 1408/71 should therefore be amended accordingly.

(3)  To ensure that the fundamental reform of the Netherlands health insurance scheme with effect from 1 January 2006 is correctly reflected in the European coordinating provisions from the date on which it took effect and thus to provide legal certainty regarding the coordination of sickness benefits, it is necessary to provide that the amendments of Annexes I and VI to Regulation (EEC) No 1408/71 which relate to the reform of the Netherlands health care insurance scheme apply retroactively with effect from 1 January 2006.

(4)  The Treaty does not provide powers other than those under Article 308 to take appropriate measures within the field of social security for persons other than employed persons,

HAVE ADOPTED THIS REGULATION:

Article 1

Annexes I, II, IIa, III, IV and VI to Regulation (EEC) No 1408/71 shall be amended in accordance with the Annex to this Regulation.

Article 2

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

Point 1(b) and point 6(b) of the Annex, regarding the Netherlands, shall apply with effect from 1 January 2006, save that section "Q. NETHERLANDS", point 1(f), sixth indent of Annex VI to Regulation (EEC) No 1408/71, as added by point 6(b) of the Annex to this Regulation, shall apply from the date provided for in the first paragraph of this Article.

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

The Annexes to Regulation (EEC) No 1408/71 are amended as follows:

1.  Annex I is amended as follows:

2.  In Annex II, Part III, section "R. AUSTRIA" shall be replaced by the following:

R.  AUSTRIA

None.

3.  Annex IIa is amended as follows:

4.  In Annex III, Part A, point 187 shall be deleted.

5.  Annex IV is amended as follows:

6.  Annex VI is amended as follows:

(1) Not yet published in the OJ. (2) Opinion delivered on ... (not yet published in the Official Journal). (3) Position of the European Parliament of 14 November 2006.

European Parliament legislative resolution on the proposal for a Council regulation concerning use of alien and locally absent species in aquaculture (COM(2006)0154 – C6-0137/2006 – 2006/0056(CNS))

P6_TA(2006)0472 A6-0331/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0154)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0137/2006),

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

–   having regard to the report of the Committee on Fisheries (A6-0331/2006),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 5 a (new) (5a) Aquaculture is not the only source of potential dissemination of alien species in the aquatic medium. Other activities, such as, inter alia, the use of ballast water and trade in ornamental fish, are possibly more significant in terms of environmental risk and require special management measures. Comprehensive strategies should be developed to deal with the problem of alien species in an integrated fashion. However, until such a strategy is implemented, it is appropriate to adopt sectoral measures such as the ones proposed in this Regulation. Amendment 2 Recital 5 b (new) (5b) Specific strategies should be developed to counter the introduction of genetically modified species into the EU's fish farming sector and to control the movement of fertilised eggs. Amendment 3 Recital 8 a (new) (8a) It should be taken into account that movements of alien or locally absent species to be held in closed aquaculture facilities which are secure and which present a very low risk of escape should not normally be subject to any prior environmental risk assessment. Amendment 4 Recital 9 a (new) (9a) Some alien species have commonly been used in aquaculture for a long time and experience has shown that the associated environmental risk is minimal. The activities connected therewith should therefore benefit from a differential treatment facilitating their development without any additional administrative burden. Amendment 5 Recital 9 b (new) (9b) There should be an adequate transition period between the entry into force and the application of this Regulation, in view of the financial and institutional implications for the parties concerned. Amendment 6 Article 2, paragraph 4 a (new) 4a. When this Regulation is applied the fact that closed aquaculture facilities, as defined in Article 3, point 3, present a lower risk of escape should be taken into account. Amendment 7 Article 2, paragraph 5 a (new) 5a. This Regulation, except for Articles 3 and 4, shall not apply to species which have commonly been used in aquaculture for more than 30 years and for which escape to the wild has been proven not to represent an environmental hazard. The Commission, in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002 and on the basis of scientific knowledge, shall establish the list of such species before the entry into force of this Regulation. Amendment 8 Article 5 Member States shall designate the competent authority responsible for ensuring compliance with the requirements of this Regulation ("the competent authority"). Each competent authority shall appoint to assist it an advisory committee, which shall include appropriate biological and ecological expertise ("the advisory committee"). Member States shall designate the competent authority responsible for ensuring compliance with the requirements of this Regulation ("the competent authority"). Each competent authority shall appoint to assist it an advisory committee, which shall include appropriate biological and ecological expertise ("the advisory committee"). Where competence in respect of the management of aquaculture activities has been delegated to regional or sub-regional bodies, such competent authorities and advisory committees may be designated by those regional or sub-regional bodies. Amendment 9 Article 6, paragraph 1 1.  Anyone intending to undertake the introduction or translocation of an aquatic organism shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than five years. 1.  Anyone intending to undertake the introduction or translocation of an aquatic organism shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than seven years. Amendment 10 Article 10, paragraph 1 1.  The applicant shall be informed in writing of the decision to issue or refuse a permit within a reasonable time and in any case not later than one year from the date of the submission of the application. 1.  The applicant shall be informed in writing of the decision to issue or refuse a permit within a reasonable time and in any case not later than six months from the date of the submission of the application. Amendment 11 Article 12 At any point in time the Competent Authority can withdraw the permit if unforeseen events with negative effects on the environment or on native populations occur. At any point in time the Competent Authority can withdraw the permit if unforeseen events with negative effects on the environment or on native populations occur. Any withdrawal of a permit must be justified on scientific grounds. Amendment 12 Article 25, paragraph 1 a (new) It shall apply from...* ____________________ * Twelve months following the date of its entry into force.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council regulation amending Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products (COM(2006)0233 – C6-0202/2006 – 2006/0081(CNS))

P6_TA(2006)0473 A6-0311/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0233)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0202/2006),

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

–   having regard to the report of the Committee on Fisheries (A6-0311/2006),

1.  Approves the Commission proposal;

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

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

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

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an amendment to the Convention on access to information, public participation in decision making and access to justice in environmental matters (COM(2006)0338 – C6-0276/2006 – 2006/0113(CNS))

P6_TA(2006)0474 A6-0336/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0338)(1),

–   having regard to Article 175(1) and Article 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0276/2006),

–   having regard to its resolution of 12 May 2005 on the EU strategy for the Almaty Conference on the Aarhus Convention(2),

–   having regard to the Second Meeting of the Parties (MOP-2) of the Aarhus Convention, Almaty, Kazakhstan, from 25 to 27 May 2005,

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0336/2006),

1.  Approves conclusion of the amendment;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

(1) Not yet published in OJ. (2) OJ C 92 E, 20.4.2006, p. 383.

European Parliament legislative resolution on the proposal for a Council directive on the exemption from valued added tax and excise duty of goods imported by persons travelling from third countries (COM(2006)0076 – C6-0078/2006 – 2006/0021(CNS))

P6_TA(2006)0475 A6-0361/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0076)(1),

–   having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0078/2006),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0361/2006),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Article 3, point (1 a) (new) (1a) "sea ferry or cruise passengers" means any passenger travelling by means of a scheduled maritime ferry, liner or cruise ship for at least 50 kilometres; Amendment 2 Article 8, paragraph 1, subparagraph 1 1.  Member States shall exempt from VAT and excise duty imports of goods, other than those referred to in Section 3, the total value of which does not exceed EUR 220 per person. 1.  Member States shall exempt from VAT and excise duty imports of goods, other than those referred to in Section 3, the total value of which does not exceed EUR 330 per person. Amendment 3 Article 8, paragraph 1, subparagraph 2 In the case of air travellers, the monetary threshold specified in the first subparagraph shall be EUR 500. In the case of air travellers, or sea ferry or cruise passengers, the monetary threshold specified in the first subparagraph shall be EUR 1000. Amendment 4 Article 8, paragraph 2 2.  Member States may lower the monetary threshold for travellers under fifteen years old, whatever their means of transport. However, the monetary threshold may not be lower than EUR 110. 2.  Member States may lower the monetary threshold for travellers under the age of sixteen, whatever their means of transport. However, the monetary threshold may not be lower than EUR 110. Amendment 5 Article 9, paragraph 2 2.  Member States may choose to distinguish between air travellers and other travellers by applying the minimum quantitative limits specified in paragraph 1 only to travellers other than air travellers. 2.  Member States may choose to distinguish between air travellers, or sea ferry or cruise passengers, and other travellers by applying the minimum quantitative limits specified in paragraph 1 only to travellers other than air travellers or sea ferry or cruise passengers. Amendment 6 Article 10, paragraph 3 3.  In addition to the exemption provided for in paragraph 1, Member States shall exempt from VAT and excise duty a total of 4 litres of still wine and 16 litres of beer. 3.  In addition to the exemption provided for in paragraph 1, Member States shall exempt from VAT and excise duty a total of 8 litres of still wine and 16 litres of beer. Amendment 7 Article 11 Exemptions under Articles 9 or 10 shall not apply in the case of travellers under 17 years of age. Exemptions under Articles 9 or 10 shall not apply in the case of travellers under the age of eighteen. Amendment 8 Article 12 Member States shall exempt from VAT and excise duty, in the case of any one means of motor transport, the fuel contained in the tank and a quantity of fuel not exceeding 10 litres contained in a portable container, without prejudice to national provisions governing possession and transport of fuel. Member States shall exempt from VAT and excise duty a quantity of fuel not exceeding 10 litres contained in a portable container, transported in a motor vehicle without prejudice to national provisions governing possession and transport of fuel. Member States shall, however, have the right to monitor the rate of and take measures necessary to counteract petrol tourism for the purposes of tax avoidance in their border regions. Amendment 9 Article 14, paragraph 1, point (a) (a) persons resident in the frontier zone; deleted Amendment 10 Article 16, paragraph 3 a (new) 3a. The monetary thresholds indicated in Article 8(1) and (2) shall be revised at least every five years, by no less than the harmonised index of consumer prices or the official data from Eurostat on the average inflation rate of the Member States, whichever the higher, unless the Council unanimously decides otherwise.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the First Instalment of the Third Community Contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund (COM(2006)0305 – C6-0251/2006 – 2006/0102(CNS))

P6_TA(2006)0476 A6-0374/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0305)(1),

–   having regard to Article 203 of the Euratom Treaty,

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0251/2006),

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

–   having regard to the report of the Committee on Budgets (A6-0374/2006),

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 and Article 119, second paragraph, of the Euratom Treaty;

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Article 1, paragraph 2 The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The contribution shall be financed against available annual budgetary appropriations. Amendment 2 Article 2, paragraph 1, subparagraph 2 The Commission shall forward all relevant information to the Court of Auditors and shall request from the EBRD any supplementary information that the Court of Auditors may wish to receive, as regards the aspects of the operation of the Chernobyl Shelter Fund that relate to the Community's contribution. The Commission shall forward all relevant information to the budgetary authority and the Court of Auditors and  shall provide any supplementary information that they may wish to receive, as regards the aspects of the operation of the Chernobyl Shelter Fund that relate to the Community's contribution.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the United Nations Convention against Corruption (COM(2006)0082 – C6-0105/2006 – 2006/0023(CNS))

P6_TA(2006)0477 A6-0380/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0082)(1),

–   having regard to the UN Convention against Corruption of 31 October 2003,

–   having regard to the EC Treaty, and in particular Articles 47(2), 57(2), 95, 107(5), 179, 181a, 190(5), 195(4), 199, 207(3), 218(2), 223 final paragraph, 224 penultimate paragraph, 225a penultimate paragraph, 245(2), 248(4) final paragraph, 255(2), 255(3), 260 second paragraph, 264 second paragraph, 266 final paragraph, 279, 280, 283 and 300(2) first subparagraph thereof,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0105/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgetary Control (A6-0380/2006),

1.  Approves the proposal for a Council decision as amended and approves conclusion of the agreement;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 4 a (new) (4a) It is of the utmost importance that all Member States that have not yet done so sign and ratify the Convention without any further delay,

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2006)0237 – C6-0237/2006 – 2006/0082(CNS))

P6_TA(2006)0478 A6-0319/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0237)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0237/2006),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0319/2006),

1.  Approves the Commission proposal;

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

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

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

(1) Not yet published in OJ.

European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2099(IMM))

P6_TA(2006)0479 A6-0378/2006

The European Parliament,

–   having regard to the request by Gabriele Albertini for defence of his immunity in connection with the criminal proceedings brought against him before the District Court of Milan, made on 25 April 2006, announced in plenary sitting on 27 April 2006,

–   having heard Gabriele Albertini in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0378/2006),

1.  Decides to defend the immunity and privileges of Gabriele Albertini;

2.  Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authorities of the Italian Republic.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2122(IMM))

P6_TA(2006)0480 A6-0383/2006

The European Parliament,

–   having regard to the request by Gabriele Albertini for defence of his immunity in connection with the criminal proceedings brought against him before the District Court of Milan, made on 28 April 2006, announced in plenary sitting on 15 May 2006,

–   having heard Gabriele Albertini in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,

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

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0383/2006),

A.   whereas Gabriele Albertini is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004(2),

B.   whereas during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members(3),

C.   whereas the provision applicable to the case in question is Article 68, second subparagraph, of the Italian Constitution, which allows criminal proceedings to be brought against Members of Parliament without any special formalities, given that it provides that, without the leave of the Chamber to which the Member belongs, a search may not be carried out on either the person or the domicile of a Member of Parliament and a Member may not be arrested or otherwise deprived of his or her personal freedom or kept in detention, except to enforce a final conviction or where the Member is caught in the act of committing a crime for which arrest is mandatory in case of flagrante delicto,

D.   whereas the charges brought against Gabriele Albertini by the Public Prosecutor's Office of the District Court of Milan relate to the tabling of blank amendments under the budgetary procedure of the Milan City Council with a view to filling them in later in the light of the amendments tabled by the opposition, so as to avoid tabling amendments after the deadline, which would be inadmissible,

E.   whereas tabling blank amendments may be regarded as being an aspect of politics and political life and whereas, so long as the final act to which they refer has not been adopted, such amendments are simply acts of internal procedure with no external effect, in particular and above all from the point of view of criminal law, since the tabling of such amendments amounts to an impossible crime and in any case to a nonexistent crime,

F.   whereas, in other proceedings (Case No 9384/03 R.G.N.R.), the same District Court of Milan, called upon to consider allegations similar to those made against Gabriele Albertini but then made by Gabriele Albertini himself against his political opponents, held that there was no case to answer and dismissed the case,

G.   whereas the fact that the self-same court has adopted a diametrically opposed attitude in two substantially similar cases amounts to unreasonable unequal treatment which leads to the suggestion that Gabriele Albertini is being unfairly prosecuted,

H.   whereas the issue at stake is extremely delicate and its consequences for the prerogatives of the European Parliament are unacceptable, as there is no justification for unequal treatment of Gabriele Albertini, which raises the question of a fumus persecutionis,

I.   whereas any case of political persecution of one of its Members is an attack on the integrity of the European Parliament as a political institution democratically elected by the peoples of Europe, and amounts to a contempt of Parliament,

J.   whereas the discriminatory attitude of the Italian court is damaging to Gabriele Albertini,

K.   whereas, if the Statute for Members of the European Parliament had already entered into force, which it has not yet, although the European Parliament has endorsed it twice, in its resolutions of 5 December 2002(4) and 17 December 2003(5), the proceedings against Gabriele Albertini could have been suspended,

1.  Regrets that, as it stands, the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 does not afford the European Parliament the means of taking binding action in order to protect Gabriele Albertini, and therefore decides not to defend his immunity;

2.  Instructs its President to forward this decision, and the report of the committee responsible, immediately to the Public Prosecutor's Office at the District Court of Milan in connection with criminal case No 8629/05 R.G.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986] ECR 2391. (2) European Parliament Decision on the verification of credentials (OJ C 226 E, 15.9.2005, p. 51). (3) Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965. (4) OJ C 27 E, 30.1.2004, p. 139. (5) OJ C 91 E, 15.4.2004, p. 230.

European Parliament decision on the request for defence of the immunity and privileges of Gérard Onesta (2006/2121(IMM))

P6_TA(2006)0481 A6-0386/2006

The European Parliament,

–   having regard to the request by Monica Frassoni for defence of the immunity of Gérard Onesta in connection with the criminal proceedings brought against the latter before the Third Chamber of the Court of Criminal Appeals of Toulouse, France, made on 17 May 2006, announced in plenary sitting on 31 May 2006,

–   having heard Gérard Onesta in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,

–   having regard to Article 26 of the Constitution of the French Republic,

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0386/2006),

A.   whereas Gérard Onesta is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004(2),

B.   whereas, during the sessions of the European Parliament, its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members(3),

C.   whereas the provision applicable to the case in question is Article 26, second subparagraph, of the French Constitution, pursuant to which no Member of Parliament shall be arrested for a serious crime or other major offence, nor shall he be subjected to any other custodial or semi-custodial measure, without the authorisation of the Bureau of the assembly of which he is a member; whereas such authorisation shall not be required in the case of a serious crime or other major offence committed flagrante delicto or a final sentence,

D.   whereas the Court of Criminal Appeals of Toulouse sentenced Gérard Onesta to three months' imprisonment, thus applying a stricter sanction than the one reserved to the other accused and whereas the self same court justified this different decision by stating that, in his capacity as a parliamentarian, Gérard Onesta had, more so than any other citizen, the means available to make his voice heard in political fora, in particular with the support of other elected members of his party, his group in the Assembly and, if necessary, the media, as he is, according to the French court, an expert in the art of communication,

E.   whereas punishing Gérard Onesta more severely only in view of his status as a parliamentarian constitutes a clear case of discrimination against elected politicians, in so far as it seems that, since they have other and more effective means of expression, they are not permitted to engage in public demonstrations in the same way as other citizens and whereas this would therefore entail the unacceptable conclusion that Members of a Parliament are only allowed to act in political assemblies and that, outside those fora, they enjoy fewer rights and means of expression than any other citizen,

F.   whereas the French authorities' discriminatory use of flagrante delicto against parliamentarians alone - selected from more than 400 persons involved - constitutes an abuse of procedure with the sole purpose of circumventing the Protocol on Privileges and Immunities,

G.   whereas Gérard Onesta maintains that his intention was to draw attention to the fact that the Court of Justice of the European Communities found against France for failing to transpose Directive 2001/18/CE of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms(4),

H.   whereas the issue at stake is extremely delicate and its consequences for the prerogatives of the European Parliament are unacceptable, as the discriminatory attitude of the French court and the resulting political prejudice to Gérard Onesta's civil rights are to be strongly deplored,

I.   whereas, after exhausting his domestic remedies, Gérard Onesta is in any case entitled to bring his case before the European Court of Human Rights in Strasbourg, and the European Parliament is already considering supportive measures,

J.   whereas any case of political persecution of one of its Members is an attack on the integrity of the European Parliament as a political institution, democratically elected by the peoples of Europe, and amounts to a contempt of Parliament and whereas, as a democratic institution, the European Parliament is bound to defend its prerogatives using all the means at its disposal,

1.   Regrets that, as it stands, the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 does not afford the European Parliament the means of taking binding action in order to protect Gérard Onesta and therefore decides not to defend his immunity.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391. (2) European Parliament Decision on the verification of credentials (OJ C 226 E, 15.9.2005, p. 51). (3) Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965. (4) OJ L 106, 17.4.2001, p. 1.

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Directive) (COM(2005)0505 – C6-0346/2005 – 2005/0211(COD))

P6_TA(2006)0482 A6-0373/2006

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0505)(1),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0346/2005),

–   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 and the opinion of the Committee on Fisheries (A6-0373/2006),

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 14 November 2006 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Directive)

(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 175(1) 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)  The marine environment is a precious heritage that must be protected, restored and treated as such with the ultimate aim of providing biologically diverse and dynamic oceans and seas that are safe, clean, healthy and productive.

(2)  Europe is surrounded by four seas - the Mediterranean, the Baltic, the North Sea and the Black Sea - and by two oceans - the Atlantic and the Arctic.

(3)  The Community's land territory effectively constitutes a peninsula with a coastline thousands of kilometres long, and the Community's marine territory is larger than its land territory.

(4)  It is evident that the demand on natural marine resources and marine ecological services, such as waste absorption, is too high and that the Community needs to reduce its footprint on the marine waters within and beyond Community territory.

(5)  In view of the particular sensitivities of the Baltic Sea ecosystem, due to its enclosed and brackish nature, Member States surrounding the Baltic should seek to address as a matter of urgency the particular threats to the Baltic Sea, such as eutrophication, the introduction of invasive species and overfishing.

(6)  In line with 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(5), a thematic strategy for the protection and conservation of the marine environment was to be developed, within three years of the adoption of that Programme, with the overall aims of promoting sustainable use of the seas and conserving marine ecosystems.

(7)  The thematic strategy on the marine environment - based on an integrated approach - should include, as appropriate, qualitative and quantitative objectives and time schedules that will make it possible to compare and evaluate the measures provided for. Actions geared to the implementation of the strategy should comply with the subsidiarity principle. Consideration should also be given to increased involvement of interested parties and to better use of the various Community financing instruments directly or indirectly linked to the protection of the marine environment.

(8)  The development and implementation of the strategy should be geared to the conservation of the ecosystem. This approach should consider bio-geographic areas to be protected, as well as human activities that have an impact on the marine environment.

(9)  It is necessary to continue to set biological and environmental targets and reference frameworks taking account of the objectives laid down in Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(6) (the Habitats Directive), Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(7), and other internationally agreed objectives.

(10)  In order to promote sustainable use of the seas and to conserve marine ecosystems, priority should be given to achieving good environmental status in the Community's marine environment, to continuing the protection and preservation of that environment, and to ensuring that subsequent deterioration is prevented.

(11)  In order to achieve those objectives, a transparent and coherent legislative framework is required, which includes a definition of good environmental status and is linked to the principles of the Common Fisheries Policy, to provide an overall framework for action and to enable the action taken to be coordinated, and consistent, and properly integrated with action under other Community legislation as well as international agreements.

(12)  The diverse conditions, problems and needs of the various Marine Regions making up the marine environment in the Community require different and specific solutions. That diversity should be taken into account in the preparation, planning and execution of measures to achieve good environmental status in the Community's marine environment in the framework of Marine Regions and Sub-Regions.

(13)  It is therefore appropriate that Member States sharing a Marine Region should ensure that a single, joint Marine Strategy is produced per Region or Sub-Region for the waters falling under their sovereignty or jurisdiction. Each Member State should develop a Marine Strategy for its European waters which, while being specific to its own waters, reflects the overall perspective of the Marine Region concerned. Marine Strategies should culminate in the execution of programmes of measures designed to achieve good environmental status.

(14)  By reason of the transboundary nature of the marine environment, the development of Marine Strategies should be coordinated for each Marine Region. Since Marine Regions are shared both with other Member States and with third countries, Member States should endeavour to ensure the closest possible coordination with all the Member States and other countries concerned. Where practical and appropriate, existing institutional structures established in Marine Regions should be used to ensure such coordination.

(15)  Since action at international level is indispensable for the attainment of those objectives, this Directive should enhance the effectiveness of the Community's contribution under international agreements.

(16)  Due to the interaction of interests of shipping and fishing nations and their vessels and activities in the marine environment, it is imperative to coordinate efforts to protect the marine environment from risks associated with the operation of these vessels in the Marine Region with flag states. Where third-country vessels operate in the Marine Region, Member States should coordinate their efforts to protect the marine environment within the framework of existing bodies and institutions.

(17)  The Community and Member States are a party to the United Nations Convention on the Law of the Sea (UNCLOS), approved by Council Decision 98/392/EC(8). The obligations of the Community and Member States under those agreements should therefore be fully taken into account in this Directive.

(18)  This Directive should also support the strong position taken by the Community, in the context of the Convention on Biological Diversity, approved by Council Decision 93/626/EC(9), on halting biodiversity loss, ensuring the conservational and sustainable use of marine biodiversity and on the creation of a global network of marine protected areas by 2012. Additionally, it should contribute to the achievement of the objectives of the Seventh Conference of the Parties to the Convention on Biological Diversity (CBD/COP7), which adopted an elaborate programme of work on marine and coastal biodiversity with a number of goals, targets and activities aimed at halting the loss of biological diversity nationally, regionally and globally and at securing the capacity of the marine ecosystem to support the provision of goods and services, and a programme of work on protected areas with the objective of establishing and maintaining ecologically representative national and regional systems of marine protected areas by 2012. The obligation for Member States to designate Natura 2000 sites under the Habitats Directive will make an important contribution to this process.

(19)  A rational approach should be defined for the full implementation of the Natura 2000 network in the marine environment. This approach should include proposals for adapting the annexes to the Habitats Directive relating to marine habitats and species, and should apply and adjust the necessary technical and financial instrumentation measures.

(20)  Ensuring the integration of conservation objectives, management measures and monitoring and assessment activities set up for marine protected areas into Marine Strategies is crucial to achieving the objectives of this Directive.

(21)  This Directive should contribute to the fulfilment of the obligations of the Community and the Member States under several other relevant international agreements under which they have entered into important commitments relating to the protection of the marine environment from pollution: the Convention on the Protection of the Marine Environment of the Baltic Sea Area, approved by Council Decision 94/157/EC(10),the Convention for the Protection of the Marine Environment of the North-East Atlantic, approved by Council Decision 98/249/EC(11), and its new Annex V on the Protection and Conservation of the Ecosystems and Biological Diversity of the Maritime Area and the corresponding Appendix 3, approved by Council Decision 2000/340/EC(12), and the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, approved by Council Decision 77/585/EEC(13), and its amendments from 1995, approved by Council Decision 1999/802/EC(14), as well as its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-Based Sources, approved by Council Decision 83/101/EEC(15).

(22)  It is necessary to invite neighbouring countries to participate in this process and develop partnerships with them, particularly in the Baltic Sea, the Mediterranean Sea and the Black Sea, taking account, inter alia, of the partnership initiatives launched in the context of the 2002 United Nations World Summit on Sustainable Development.

(23)  Account should also be taken of biodiversity and the potential for marine research associated with deep-water environments off the outermost regions and support should be given, under specific programmes, for the drawing-up of scientific studies with a view to the improved characterisation of deep-water ecosystems.

(24)  For an effective protection of the marine environment, Member States should create frameworks and platforms that allow for cross-sectored processing of marine affairs. The development of the status of marine waters should therefore not be considered only from the environmental point of view, but should combine the natural science with the economic, social and administrative development of the area.

(25)  Since the programmes of measures executed under Marine Strategies will be effective and as cost-effective as possible only if they are devised on the basis of a sound scientific knowledge of the state of the marine environment in a particular area and tailored as closely as possible to the needs of the waters concerned in the case of each Member State and within the general perspective of the Marine Region concerned, it is necessary to provide for the preparation at national level of an appropriate framework, including marine research and monitoring operations, for informed policy-making.

(26)  As a first step in that preparation, Member States across a Marine Region should undertake analyses of the characteristics and functions of their marine waters, identifying the predominant pressures and impacts on those waters, their economic and social use and the cost of degradation of the marine environment.

(27)  On the basis of such analyses, Member States should then determine for the European waters a set of characteristics for good environmental status. For those purposes, it is appropriate to make provision for generic qualitative descriptors, detailed criteria and standards to be developed in the near future by the Commission with the involvement of all interested parties.

(28)  The Community should create the necessary conditions to enable the Member States to benefit from the quality of research and the body of knowledge produced in universities dedicated to the study of marine sciences. The scientific and technical information required for the implementation of the various stages created by this Directive should thus be obtained from reliable sources and the sustainability of coastal areas where such teaching centres are normally located should be guaranteed.

(29)  Support for research into the marine environment should be enshrined in the Seventh Framework Programme on research and development (2007-2013).

(30)  The next step towards achieving good environmental status should be the establishment of environmental targets and monitoring programmes for ongoing assessment, enabling the state of the waters concerned to be evaluated on a regular basis.

(31)  On the basis of those frameworks, Member States should establish and implement programmes of measures which are designed to achieve good environmental status in the waters concerned, while accommodating existing Community and international requirements and the needs of the Marine Region concerned.

(32)  Although it is appropriate, given the precision of focus needed, that those steps be undertaken by the Member States, it is essential, in order to ensure the cohesion of action across the Community as a whole and in relation to commitments at global level, to make both the preparatory framework and the programmes of measures subject to the approval of the Commission.

(33)  The planning, implementation and management of the programmes of measures may require considerable expenditure. Bearing in mind that the programmes of measures are the means of achieving the objectives of this Directive, the Community should contribute to Member States' expenditure during the preparation, implementation and coordination of those programmes.

(34)  For reasons of fairness and feasibility, it is appropriate to make provision for cases where it would be impossible for a Member State to achieve the level of ambition of the environmental targets set.

(35)  In that context, it is necessary to make provision for two types of special case. The first concerns a situation where it is impossible for the Member State to meet its environmental targets because of action or inaction on the part of another country, natural causes or force majeure, or because of actions which that Member State has itself taken for reasons of public interest which were held to outweigh the negative impact on the environment. It is appropriate to allow Member States to take ad hoc measures in such cases in lieu of measures integrated in its programme of measures. Ad hoc measures should be designed to prevent further deterioration in the status of the marine waters affected and to mitigate the adverse impact within the Marine Region concerned.

(36)  The second type of special case is that where a Member State identifies an issue which has an impact on the environmental status of its European marine waters, even perhaps of the entire Marine Region concerned, but cannot be tackled by measures taken at national level. In such cases, provision should be made for the Commission to be informed in the framework of submission of programmes of measures.

(37)  However, it is necessary that the flexibility introduced for special cases be subject to control at Community level. As regards the first type of case, it is therefore appropriate that, in the course of the assessment to be made by the Commission before approving the programme of measures, due consideration be given to the efficacy of any ad hoc measures taken. Moreover, in cases where the Member State refers to action taken for overriding reasons of public interest, the Commission should ensure that any modifications or alterations made to the marine environment as a consequence do not permanently exclude or compromise the achievement of good environmental status in the Marine Region concerned.

(38)  As regards the second type of special case, the Commission should, before approving the programme of measures, consider the validity of the view taken by the Member State concerned, that is to say, that measures taken at national level would not suffice, hence that action at Community level is necessary.

(39)  In view of the dynamic nature of marine ecosystems and of their natural variability, and of the fact that the pressures and impacts on them will vary with the evolvement of different patterns of human activity and the impact of climate change, it is essential to recognise that the definition of good environmental status is dynamic and flexible and must be adapted over time. Accordingly, it is appropriate that protection of the marine environment be flexible and adaptive. It is necessary, therefore, to provide for the updating of Marine Strategies on a regular basis.

(40)  It is also necessary to provide for the publication of programmes of measures and updates thereof, and for interim reports to be presented to the Commission, describing progress in the implementation of the programme.

(41)  To ensure the active involvement of the general public in the establishment, implementation and updating of Marine Strategies, it is necessary to provide proper information on the different elements of Marine Strategies, or their related updates, as well as, upon request, relevant background documents and information used for the development of the Marine Strategies.

(42)  It is appropriate that the Commission should present a first evaluation report on the implementation of this Directive within two years of receiving all programmes of measures and, in any case, by 2017 at the latest. Subsequent Commission reports should be published every six years thereafter.

(43)  Provision should be made for the adoption of adaptations of standards for the assessment of the status of the marine environment, monitoring, environmental targets and of technical formats for the purposes of transmission and processing of data in order to be compatible with Directive 2007/.../EC of the European Parliament and of the Council of ... establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(16).

(44)  Measures regulating fisheries management can be taken, inter alia, in the context of the Common Fisheries Policy, as set out in Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(17), based on scientific advice, and are therefore also addressed by this Directive. The control of discharges and emissions resulting from the use of radioactive material is regulated by Articles 30 and 31 of the Euratom Treaty and is therefore not addressed by this Directive.

(45)  Future reform of the Common Fisheries Policy should take into account the environmental impacts of fishing and the objectives of this Directive.

(46)  Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, 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.

(47)  Action by Member States should be based on the precautionary principle and an ecosystem-geared approach.

(48)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, it seeks to promote the integration into Community policies of a high level of environmental protection and the improvement of environmental quality in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union.

(49)  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(18),

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General provisions

Article 1

Subject-matter

Article 2

Scope

This Directive is applicable to all European marine waters and takes account of the need to ensure the quality of the marine environment of associated and applicant States.

Article 3

Existing obligations, commitments and initiatives

Article 4

Definitions

The components, conditions and factors referred to in point (b) include those arising as a result of human activities, irrespective of whether such activities occur within or outside the European marine waters in question;

Article 5

Marine Regions and Sub-Regions

1.  Member States shall implement this Directive with reference to the following Marine Regions:

2.  Member States may, in order to take into account the specificities of a particular area, implement this Directive by reference to subdivisions of the marine waters referred to in paragraph 1, provided that such subdivisions are delimited in a manner consistent with international agreements and compatible with the following Marine Sub-Regions:

Member States shall inform the Commission of any subdivision by the date specified in the first subparagraph of Article 30(1).

3.  For each Marine Region, the Member States concerned shall achieve good environmental status in the European marine waters within that Region by 2017 at the latest, by establishing and implementing a single Marine Strategy for that Region in accordance with the provisions of this Directive.

Member States shall define appropriate management units in their European marine waters in respect of each Marine Region or Sub-Region. The management units shall, where appropriate, take into account existing management, monitoring and reference units, and shall be identified by co-ordinates in the relevant Marine Strategy.

Member States shall inform the Commission of any defined management unit by the date specified in the first subparagraph of Article 30(1).

Article 6

Marine Strategies

1.  Member States shall achieve good environmental status by establishing and implementing Marine Strategies.

2.  Member States sharing a Marine Region shall ensure that a single, joint Marine Strategy is produced per region or sub-region for the waters falling under their sovereignty or jurisdiction within that region. Each Member State shall, in respect of each Marine Region concerned, develop a Marine Strategy for its European marine waters in accordance with the following plan of action:

(a)  Preparation:

(b)  Programmes of measures:

3.  Where Member States sharing a particular Marine Region or Sub-Region agree on implementing the steps outlined in points (a) and (b) of paragraph 2 more swiftly than indicated, they shall inform the Commission of their revised timetable and proceed accordingly.

Those Member States shall receive appropriate support from the European Union for their greater efforts to improve the environment by making the area a pilot area.

The provisions in points (a) and (b) of paragraph 2 shall not prevent any Member State from maintaining or introducing more stringent protective measures.

4.  Member States shall establish appropriate mechanisms to ensure that the steps outlined in paragraph 2 with respect to Articles 10, 11, 12, 13 and 16 are developed and implemented in compliance with Article 8 and in a manner that delivers a single, joint Marine Strategy per Region and joint reporting on the components specified under these Articles.

For each Marine Region, the Member State or the competent authority shall, within three months, forward the report to the Commission and the Member States concerned.

5.  The Baltic Sea Marine Region could be a pilot area to implement the marine strategy. The forthcoming Baltic Sea Action Plan from the Helsinki Commission (HELCOM) could be a useful resource in using the Baltic Sea for that purpose.

A common programme of measures for the Baltic Sea Marine Region in accordance with Article 16(1)(a) and (b) shall be developed by Member States in the region, by 2010 at the latest, to achieve good environmental status in the Baltic Sea Marine Region.

Article 7

Marine protected areas

1.  In their strategies, Member States shall lay down measures for the protection of areas, by Region and Sub-Region, designated as "marine protected areas".

As part of their strategies per region and sub-region, Member States shall, if necessary, also take measures to establish closed marine nature reserves with the aim of protecting and preserving the most vulnerable marine ecosystems and biodiversity.

2.  A Member State establishing a programme of measures shall include amongst the measures in its programme the use of spatial protection measures, including but not limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, the use of special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(21) (the Birds Directive), and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

3.  Member States shall ensure that these areas contribute to a coherent and representative network of marine protected areas by 2012 at the latest. The network shall include areas of sufficient size to be fully protected from all extractive uses, in order to safeguard, inter alia, spawning, nursery and feeding grounds and to enable the integrity, structure and functioning of ecosystems to be maintained or recovered.

4.  Member States shall establish one or more registers for such marine protected areas, which shall be finalised at the latest by ...(22).

5.  The public shall have access to the information contained in the register(s).

6.  The marine protected area register(s) for each Marine Region or Sub-Region shall be reviewed and updated.

Article 8

Cooperation and coordination with third countries

1.  For the purposes of this Directive, Member States with marine waters within the same Marine Region or Sub-Region shall cooperate and co-ordinate their actions.

Where practical and appropriate, Member States shall use existing institutional structures established in that Marine Region or Sub-Region and, as far as possible, the programmes and activities adopted there, to which suitable adjustments shall be made, particularly with a view to bringing them into line with Article 22.

2.  For the purpose of establishing and implementing a Marine Strategy, Member States shall make every effort to coordinate their actions with:

In that context, Member States shall, as far as possible, build upon existing programmes and activities developed in the framework of structures stemming from international agreements.

In the context of international and regional agreements which the Community has concluded with organisations and third countries which have sovereignty or jurisdiction over

3.  The Commission shall, by 2007, establish a regulatory framework, focussing on environmental criteria, so as to ensure that all relevant stakeholders are being consulted prior to major infrastructure projects in the marine environment.

4.  Support from the European Union, for instance under the Common Agricultural Policy, may be allocated only to stakeholders who can show that their activities exhibit a balance in terms of nutrients, i.e. that they are not beset by large-scale nutrient leakage to water recipients.

Article 9

Competent national authorities

1.  Member States shall, by the date specified in the first subparagraph of Article 30(1), designate for each Marine Region concerned the competent authority for the implementation of this Directive with respect to their European marine waters.

Within six months of that date, Member States shall provide the Commission with a list of the competent authorities designated, together with the items of information listed in Annex II.

At the same time, Member States shall send the Commission a list of the national competent authorities of all the relevant international bodies in which they participate.

2.  Member States shall inform the Commission of any changes to the information provided pursuant to paragraph 1 within three months of such a change coming into effect.

Chapter II

Marine Strategies: Preparation

Article 10

Assessment

1.  For each Marine Region, Member States shall make an initial assessment of their European marine waters, comprising the following:

2.  The analyses referred to in paragraph 1 shall take into account elements regarding coastal, transitional and territorial waters covered by relevant provisions of Directive 2000/60/EC as well as relevant provisions of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment(23), Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality(24) and the Directive .../.../EC of the European Parliament and of the Council of ... on environmental quality standards in the field of water policy and amending Directive 2000/60/EC(25), so as to produce a comprehensive assessment of the status of the marine environment.

3.  For each Marine Region, Member States preparing assessments pursuant to paragraph 1 shall, by means of the coordination established pursuant to Article 6(3), make every effort to ensure that:

4.  Data and information resulting from the initial assessment shall be made available to the European Environment Agency, as well as to the relevant regional marine and fisheries organisations and conventions, no later than three months after completion of that assessment, for use in pan-European marine assessments, in particular the review of the status of the marine environment in the Community under Article 23(3)(b).

Article 11

Determination of good environmental status

1.  By reference to the initial assessment made pursuant to Article 10(1), Member States shall, in respect of each Marine Region concerned, determine for the European marine waters a set of specific characteristics for good environmental status, on the basis of the generic qualitative descriptors, criteria and standards provided for in Annexes I and III.

They shall take into account, inter alia, the elements listed in Annexes I and III concerning habitat types, biological components, physico-chemical characteristics and hydromorphology.

2.  Member States shall notify to the Commission the assessment made pursuant to Article 10(1) and the determination made pursuant to paragraph 1 of this Article no later than three months after completion of the latter.

Article 12

Establishment of environmental targets

1.  On the basis of the initial assessment made pursuant to Article 10(1), Member States shall, in respect of each Marine Region concerned, establish jointly a single comprehensive set of environmental targets, designed to achieve good environmental status by 2017 at the latest, and associated indicators, taking into account the non-exhaustive list of characteristics set out in Annex IV.

When devising those targets and indicators, Member States shall take into account the continuing application of existing environmental targets, set out at national, Community or international level in respect of the same waters, and ensure that relevant transboundary impacts and transboundary features are also taken into account.

2.  Member States shall notify the environmental targets to the Commission no later than three months after their establishment.

Article 13

Establishment of monitoring programmes

1.  On the basis of the initial assessment made pursuant to Article 10(1), Member States shall establish and implement co-ordinated monitoring programmes for the ongoing assessment of the environmental status of their European marine waters on the basis of the lists set out in Annexes III and V, and by reference to the environmental targets established pursuant to Article 12.

Those programmes shall be consistent within Marine Regions or Sub-Regions and shall build upon provisions for assessment and monitoring laid down by relevant Community legislation, in particular Directives 79/409/EEC and 92/43/EEC, or under international agreements, or upon Community initiatives on spatial information infrastructure and GMES (Global Monitoring for Environment and Security), in particular in the marine services to the extent that such requirements relate to the Member States" European marine waters in the aforementioned Marine Region.

2.  For each Marine Region or Sub-Region the Member States shall draw up a monitoring programme in accordance with paragraph 1 and shall - in the interests of coordination - take the necessary action to ensure that:

3.  Where appropriate, the Commission shall, in accordance with the procedure referred to in Article 28(2), adopt specifications and standardised methods for monitoring and assessment which take into account existing commitments and ensure comparability between monitoring and assessment results.

4.  Data and information resulting from these monitoring programmes shall be made available to the European Environment Agency, as well as to the relevant regional marine and fisheries organisations and conventions, no later than three months after completion of those programmes, for use in pan-European marine assessments, in particular the review of the status of the marine environment in the Community under Article 23(3)(b).

Article 14

Marine Pollution

Member States shall adopt measures and programmes to improve the detectability and traceability of marine pollution.

Article 15

Approval

On the basis of all the notifications made pursuant to Articles 10(1), 11(2), 12(2) and 13(2) within each Marine Region, the Commission shall assess whether, in the case of each Member State, the elements notified constitute a framework which meets the requirements of this Directive.

In making those assessments, the Commission shall consider the coherence of frameworks within the different Marine Regions and across the Community.

For the purposes of the assessment, the Commission may ask the Member State concerned to provide any additional information necessary to enable it to arrive at its decision.

Within six months of receiving notification of the monitoring programmes established pursuant to Article 13, the Commission may decide, in the case of any Member State, to reject the framework or any element thereof, on the basis that it does not comply with this Directive.

Chapter III

Marine Strategies: Programmes of measures

Article 16

Programmes of measures

1.  Member States shall, in respect of each Marine Region concerned, identify the measures which need to be taken in order to achieve good environmental status, as determined pursuant to Article 11(1), in all of their European marine waters.

Member States shall decide on the measures which must be taken pursuant to Article 14 concerning the traceability and detectability of marine pollution.

2.  Member States' programmes of measures shall include spatial protection measures. These measures shall include but not be limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 79/409/EEC, and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

Member States shall ensure that these areas contribute to a coherent and representative network of marine protected areas by 2012 at the latest. The network shall include areas of sufficient size to be fully protected from all extractive uses, in order to safeguard, inter alia, spawning, nursery and feeding grounds, and to enable the integrity, structure and functioning of ecosystems to be maintained or recovered.

3.  Member States shall integrate the measures devised pursuant to paragraph 1 into a programme of measures, taking into account measures required under relevant Community legislation or international agreements. In particular, Member States shall give due consideration to the benefits derived from the implementation of Directive 91/271/EEC, Directive 2006/7/EC and Directive .../.../EC [on environmental quality standards in the field of water policy].

4.  The programme of measures shall include:

5.  When drawing up the programme of measures pursuant to paragraph 3, Member States shall give due consideration to sustainable development and, in particular, to the social and economic impacts of the measures envisaged. Member States shall create administrative frameworks and platforms that allow for cross-sectored processing of marine affairs in order to combine environmental science and measures with the economic, social and administrative development of the area and benefit from such interaction.

Member States shall ensure that measures are cost-effective and technically feasible and shall carry out impact assessments, including detailed cost-benefit analyses, prior to the introduction of any new measure.

6.  Member States shall indicate in their programmes of measures how the measures are to be implemented and how they will contribute to achievement of the environmental targets established pursuant to Article 12(1).

7.  Member States shall notify the Commission and any other Member State concerned of their programmes of measures, within three months of their completion.

8.  Subject to Article 19, Member States shall ensure that the programmes are made operational within two years of their completion.

9.  By ...(26) the Commission shall, after having consulted all interested parties, adopt in accordance with the procedure referred to in Article 28(2) detailed criteria and standards for the application of good ocean governance principles.

Article 17

Exceptions

1.  Where a Member State which has established a programme of measures pursuant to Article 16(1) identifies an instance in which, because of any of the following reasons, the environmental targets and good environmental status cannot be achieved through measures taken by that Member State, it shall identify that instance clearly in its programme of measures and provide the Commission with the explanations necessary to substantiate its view:

2.  Any Member State invoking reason (b), (c), (d), (e) or (f) in paragraph 1 shall include appropriate ad hoc measures, consistent with Community and international law, in its programme of measures in order to minimise the extent to which good environmental status cannot accordingly be achieved in the European marine waters within the Marine Region concerned.

3.  Any Member State invoking reason (g) in paragraph 1 shall ensure that the modifications or alterations do not permanently exclude or compromise the achievement of good environmental status in the European marine waters within the Marine Region concerned.

4.  When a Member State invokes reason (b) in paragraph 1, and the Commission accepts the validity of that reason, the Commission shall promptly take all necessary actions within the limits of its powers to ensure that the environmental target in question is achieved.

Article 18

Information

Where a Member State identifies an issue which has an impact on the environmental status of its European marine waters and which cannot be tackled by measures adopted at national level, it shall inform the Commission accordingly and provide the evidence necessary to substantiate its view.

Article 19

Approval

On the basis of the notifications of programmes of measures made pursuant to Article 16(7), the Commission shall assess whether, in the case of each Member State, the programmes notified constitute an appropriate means of achieving good environmental status as determined pursuant to Article 11(1).

In making that assessment, the Commission shall consider the coherence across the Community of programmes of measures.

For the purposes of the assessment, the Commission may ask the Member State concerned to provide any additional information necessary to enable it to arrive at its decision.

Within six months of receiving notification of the programmes of measures, the Commission may decide, in the case of any Member State, to reject a programme or any aspect thereof, on the basis that it does not comply with this Directive.

Chapter IV

Updating, reports and public information

Article 20

Updating

1.  Member States shall ensure that, in respect of each Marine Region concerned, their Marine Strategies are kept up-to-date.

2.  For the purposes of paragraph 1, Member States shall review the following elements of their Marine Strategies every six years after their initial establishment:

3.  Details of any updates made following the reviews provided for in paragraph 2 shall be sent to the Commission and to any other Member States concerned within three months of their publication in accordance with Article 22(4).

4.  Articles 15 and 19 shall apply mutatis mutandis.

Article 21

Interim reports

Member States shall, within three years of the publication of each programme of measures or update thereof in accordance with Article 22(4), submit to the Commission an interim report describing progress in the implementation of that programme.

Article 22

Public consultation and information

1.  In accordance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment(27), Member States shall ensure the active involvement of all interested parties in the implementation of this Directive, in particular in the establishment of the Marine Strategies provided for in Chapters II and III, and their updating in accordance with Article 20.

2.  Pursuant to paragraph 1, Member States shall, where possible, involve interested parties using existing management bodies or structures, including Regional Seas Conventions, Scientific Advisory Bodies and Regional Advisory Councils.

3.  Member States shall set up a structure for consultation and regular exchanges of information involving the appropriate local authorities, experts, NGOs and all users concerned in the Marine Region or Sub-Region. That structure must be directly linked to the Regional Advisory Councils which have been advocated by the EU.

4.  Member States shall publish and make available for comments to the public summaries of the following elements of their Marine Strategies, or the related updates:

5.  In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(28), access shall be given upon request to background documents and information used for the development of the Marine Strategies. In particular, the data and information resulting from the initial assessment and the monitoring programmes shall be made available to the public over the Internet or any other appropriate means of telecommunication.

Member States shall provide the Commission, for the performance of its tasks, with unrestricted access and use rights in respect of that data and information.

Article 23

Commission reports

1.  The Commission shall publish a first evaluation report on the implementation of this Directive within two years of receiving all programmes of measures and, in any case, by 2017 at the latest.

The Commission shall publish further reports every six years thereafter.

It shall submit the reports to the European Parliament and to the Council.

2.  By ...(29) the Commission shall publish a report highlighting any conflicts or complementarities between possible improvements to this Directive and the obligations and commitments mentioned in Article 3.

That report shall be submitted to the European Parliament and to the Council.

3.  The reports provided for in paragraph 1 shall include the following:

4.  By ...(30), the Commission shall report on the state of the marine environment of Arctic waters of importance for the Community and, where appropriate, propose to the European Parliament and the Council relevant measures for their protection, with a view to establishing the Arctic as a protected area, similar to the Antarctic, and designated as a "natural reserve devoted to peace and science".

Member States that have European marine waters that include waters in the Arctic shall make the findings of the initial assessment in respect of these waters available to the Arctic Council.

Article 24

Progress report on marine protected areas

By ...*, the Commission shall report on progress in the establishment of a global network of marine protected areas and time/area closures for the protection of nursery grounds and periods in line with the commitment under Decision VII/5 of the Convention on Biological Diversity, and the Community's contribution to achieving such a network.

On this basis, the Commission shall propose, as appropriate, in accordance with procedures laid down in the Treaty, any additional Community measures needed to meet the aim of protecting a representative network of marine protected areas by 2012.

Article 25

Review of this Directive

1.  The Commission shall review this Directive by ...(31)* and shall, where appropriate, submit to the European Parliament and the Council any proposals for amendments necessary in order to:

2.  The Commission shall take into account, inter alia, the first evaluation report prepared pursuant to Article 23(1).

Article 26

Community financing

1.  Given the priority inherently attached to the establishment of a marine strategy, the implementation of this Directive shall be supported by Community financial instruments, as from 2007.

2.  The programmes drawn up by the Member States shall be co-financed by the European Union in accordance with existing financial instruments.

Chapter V

Final provisions

Article 27

Technical adaptations

1.  Annexes III, IV and V shall be adapted to scientific and technical progress in accordance with the procedure referred to in Article 28(3), taking into account the periods for the review and updating of Marine Strategies, laid down in Article 20(2).

2.  Where necessary, the Commission may, in accordance with the procedure referred to in Article 28(3), adopt the following:

Article 28

Committee

1.  The Commission shall be assisted by the committee established by Article 21(1) of Directive 2000/60/EC, hereinafter referred to as "the Committee".

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.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 29

Waters beyond European marine waters

The European Parliament and the Council, or the Council, as appropriate, shall adopt Community measures to improve the environmental status of waters beyond European marine waters where such improvement is possible by means of controls on activities within the competence of the Community or the Member States.

Such measures shall be adopted on the basis of proposals submitted by the Commission by ...(32) in accordance with procedures laid down in the Treaty.

Article 30

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(33)*. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

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. Member States shall determine how such reference is to be made.

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

Article 31

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 32

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX I

Conditions referred to in Articles 4 and 11

ANNEX II

Article 9(1)

(1)  Name and address of the competent authority – the official name and address of the authority identified.

(2)  Legal status of competent authority – a description of the legal status of the competent authority and, where relevant, a summary or copy of its statute, founding treaty or equivalent legal document.

(3)  Responsibilities – a description of the legal and administrative responsibilities of the competent authority and of its role for the marine waters concerned.

(4)  Membership – when the competent authority acts as a co-ordinating body for other competent authorities, a list is required of these bodies together with a summary of the institutional relationships established in order to ensure coordination.

(5)  Regional coordination - a summary is required of the mechanisms established in order to ensure coordination between the Member States whose European marine waters fall within the same Marine Region.

ANNEX III

Articles 10(1), 11(1) and 13(1)

ANNEX IV

Article 12(1)

(1)  Adequate coverage of the elements characterising marine waters under the sovereignty or jurisdiction of Member States within a Marine Region or Sub-Region.

(2)  Need to set (a) targets establishing desired conditions based on the definition of good environmental status; (b) measurable targets that allow for monitoring; and (c) operational targets relating to concrete implementation measures to support their achievement.

(3)  Specification of environmental status to be achieved and formulation of the latter in terms of measurable properties of the elements characterising the European marine waters of a Member State within a Marine Region or Sub-Region.

(4)  Consistency of the set of targets; absence of conflicts between them.

(5)  Specification of the resources needed for the achievement of targets.

(6)  Formulation of targets with a time scale for their achievement.

(7)  Specification of indicators intended to monitor progress and guide management decisions towards achievements of targets.

(8)  Where appropriate, specification of reference points (target and limit reference points).

(9)  Due consideration of social and economic concerns in setting targets.

(10)  Examination of the set of environmental targets, associated indicators and limit and target reference points developed in light of the environmental objective laid down in Article 1 in order to assess whether the achievement of the targets would lead the marine waters falling under the sovereignty or jurisdiction of Member States within a Marine Region to a status matching them.

(11)  Compatibility of targets with objectives to which the Community and its Member States have committed themselves under relevant international and regional agreements.

(12)  When the suite of targets and indicators have been assembled, they should be examined together relative to the environmental objective laid down in Article 1 to assess whether the achievement of the targets would lead the marine environment to a status matching them.

ANNEX V

Article 13(1)

(1)  Need to provide information for an assessment of the environmental status and for a measure of distance from and progress towards good environmental status in accordance with Annex III and with the detailed standards and criteria to be defined on the basis of Annexes I and III.

(2)  Need to ensure the generation of the information enabling the identification of suitable indicators for the environmental targets provided for in Article 12.

(3)  Need to ensure the generation of the information allowing the assessment of the impact of the measures referred to in Article 16.

(4)  Need to include activities to identify the cause of the change and hence the possible corrective measures that would need to be taken to return to good environmental status, when deviations from the desired status range have been identified.

(5)  Need to provide information on chemical contaminants in species for human consumption from commercial fishing areas.

(6)  Need to include activities to confirm that the corrective measures deliver the desired changes and not any unwanted side effects.

(7)  Need to aggregate the information on the basis of Marine Regions.

(8)  Need to develop technical specifications and standardised methods for monitoring at Community level to allow comparability of information.

(9)  Need to ensure to the extent possible compatibility with existing programmes developed at regional and international level with a view to fostering consistency between these programmes and avoiding duplication of efforts.

(10)  Need to include as part of the initial assessment provided for in Article 10 an assessment of major changes in the environmental conditions as well as, where necessary, new and emerging issues.

(11)  Need to address as part of the initial assessment provided for in Article 10 the elements listed in Annex III and their natural variability and to evaluate the trends towards the achievement of the environmental targets laid down pursuant to Article 12(1), using, as appropriate the set indicators and their limit or target reference points.

ANNEX VI

Article 16(1)

(1)  Input controls: management measures that influence the amount of a human activity that is permitted.

(2)  Output controls: management measures that influence the degree of perturbation of an ecosystem component that is permitted.

(3)  Spatial and temporal distribution controls: management measures which influence where and when an activity is allowed to occur.

(4)  Management coordination measures: tools to ensure management is coordinated.

(5)  Economic incentives: management measures which make it in the economic interest of those using the marine ecosystem to act in ways which help to achieve the ecological objectives for the ecosystem.

(6)  Mitigation and remediation tools: management tools which guide human activities to restore damaged components of marine ecosystems.

(7)  Communication, stakeholder involvement and raising public awareness.

(1) Not yet published in OJ. (2) OJ C 185, 8.8.2006, p. 20. (3) OJ C 206, 29.8.2006, p. 5. (4) Position of the European Parliament of 14 November 2006. (5) OJ L 242, 10.9.2002, p. 1. (6) OJ L 206, 22.7.1992, p. 7. 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). (7) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (8) OJ L 179, 23.6.1998, p. 1. (9) OJ L 309, 13.12.1993, p. 1. (10) OJ L 73, 16.3.1994, p. 19. (11) OJ L 104, 3.4.1998, p. 1. (12) OJ L 118, 8.5.2000, p. 44. (13) OJ L 240, 19.9.1977, p. 1. (14) OJ L 322, 14.12.1999, p. 32. (15) OJ L 67, 12.3.1983, p. 1. (16) OJ ... (17) OJ L 358, 31.12.2002, p. 59. (18) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (19) * 2 years after the entry into force of this Directive. (20) ** 3 years after the entry into force of this Directive. (21) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). (22) * 3 years after the entry into force of this Directive. (23) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation (EC) No 1882/2003. (24) OJ L 64, 4.3.2006, p. 37. (25) OJ ... (26) * 3 years after the entry into force of this Directive. (27) OJ L 156, 25.6.2003, p. 17. (28) OJ L 41, 14.2.2003, p. 26. (29) * 4 years after the entry into force of this Directive. (30) * 2 years after the entry into force of this Directive. (31) ** 10 years after the entry into force of this Directive. (32) * 4 years after the entry into force of this Directive. (33) ** 2 years after the entry into force of this Directive. (34) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC.

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury (COM(2006)0069 – C6-0064/2006 – 2006/0018(COD))

P6_TA(2006)0483 A6-0287/2006

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0069)(1),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0064/2006),

–   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 (A6-0287/2006),

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 14 November 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury

(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),

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

Whereas:

(1)  The Commission communication of 28 January 2005 on the Community strategy concerning mercury, which considered all uses of mercury, concluded that it would be appropriate to introduce Community-level marketing restrictions on certain non-electrical or non-electronic measuring and control equipment containing mercury, which is the main mercury product group not covered by Community action so far.

(2)  There would be benefits for the environment, and in the long term for human health, by preventing mercury from entering the waste stream, if limitations on the marketing of measuring devices containing mercury were introduced.

(3)  Taking into account technical and economic feasibility, available evidence concerning measuring and control devices indicates that immediate restrictive measures should cover only those measuring devices intended for sale to the general public and all fever thermometers.

(4)  Import of mercury-containing measuring devices that are more than 50 years old concerns either antiques, or cultural goods as defined in Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods(4). Such trade is limited in extent and seems to pose no risk to human health or the environment. Such trade should therefore not be restricted.

(5)  With the aim of minimising the release of mercury to the environment and to ensure the phase-out of the remaining measuring instruments containing mercury in professional and industrial use, especially sphygmomanometers in healthcare, the Commission should carry out a review of the availability of safer alternative solutions that are technically and economically feasible. In the case of sphygmomanometers in healthcare, medical experts should be consulted to ensure that the needs in terms of diagnosis and treatment of specific medical conditions are adequately addressed.

(6)  This Directive is intended to restrict only the placing on the market of new measuring devices. This restriction should therefore not apply to devices that are already in use, or those which have already been placed on the market.

(7)  The disparities between the laws or administrative measures adopted by Member States as regards restriction on mercury in various measuring and control devices could create barriers to trade, distort competition in the Community and may thereby have a direct impact on the establishment and functioning of the internal market. It therefore appears necessary to approximate the laws of Member States in the field of measuring and control devices by introducing harmonised provisions with regard to those products containing mercury thus preserving the internal market whilst ensuring a high level of protection of human health and the environment.

(8)  Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5) should be amended accordingly.

(9)  This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6) and individual directives based thereon, in particular Council Directive 98/24/EC of 7 April 1998 on the protection of workers from the risks related to chemical agents at work(7).

(10)  In accordance with point 34 of the Interinstitutional Agreement on better law-making(8), 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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

1.  Member States shall adopt and publish, by ...(9) at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply these measures from ...(10)*.

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

2.  Member States shall communicate to the Commission the text of the 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 day 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

ANNEX

The following point is inserted in Annex I of Directive 76/769/EEC:

(1) 1 Not yet published in OJ. (2) 1 Opinion of 13 September 2006 (not yet published in the Official Journal). (3) Position of the European Parliament of 14 November 2006. (4) OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). (5) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 2005/90/EC of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 28). (6) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (7) OJ L 131, 5.5.1998, p. 11. (8) OJ C 321, 31.12.2003, p. 1. (9) * One year after the date of entry into force of this Directive. (10) ** Eighteen months after the date of entry into force of this Directive. (11) * Three years after the date of entry into force of this Directive. (12) ** Eighteen months after the date of entry into force of this Directive. (13) *** Date of entry into force of this Directive. (14) * Two years after the date of entry into force of this Directive."

European Parliament legislative resolution on the proposal for a Council regulation on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (COM(2005)0602 – C6-0002/2006 – 2005/0235(CNS))

P6_TA(2006)0484 A6-0382/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005)0602)(1),

–   having regard to Article 171 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0002/2006),

−   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Transport and Tourism (A6-0382/2006),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Citation 1 -  Having regard to the Treaty establishing the European Community, and in particular Article 171 thereof, -  Having regard to the Treaty establishing the European Community, and in particular Articles 171 and 173 thereof, Amendment 2 Recital 2 (2)  The project to modernise air traffic management in Europe, hereinafter called the "SESAR project", is the technological element of the single European sky. It aims to give the Community high-performance air traffic control infrastructure which will enable the safe and environmentally friendly development of air transport, benefiting fully from the technological advances of programmes such as Galileo. (2)  The project to modernise air traffic management in Europe, hereinafter called the "SESAR project", is the technological element of the single European sky. It aims to give the Community high-performance air traffic control infrastructure which will enable the safe, energy efficient and environmentally friendly development of air transport, benefiting fully from the technological advances of programmes such as Galileo. It also aims to integrate both aircraft speed management, for reasons of energy efficiency, and intensive cooperation with weather forecasting services, so as to reduce the climate change impact of aviation. Amendment 3 Recital 3 (3)  The SESAR project aims to integrate and coordinate activities which were previously undertaken in a dispersed and uncoordinated manner in the Community. (3)  The SESAR project aims to integrate and coordinate activities which were previously undertaken in a dispersed and uncoordinated manner in the Community, including the most remote and outlying regions thereof, referred to in Article 299(2) of the Treaty. Amendment 4 Recital 6 (6)  The definition phase will be followed by a phase to implement the plan to modernise air traffic management in the Community, which will consist of two successive steps: development (2008-2013) and deployment (2014-2020). (6)  The definition phase will be followed by two successive phases: a development phase (2008-2013) and a deployment phase (2014-2020). Amendment 5 Recital 6 a (new) (6a) Each phase should lay down the main elements of its content and for the deployment phase the legal provisions should be stated in a separate proposal. Amendment 8 Recital 12 (12)  Taking into account the number of players who will need to be involved in this process, and the financial resources and technical expertise needed, it is vital to set up a legal entity capable of ensuring the coordinated management of the funds assigned to the SESAR project during its implementation phase. (12)  Taking into account the number of players who will need to be involved in this process, and the financial resources and technical expertise needed, it is vital to set up a legal entity capable of ensuring the coordinated management of the funds assigned to the SESAR project during its development phase. Amendment 9 Recital 13 (13)  This entity, which is responsible for managing a public research programme of European interest, must be considered as an international organisation within the meaning of the second indent of Article 15(10) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment, and the second indent of Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. (13)  This entity will be responsible for managing a public research programme of European interest within the meaning of the second indent of Article 15(10) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment, and the second indent of Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. Amendment 10 Recital 14 (14)  This entity should also be exempt from taxation by the Member States as regards taxes other than VAT and excise duty, and salaries paid to its staff should be exempt from any national income tax. (14)  This entity should also be exempt from taxation by the Member States as regards taxes other than VAT and excise duty, and salaries paid to its staff should be in line with the conditions of employment of other servants of the European Communities. Amendment 11 Recital 15 (15)  SESAR is a research and development project which justifies funding from the Community research and development framework programmes. It is therefore necessary to set up a Joint Undertaking under Article 171 of the Treaty in order to enable considerable progress to be made in the development of technologies relating to air traffic control systems during the development phase (2008-2013) phases. (15)  SESAR is a research and development project which justifies funding from the Community research and development framework programmes. It is therefore necessary to set up a Joint Undertaking under Articles 171 and 173 of the Treaty in order to enable considerable progress to be made in the development of technologies relating to air traffic control systems during the development phase (2008-2013). Amendment 12 Recital 17 (17)  The main task of the Joint Undertaking must be to organise and coordinate the SESAR project by combining public and private sector funding and using external technical resources, provided by its members, and in particular Eurocontrol's experience. (17)  The main task of the Joint Undertaking must be to organise and coordinate the SESAR project by combining public and private sector funding and using external technical resources, provided by its members, and in particular Eurocontrol's experience and expertise. Amendment 13 Recital 17a (new) (17a) It is desirable for the private sector to be appropriately involved in all phases, especially in the development phase , so as to ensure the liability of private-sector participants during the deployment phase. Amendment 14 Recital 20 (20)  The rules for the organisation and operation of the Joint Undertaking should be laid down by drawing up the statutes of the Joint Undertaking. (20)  The rules for the organisation and operation of the Joint Undertaking and for the avoidance of conflicts of interests within the Joint Undertaking and the procedure for the appointment of its officials should be laid down by drawing up the statutes of the Joint Undertaking as set out in the Annex. Amendment 15 Recital 20 a (new) (20a) The European Parliament should be granted observer status on the administrative board of the Joint Undertaking. Amendment 16 Recital 20 b (new) (20b) Applications for the accession to the Joint Undertaking of new members should be welcomed, subject to the provisions of Article 1(3) of the Annex. Amendment 17 Recital 22 a (new) (22a) The Commission should report to the European Parliament and the Council every three years on the application of this Regulation and, if appropriate, should propose amendment of it. Amendment 18 Article 1, paragraph 1 1.   In order to carry out the development activities of the implementation phase of the project to modernise air traffic management in Europe, hereinafter referred to as the "SESAR project", a Joint Undertaking is hereby established, known as "SESAR Joint Undertaking" for a period ending on 31 December 2013. 1.  A Joint Undertaking (hereinafter referred to as "the Joint Undertaking") is hereby established. Its primary objective shall be to manage the activities of the development phase of the project to modernise air traffic management in Europe, hereinafter referred to as the "SESAR project", for a period starting on the date on which the Council endorses the Air Traffic Management Master Plan (hereinafter "the ATM Master Plan") referred to in point (a) of paragraph 1a below, and ending at the end of the development phase. Amendment 19 Article 1, paragraph 1 a (new) 1a. The SESAR project shall consist of three phases: (a) a "definition phase" which aims to define the technical options and steps to be taken and the priorities in the modernisation programme as well as the operational implementation plans. It began in October 2005 and is expected to finish in December 2007, resulting in an ATM Master Plan. The ATM Master Plan is to be developed by a consortium of undertakings under the supervision of the Eurocontrol; (b) a "development phase" which will start on 1 January 2008, once the Council has endorsed the ATM Master Plan, acting on a proposal from the Commission and after consulting the European Parliament. The development phase will end on 31 December 2013; (c) a "deployment phase" which will start on 1 January 2014 and end on 31 December 2020 and will comprise large-scale production and implementation of the new air traffic management infrastructure. The Commission shall submit a proposal to the European Parliament and the Council, defining: (i) the transition from the development phase to the deployment phase, (ii) the reimbursement mechanisms which shall apply to any body succeeding the Joint Undertaking, and (iii) the transfer of selected tangible and intangible assets to the new body succeeding the Joint Undertaking. Amendment 20 Article 1, paragraph 1 b (new) 1b. The scope, governance, funding and duration of the Joint Undertaking shall, where appropriate, be reviewed by the Council, in accordance with the development of the project and the ATM Master Plan. The Council shall take into account the assessment referred to in Article 6 and the provisions of Article 6a. Amendment 21 Article 1, paragraph 2, introductory part 2.  The aim of the Joint Undertaking shall be to ensure the modernisation of the European air traffic management system by federating research and development efforts in the Community. It shall be responsible in particular for carrying out the following tasks: 2.  The aim of the Joint Undertaking shall be to ensure the modernisation of the European air traffic management system by coordinating and concentrating all relevant research and development. It shall be responsible in particular for carrying out the following tasks: Amendment 22 Article 1, paragraph 2, indent 1 - organising and coordinating the implementation of the SESAR project, in accordance with the plan to modernise air traffic management in Europe, hereinafter referred to as "the plan", drawn up by Eurocontrol, by combining public and private sector funding; - organising and coordinating the activities of the development phase of the SESAR project, in accordance with the ATM Master Plan resulting from the definition phase of the project managed by Eurocontrol, by combining and managing under a single structure public and private sector funding; Amendment 23 Article 1, paragraph 2, indent 2 a (new) - ensuring the necessary funding for the activities of the development phase in accordance with the ATM Master Plan; Amendment 24 Article 1, paragraph 2, indent 2 b (new) - ensuring the involvement of the stakeholders in air traffic management in Europe, in both decision-making and funding; Amendment 25 Article 1, paragraph 3 3.  The seat of the Joint Undertaking shall be located in Brussels. 3.  The seat of the Joint Undertaking shall be established in accordance with Council Regulation (EC) No58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes1. _________________ 1 OJ L 11, 16.1.2003, p. 1. Amendment 26 Article 2, paragraph 2 2.  The Joint Undertaking shall be recognised as an international organisation within the meaning of the second indent of Article 15(10) of Directive 77/388/EEC and the second indent of Article 23(1) of Directive 92/12/EEC. deleted Amendment 27 Article 2, paragraph 3 3.  The Joint Undertaking shall be exempt from taxation by the Member States as regards taxes other than VAT and excise duty. In particular, it shall be exempt from the payment of registration fees and corporate or similar taxes. Salaries paid to staff of the Joint Undertaking shall be exempt from any national income tax. 3.  The Joint Undertaking shall be exempt from taxation by the Member States as regards taxes other than VAT and excise duty. In particular, it shall be exempt from the payment of registration fees and corporate or similar taxes. Salaries shall be paid to staff of the Joint Undertaking pursuant to the conditions of employment of other servants of the European Communities. Amendment 28 Article 3, paragraph 1 1.  The statutes of the Joint Undertaking, as set out in the Annex hereto, are hereby adopted. 1.  The statutes of the Joint Undertaking, as set out in the Annex hereto, which constitute an integral part of this Regulation, are hereby adopted. Amendment 29 Article 3, paragraph 2 2.  The statutes may be modified in accordance to the procedure referred to in paragraph 2 of Article 5, and in particular Articles 3, 4, 5, 6 and 8 thereof. 2.  The statutes may be modified in accordance with the procedure referred to in Article 6a. Amendments 63 and 61 Article 4, paragraph 1, points (a) and (b) (a) contributions from its members in accordance with Article 1 of its statutes and (a) contributions from its members in accordance with Articles 1, 3 and 11 of its statutes and (b) a possible levy on the air navigation charges within the meaning of the second indent of Article 15(3)(e) of Regulation (EC) No 550/2004. The Commission shall define, in accordance to the procedure referred to in paragraph 4 of Article 15 of Regulation (EC) No 550/2004, the procedures for collecting and using the this levy. (b) a possible levy on the air navigation charges within the meaning of the second indent of Article 15(3)(e) of Regulation (EC) No 550/2004. The Commission shall submit a proposal to the European Parliament and the Council defining the procedures for collecting and using this levy. Amendment 32 Article 4, paragraph 3 3.  All Community financial contributions to the Joint Undertaking shall cease upon expiry of the period mentioned in Article 1. 3.  All Community financial contributions to the Joint Undertaking shall cease upon expiry of the development phase, unless otherwise decided by the European Parliament and the Council on the basis of a Commission proposal. Amendment 34 Article 5, paragraph 2 a (new) 2a. The Commission's position in relation to decisions within the Administrative Board concerning technical adjustments to the ATM Master Plan shall be adopted in accordance with the procedure referred to in Article 3 of Decision 1999/468/EC. Amendment 35 Article 5 a (new) Article 5a Accession of new members The Commission shall report to the European Parliament and the Council on the accession of new members of the Joint Undertaking. The accession of new members, including members from third countries, shall be subject to the approval of the European Parliament and of the Council. Amendment 36 Article 6 Every three years from the start of the activities of the Joint Undertaking and upon expiry of the term of the Joint Undertaking, the Commission shall carry out assessments on the implementation of this Regulation, the results obtained by the Joint Undertaking and its working methods. Pursuant to Article 173 of the Treaty, from the start of the activities of the Joint Undertaking and upon expiry of the term of the Joint Undertaking, the Commission shall carry out assessments on the implementation of this Regulation, the results obtained by the Joint Undertaking and its working methods. The Commission shall submit to the European Parliament and the Council reports on the results of these assessments and on the conclusions to be drawn therefrom. Amendment 37 Article 6 a (new) Article 6a Review If the Commission considers it necessary or if either the European Parliament or the Council requests, under the comitology procedure, the revision of this Regulation or of the statutes of the Joint Undertaking , the Commission shall submit the appropriate legal proposal in accordance with the procedure laid down by the Treaty. Amendment 38 Annex, Article 1, paragraph 2, indent 3 - any other public or private undertaking or body. - any other public or private undertaking or body that has concluded at least one agreement with the Community in the field of air transport. Amendment 39 Annex, Article 1, paragraph 3, subparagraph 2 The Administrative Board shall decide whether to accept or reject the request. If the request is accepted, the Executive Director shall negotiate the conditions of accession and submit them to the Administrative Board. These conditions may include, in particular, provisions relating to the financial contributions and representation within the Administrative Board. The Administrative Board shall advise the Commission whether to accept or reject the request and the Commission, pursuant to the procedure set out in Article 5a, shall make a proposal to that effect. If the request is accepted, the Executive Director shall negotiate the conditions of accession and submit them to the Administrative Board. These conditions may include, in particular, provisions relating to the financial contributions and representation within the Administrative Board. Amendment 40 Annex, Article 1, paragraph 3 a (new) 3a. In proposing whether to authorise negotiations on accession with a public or private undertaking or body, given the agreement referred to in the third indent of Article 1 (2) of the Annex, the Administrative Board shall take particular account of the following criteria: - documented knowledge and experience with air traffic management and/or with the manufacture of equipment and/or the provision of services for air traffic management; - the contribution that the undertaking or body can be expected to give to the execution of the ATM Master Plan; - the financial security of the undertaking or body; - any potential conflict of interests. Amendment 41 Annex, Article 3, paragraph 1, point (a a) (new) (aa) a representative of the military; Amendment 42 Annex, Article 3, paragraph 2 2.  The representatives referred to in points (b), (c), (d), (e) and (f) of paragraph 1 are designated by the Industry Consultation Body, set up in accordance with Article 6 of Regulation (EC) No 549/2004. 2.   The European Parliament shall have observer status on the Administrative Board. Amendment 43 Annex, Article 3, paragraph 2 a (new) 2a. The Administrative Board shall be chaired by the Commission. Amendment 44 Annex, Article 4, paragraph 1 1.  The representatives referred to in points (a) and (b) of Article 3(1) shall have the right to vote. 1.  All representatives referred to in Article 3(1) shall have a weighted vote in proportion to their contribution to the funds of the Joint Undertaking and subject to the provisions of paragraph 2. Amendment 46 Annex, Article 4, paragraph 5 5.  Any decision relating to the accession of new members - within the meaning of paragraph 2 of Article 1 - the appointment of the Executive Director and the dissolution of the Joint Undertaking shall require the positive opinion of the Community's representative on the Administrative Board. deleted Amendment 47 Annex, Article 4, paragraph 5 a (new) 5a. Decisions concerning the adoption of the ATM Master Plan and any relevant amendments to it shall require the favourable vote of all the founder members. Notwithstanding the provisions of paragraph 1, such decisions may not be taken where the representatives referred to in Article 3(1) (c) to (f) unanimously express disagreement. Amendment 48 Annex, Article 4, paragraph 5 b (new) 5b. The ATM Master Plan shall be communicated and forwarded to the European Parliament. Amendment 49 Annex, Article 5, paragraph 1, point (b) (b) deciding on the accession of new members; (b) proposing accession of new members; Amendment 50 Annex, Article 5, paragraph 1, point (c) (c) appointing the Executive Director and approving the organisation chart; (c) appointing the Executive Director, subject to the procedure laid down in Article 6(1) and (2) of the Annex, and approving the organisation chart; Amendment 51 Annex, Article 5 a (new) Article 5 a Avoidance of conflicts of interests 1.  Members of the Joint Undertaking or of the Administrative Board and staff of the Joint Undertaking shall not participate in the preparation of calls for public tender or the evaluation or awarding of contracts if they own or have partnership agreements with bodies that are potential candidates for calls for public tender or represent such bodies. 2.  Members of the Joint Undertaking and participants in the Administrative Board must disclose any direct or indirect personal or corporate interest in the outcome of the deliberations of the Administrative Board in relation to any matter on the agenda. This requirement also applies to the staff of the Joint Undertaking in relation to the tasks which are assigned to them. 3.  On the basis of any disclosures as mentioned in paragraph 2, the Administrative Board may decide to exclude members, participants or staff from making decisions or undertaking tasks where a conflict of interests is likely to arise. Excluded members, participants and staff shall have no access to information relating to matters where there is a potential conflict of interests. Amendment 52 Annex, Article 6, paragraph 1 1.  The Executive Director shall be responsible for the day-to-day management of the Joint Undertaking and is its legal representative. He shall be appointed by the Administrative Board on a proposal from the European Commission. He shall perform his duties with complete independence. 1.  The Executive Director shall be appointed by the Administrative Board on merit and on the basis of documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission and Eurocontrol, based on the result of the public recruitment competition and after hearing the opinion of the representative appointed by the European Parliament. The Administrative Board shall take its decision by a majority of three-quarters of its members. Amendment 53 Annex, Article 6, paragraph 1 a (new) 1a. The term of office of the Executive Director shall be five years. On a proposal from the Commission, after hearing the opinion of the representative appointed by the European Parliament and after an evaluation, it may be extended once for a period of no more than three years. Amendment 54 Annex, Article 8, introductory part In order to carry out the tasks defined in Article 1 of the present Regulation, the Joint Undertaking shall conclude an agreement with Eurocontrol by which: 1.  In order to carry out the tasks defined in Article 1 of the present Regulation, the Joint Undertaking shall conclude specific agreements with its members. 1a. Eurocontrol's role and contribution shall be defined in an agreement with the Joint Undertaking. This agreement shall: Amendment 55 Annex, Article 8, points (a) and (b) (a)  Eurocontrol shares the results of the definition phase with the Joint Undertaking; (a) establish the modalities of the transfer and the use of the results of the definition phase to the Joint Undertaking; (b)  Eurocontrol is given responsibility for the following tasks, which result from implementing "the plan", as well as the management of the relevant funds: (b) describe Eurocontrol's tasks and responsibilities in the implementation of the ATM Master Plan, such as: Amendment 56 Annex, Article 11, paragraph 3, subparagraph 1 3.  The members referred to in the second and third indents of Article 1(2) shall undertake to pay a minimum initial contribution of EUR 10 million within a period of one year from when their accession to the Joint Undertaking is accepted. This amount shall be reduced to EUR five million for members that subscribe to the Joint Undertaking within 12 months of its constitution. 3.  The members referred to in the second and third indents of Article 1(2) shall undertake to pay a minimum initial contribution of EUR 10 million within a period of one year from when their accession to the Joint Undertaking is accepted. Amendment 57 Annex, Article 11, paragraph 3, subparagraph 2 In the case of undertakings, subscribing individually or collectively, which may be regarded as small or medium-sized enterprises within the meaning of the Commission recommendation of 6 May 2003 concerning the definition of small and medium-sized enterprises, this amount shall be reduced to EUR 250 000 regardless of when they become members. In the case of undertakings, subscribing individually or collectively, which may be regarded as small or medium-sized enterprises within the meaning of the Commission recommendation of 6 May 2003 concerning the definition of small and medium-sized enterprises, this amount shall be reduced to EUR 250 000 regardless of when they become members. Founder members shall have the option of staggering this payment over several instalments, over a period to be agreed by the parties concerned. Amendment 58 Annex, Article 11, paragraph 5 5.  Contributions in kind are possible. They shall be subject to an evaluation of their value and their utility for carrying out the tasks of the Joint Undertaking. 5.  Contributions in kind are permissible and shall be set out in the agreements referred to in Article 8 of this Annex. They shall be subject to an evaluation of their value and their utility for carrying out the tasks of the Joint Undertaking. Amendment 59 Annex, Article 17 The Joint Undertaking shall own all the tangible and intangible assets created or transferred to it for the implementation phase of the SESAR project. The Joint Undertaking shall own all the tangible and intangible assets created by it or transferred to it for the development phase of the SESAR project in accordance with the membership agreements it concluded. The Joint Undertaking may grant access rights to the knowledge resulting from the project, in particular to its members but also to the Member States of the European Union and/or Eurocontrol for their own, non commercial purposes.

(1) Not yet published in OJ.

European Parliament resolution on 2006 annual report on the euro area (2006/2239(INI))

P6_TA(2006)0485 A6-0381/2006

The European Parliament,

–   having regard to the Commission communication entitled 'Annual Statement on the Euro Area' (COM(2006)0392),

–   having regard to the Commission's interim forecast of September 2006,

–   having regard to its resolution of 3 July 2003 on the international role of the euro zone and the first assessment of the introduction of banknotes and coins(1),

–   having regard to its resolution of 4 April 2006 on the situation of the European economy: preparatory report on the broad economic policy guidelines for 2006(2),

–   having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund(3),

–   having regard to its resolution of 17 May 2006 on public finances in the economic and monetary union (EMU)(4),

–   having regard to its resolution of 1 June 2006 on the enlargement of the euro zone(5),

–   having regard to its resolution of 26 October 2006 on the 2005 Annual Report of the European Central Bank(6),

–   having regard to the reports of the European Central Bank (ECB) on the international role of the euro and on financial integration in the euro zone,

–   having regard to its resolution of 13 December 2005 on taxation of undertakings in the European Union: a common consolidated corporate tax base(7),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0381/2006),

A.   whereas membership of the euro area strengthens the degree of economic interdependence between Member States and calls for a closer coordination of economic policies with the aim of correcting structural weaknesses to face incoming challenges and to achieve more prosperity and competitiveness in order to be prepared for a greater globalised economy,

B.   whereas economic growth in the euro area is accelerating in 2006 and appears more broad-based with domestic demand, notably investment, gaining momentum; but whereas growth may slow down in 2007, due to high oil prices, the delayed effects of the strengthening of the euro, and a decrease in US growth,

C.   whereas the potential growth of the euro area is usually assessed to be around 2% and needs to be increased and sustained at 3% in order to provide jobs for more than twelve million unemployed Europeans, to increase their disposable income, and to allocate the resources needed to modernise Europe's unique welfare states,

D.   whereas for the inflation rate criterion, two different definitions of 'price stability' are being used; whereas the ECB has clarified that, in the pursuit of price stability, it aims to maintain inflation rates below but close to 2% over the medium term while in their convergence reports, the ECB and the Commission use a reference value calculated as the average inflation rate over the previous 12 months in the three best-performing Member States plus 1,5 percentage points, on the basis of the Protocol on the convergence criteria referred to in Article 121(1) of the EC Treaty, which assumes that best performance in terms of price stability means, in practice, the lowest possible inflation,

E.   whereas from 1 January 2007, the euro area will comprise only 13 Member States but macro-economic policy coordination and the internal market will involve all 27 Member States,

F.   whereas the external representation of the euro area in international institutions and fora is not commensurate with its economic weight in the global economy; whereas limited progress has been achieved since the inception of the euro to ensure that the euro area speaks with one voice in international financial institutions and fora; and whereas these shortcomings make it difficult for the euro area to promote its interests and to show leadership in meeting global economic challenges,

G.   whereas the ECB shares with the Council responsibility for issues relating to the exchange rate and the international representation of the euro area,

H.   whereas the Eurogroup has a remit to engage in informal dialogue with the ECB and its main tasks are formulating common views on the general functioning of the euro area's economy and monitoring trends in exchange rates between the euro and other currencies,

Macroeconomic policy

1.  Welcomes the presentation by the Commission of its first annual report on the euro area, which reflects the evolution of the euro area economies in 2006 and is a useful contribution to the debate on the shared economic policy challenges facing euro-area members;

2.  Considers that clear and transparent rules on how the two main pillars - money supply on the one hand, and all other relevant information on future inflation developments on the other - affect the operational decisions of monetary policy could make it more predictable and effective; considers also that minutes of the meetings of the Governing Council of the ECB should be published, containing a clear statement of the arguments for and against the decisions taken and the reasons why they were taken; considers such transparency to be important because in this way the market will be able to gain a clearer picture of the ECB's monetary policy;

3.  Taking into account that the monetary stimulus given in recent years is gradually being withdrawn; calls on the Commission to adhere to a strict interpretation of the renewed Stability and Growth Pact and on Member States to pursue an annual improvement in their cyclically adjusted budget deficits of 0,5% of GDP as a benchmark, which will help to dampen inflationary pressures and keep interest rates down at levels that do not endanger the current economic recovery; recalls in this context the added value of better fiscal, especially budgetary, coordination among Member States towards a more coherent macro-economic policy balance, as compared to the well-developed monetary policy of the EMU;

4.  Considers that, without questioning the principle of subsidiarity in fiscal policy and respecting the prerogatives of national governments in determining their structural and budgetary policies, it is important that all Member States, at least those belonging to the euro area, coordinate their different national fiscal calendars and base their budgetary projections on similar criteria in order to avoid disparities caused by the use of different macro-economic forecasts (global growth, EU growth, price per barrel of oil, interest rates) and other parameters; believes that the Commission can provide an important contribution to achieve this mission;

5.  Calls on Member States to allocate a substantial share of additional fiscal revenues obtained from the current economic growth to reduce public debt which will free resources to be invested in education, vocational training, infrastructure, and research and innovation in line with the objectives set by the Lisbon-Göteborg Strategy and to face the challenges presented by an ageing population and climate change;

6.  Reminds the Commission that in its above-mentioned resolution of 4 April 2006, the Parliament asked for a general review of the Member States' fiscal systems, which is a key method to strengthen the competitiveness of the economy and the sustainability of public finances;

7.  Invites the Commission to prepare a study on the benefits for the euro area and for the Union as a whole of a better functioning of the economic pillar of the EMU applied to the euro area in terms of growth and employment;

Economic reforms

8.  Recalls in this context the importance of the active and urgent implementation of the Lisbon Strategy equally at all levels and in all policy fields concerned by a multi-supportive policy mix of economic, employment, environment and social policy reforms;

9.  Realises that the euro area economy adjusted to world growth recovery only very sluggishly, mainly due to the weakness in domestic demand and that economic reforms in product, labour and capital markets will help prices and wages to respond more rapidly to changing economic circumstances, this being essential for raising the potential for growth, dealing with unwarranted disparities in growth and inflation among Member States in the euro area, and adjusting to potentially adverse global developments;

10.  Takes into account that some Member States have shown commitment in their national reform programmes (NRPs), but realises that this is not sufficient and urges the Member States to undertake action; recalls that economic performance would be furthered by the approval of a code of conduct allowing for mutual monitoring by Member States of NRPs, through the exchange of best practices and the publication by the Commission of an annual "league table" showing the best and worst-performing countries, as proposed in the report of November 2004 by the Commission's High Level Group chaired by Wim Kok entitled 'Facing the Challenge - The Lisbon strategy for growth and employment';

11.  Considers that the euro-area Member States should continue to progress simultaneously as regards the three principles of the Lisbon-Göteborg model (economic growth, social cohesion and environmental protection) and also emphasises the potential of 'flexicurity' (flexibility and security) for increasing labour market participation, in particular that of women, older workers, young people, the long-term unemployed, and immigrants;

12.  Recalls its conviction that the objective of introducing a common consolidated corporate tax base in Europe could also be achieved through the mechanism of enhanced cooperation if Member States were unable to reach unanimous agreement; underlines that the mechanism of enhanced cooperation - though less desirable than a unanimous agreement of the Member States - would allow the great majority of Member States to progress in the field of a common framework for company taxation in the internal market while allowing the non-participating Member States the possibility to join at a later stage; believes that this issue is ever more relevant for the euro area and urges the Member States of the euro area to step up their efforts in order to make progress in this field;

Internal market

13.  Considers that the completion of the internal market, especially in services, is crucial to fostering economic growth and job creation within the EMU; therefore calls for further and better implementation of directives; condemns the policies adopted by some Member States to protect their key industries and services from cross-border competition and renews its commitment to the principles of free movement of persons, goods, services and capital;

14.  Agrees with the Commission on the necessity of removing barriers for the creation of a Single European Payment Area and of taking further action to open up the fragmented retail financial services markets (savings plans, mortgages, insurance and pensions) while ensuring the protection of consumers; underlines the importance of developing a pan-European approach to financial market regulation and supervision and recalls that it is necessary to review the rules on insurance solvency (Solvency II) as well of those concerning the discretionary powers of regulators in the case of cross-border mergers to avoid conflicts between the supervisors in the home and host Member States;

15.  Believes that an ambitious EU innovation policy is one of the main cornerstones of sustainable development and job creation and should be included as a top priority in the framework of an improved economic coordination approach; regrets that research and development expenditures in the euro area stand at around 2% of GDP, and thus fall significantly short of the EU-wide objective of 3%; calls on the Commission to table concrete proposals regarding the financing of R&D within the EU and an efficient framework of intellectual property rights; calls on Member States to allocate more resources to research and innovation and to establish tax incentives for businesses and universities investing in R&D, knowing that, compared with direct subsidies, such incentives are a better guarantee that public resources will be used to support successful ventures;

16.  Considers that labour markets should be made more flexible and those aspects of the legislation on permanent employment that may act as a barrier to labour market adjustment should be removed; admits that in the long term, real wages and productivity should grow simultaneously; regrets that many of the proposals made by the Parliament have not been taken into account, especially those referring to the improvement of child-care facilities, the achievement of a better work-life balance, the setting up of incentives to encourage workers to delay voluntary retirement, and the establishment of policies aimed at integrating legal immigrants into the labour market and combating illegal immigration;

17.  Regrets that the current levels of education and lifelong learning, which should be included as top priorities in the framework of an improved economic coordination approach, are clearly insufficient and agrees with most of the measures proposed by the Commission; regrets, however, that some of the proposals approved by the Parliament have not been taken on board especially those with the objective of improving the knowledge of foreign languages, mathematics and sciences in primary and secondary education, to achieve an integrated model of professional training, to attract more students to scientific careers, to strengthen cooperation between universities and the industrial and commercial sectors, to encourage educational provision that takes into account labour market demand, to guarantee access to tertiary education for all, to promote lifelong learning and address long-term and youth unemployment accordingly, and to ensure the better communication, dissemination and application of the outcomes of research;

18.  Calls on the Member States and the Commission to include within their top priorities the achievement of an internal market for energy, improved R&D policy on alternative energy sources and more environmentally friendly and cleaner energy, including a push towards the increased use of renewable energies, an increased commitment to energy savings and efficiency, as well as the reinforcement of political and economic links with as many supplier countries as possible in order to diversify energy sources and deal better with shortages of supply;

A functioning EMU

19.  Agrees with the Commission that the disparities in growth and inflation rates within the euro area, with differences of up to 4,5 % in growth and up to 2,7 % in inflation in 2005, is increasingly due to structural reasons; regrets that dispersion in inflation rates among Member States with higher inflation rates has a negative effect on the competitiveness and monetary stability of the euro area as a whole; notes that these differences are sometimes part of a positive process of convergence in revenues and price level, due to the "catch up" process; calls once more on Member States of the euro area to strengthen their efforts towards effective coordination of economic and monetary policies notably through the reinforcement of their common strategies within the Eurogroup, in order to improve the real convergence of economies and to limit the risks of asymmetric shock in the EMU;

20.  Welcomes Slovenia to the euro area on 1st January 2007; calls on new Member States to undertake the necessary actions to fulfil the Maastricht convergence criteria and draws attention to the fact that the ECB and the Commission must apply the price stability criterium as set out in the EC Treaty, which differs from that applied by the ECB when conducting its monetary policy, and suggests that the ECB and the Commission evaluate whether it is justified to retain such a difference in approach;

21.  Recognises that according to the Maastricht convergence criteria, the rate of inflation must not exceed by more than 1,5 % that of the three best-performing Member States in terms of price stability; points out that both the definition of the three best-performing Member States in terms of price stability as well as the method of calculating the reference value need to be carefully examined to reflect the fact that there are now twelve Member States participating in the EMU, using a single currency, which is managed by a common monetary policy, and that the differentials in their individual inflation performance reflect structural factors rather than differences in macroeconomic policy stances;

22.  Calls on the Commission and Eurostat to increase the quality of statistical macro data (especially budgetary deficit and state debt) and to use all their tools to avoid fiscal imbalances in any of the Member States; calls for a further increase of the Commission's powers to verify the quality of the transmitted data;

23.  Invites the Commission to pay closer attention to the impact of the behaviour of the financial markets on the macroeconomic situation of the euro area;

24.  Urges the competent supervisors to step up their efforts in order to assess the activities of hedge funds more efficiently with regard to the systemic risks which they may create and invites the Eurogroup to examine this issue;

External representation

25.  Welcomes the agreement reached within the Council to speak with one voice at the annual meeting of the Bretton Woods institutions in Singapore of 19 to 20 September 2006; insist that the positions of the Member States' representations within the IMF must be better coordinated; calls on the Member States once again to work towards a single voting constituency, possibly starting as a euro constituency, with a view, in the longer term, to securing consistent EU representation, involving the ECOFIN Council Presidency and the Commission, subject to Parliament's scrutiny;

Coordination

26.  Welcomes the re-election of Jean-Claude Juncker as chair of the Eurogroup; believes the Eurogroup should agree on a roadmap on the objectives of the euro area for the next two years;

27.  Points out that the Treaty does not clarify how the Council must exercise its responsibility for exchange rate policy; invites the Eurogroup, the Council and the ECB to step up the coordination of their action in the area of exchange rate policy;

28.  Highlights the necessity of underpinning cooperation in the euro area in order to strengthen economic governance and the process of European integration so that global economic challenges can be tackled; calls on the Commission, therefore, to ensure that the annual report on the euro area provides, in the future, a more concrete set of tools, which would enable a deeper dialogue between the different EU institutions concerned with improving economic governance of the Union; invites the Commission to provide strong support for the activities of the Eurogroup and its president;

29.  Considers that it would be beneficial to all parties involved, if a more regular and structured dialogue on macroeconomic issues between the Eurogroup,the Commission and Parliament, similar to the monetary dialogue between Parliament and the ECB, were established to take place at least quarterly, in order to deepen the existing frameworks and debate challenges facing the euro area economy and ways to tackle them;

30.  Believes that the regular meetings of the Parliament and national parliaments could clearly play a significant role in helping develop a better ownership by national parliaments of the required economic policy coordination;

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31.  Instructs its President to forward this resolution to the president of the Eurogroup, the Council, the Commission, and the European Central Bank.

(1) OJ C 74 E, 24.3.2004, p. 871. (2) Texts Adopted, P6_TA(2006)0124. (3) Texts Adopted, P6_TA(2006)0076. (4) Texts Adopted, P6_TA(2006)0214. (5) Texts Adopted, P6_TA(2006)0240. (6) Texts Adopted, P6_TA(2006)0464. (7) Texts Adopted, P6_TA(2005)0511.

European Parliament resolution on a Thematic Strategy on the Protection and Conservation of the Marine Environment (2006/2174(INI))

P6_TA(2006)0486 A6-0364/2006

The European Parliament,

–   having regard to the Communication from the Commission to the Council and the European Parliament on a Thematic Strategy on the Protection and Conservation of the Marine Environment (COM(2005)0504),

–   having regard to the 6th Community Environment Action Programme (EAP)(1),

–   having regard to the proposal for a directive establishing a framework for Community action in the field of marine environmental policy (the Marine Strategy Directive) (COM(2005)0505),

–   having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(2) (the Water Framework Directive), whose objectives include contributing to the protection of territorial and marine waters and the prevention and elimination of marine pollution,

–   having regard to its resolution of 19 June 2003 on the Commission communication "Towards a strategy to protect and conserve the marine environment"(3),

–   having regard to the latest State of the Environment Report of the European Environment Agency (EEA), published in 2005(4),

–   having regard to the policy briefing by the Institute for European Environmental Policy (IEEP)(5),

–   having regard to the UN Convention on the Law of the Sea (UNCLOS)(6),

–   having regard to the Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention)(7),

–   having regard to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR)(8),

–   having regard to the Convention on the Protection of the Mediterranean Sea Against Pollution, and its additional protocols (the Barcelona Convention)(9),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0364/2006),

A.   whereas the marine environment is under significant pressure and, according to the abovementioned EEA Report, there are early signs that Europe's marine and coastal ecosystems are undergoing structural changes to the food chain, evidenced by the loss of key species, occurrence of large concentrations of key planktonic species replacing other species and by the spread of invasive species, all of which are happening as a result of climate change and widespread human activities,

B.   whereas the 6th EAP indicates the priority of actions towards further protection of marine areas and better integration of environment into other Community policies,

C.   whereas the EU waters are the biggest marine territory in the world, and have a greater surface area than the EU territory as a whole; whereas 20 Member States have coasts stretching for almost 70 000 km and almost half of the EU population live less than 50 km from the coast; whereas the EU Maritime Regions of the 15 Member States in 2004 already accounted for over 40% of the GNP; whereas shipbuilding, ports, fisheries and related service industries employ two and a half million people; whereas the EU has 1200 ports and 90% of its external trade, and 41% of intra-EU trade, are transported by sea,

D.   whereas tourism, fisheries and aquaculture are activities that can only be well developed within a marine environment that presents good environmental status,

E.   whereas at the Johannesburg World Summit on Sustainable Development in 2002, the Parties agreed to significantly reduce the rate of marine biodiversity loss by 2012, a commitment reiterated at the Conference on Biodiversity, in Curitiba, in 2006,

F.   whereas Member States should take all appropriate measures to conserve natural habitats and biological diversity in the sea and to protect their coastal ecosystems; whereas such measures should also be taken in order to ensure the sustainable use of natural resources within their seas,

G.   whereas good policy depends on high-quality information, and the use of scientific information is required across the different levels of governance, which should identify and fill knowledge gaps, reduce duplicated data collection and research, and promote the harmonisation, broad dissemination and use of marine science and data,

H.   whereas it cannot be stressed enough that the criteria selected to define good environmental status must be sufficiently far-reaching since these quality targets will probably govern the programmes of measures for a long time to come,

I.   whereas, in order to protect and improve the marine environment in a particular marine area, cross-border measures are required in all the sectors affecting the area concerned, i.e. measures may be required within the marine area and in adjacent marine and coastal areas, in the catchment area and, in the case of some cross-border substances, in other regions,

J.   whereas some Arctic waters are of importance for the Community and the European Economic Area, and some Member States (Denmark, Finland and Sweden) are part of the Arctic Council,

K.   whereas the future EU enlargement in 2007 to Bulgaria and Romania will then include the Black Sea in European waters,

L.   whereas the Community and its Member States are party to various international agreements containing important obligations on the protection of marine waters from pollution, in particular the Helskinki Convention, the OSPAR Convention and the Barcelona Convention,

M.   whereas the protection and enhancement of the marine environment cannot be effectively accomplished by national efforts alone but requires close regional cooperation and other appropriate international measures,

Setting the right ambition level

1.  Welcomes the Commission's Thematic Strategy on the protection and conservation of the marine environment and its overarching objective of promoting sustainable use of the seas and conservation of marine ecosystems, but considers, with disappointment, that the proposal for a Marine Strategy Directive in its present form will not succeed in mobilising the regional and local authorities to take the appropriate measures;

2.  Believes in the leadership role of the EU in this process and therefore calls for a strong EU policy on marine protection, preventing further loss of biodiversity and deterioration of the marine environment and fostering the restoration of marine biodiversity;

3.  Calls for the inclusion in the Marine Strategy Directive of a common EU-wide definition of good environmental status (GES), understood as the environmental status when all the marine ecosystems within a given Marine Region are managed in ways which allow them to function in a balanced, self-sustaining way in the face of environmental change, supporting both biodiversity and human activities; considers that this would make for greater effectiveness in the implementation of the Marine Strategy Directive;

4.  Notes that good environmental status of European regional seas can only be achieved by strong and coordinated action at regional level rather than by Member States acting individually, and therefore asks for the Marine Strategy Directive to include a legal obligation for Member States to achieve GES; considers, furthermore, that the strategy must result in binding supranational obligations which may also involve common commitments in third countries;

5.  Calls, furthermore, for the inclusion of a list of generic qualitative descriptors, criteria and standards for the recognition of GES, namely an existing list generally accepted by marine stakeholders, without excluding further improvements and development of the list;

6.  Considers it important that the objectives, measures, language and concepts used in the Marine Strategy Directive and other directives concerning the marine environment, such as the Water Framework Directive and the Habitats Directive(10), are harmonised to achieve greater clarity and facilitate coordination between those directives;

7.  Considers that measures to improve water quality must be taken swiftly and is, therefore, concerned at the extended timetable put forward in the proposal for a Marine Strategy Directive; considers that it would be better to bring the timetable into line with the timetable for the Water Framework Directive;

8.  Notes that the timetable for the Water Framework Directive, whereby good ecological status is to be achieved in coastal waters by 2015, has already been implemented in the Member States; considers that it is not logical or appropriate simultaneously to propose a less ambitious target for partly overlapping and adjoining marine areas; stresses that it will not be possible to achieve good environmental status in several areas of coastal water unless there is correspondingly good environmental status in the adjoining marine areas;

Synergies with EU policies

9.  Welcomes the Green Paper "Towards a future Maritime Policy for the Union" (COM (2006)0275) which foresees a holistic approach to the sustainable development of the oceans, but warns against too great an emphasis on an economic approach and urges that a balance be struck between the economic and ecological angles; expects the Marine Strategy Directive, its environmental pillar, to provide the legal framework for the preservation and integrity of the marine environment and thus the legal framework for the appropriate management units - the Marine Regions and Strategies - for marine planning and decisions;

10.  Believes that there must be clarification of the implications for the Member States if the targets and measures in respect of marine environment protection are not sufficiently far-reaching, i.e. that consideration must be given to how to ensure that the objective of the Marine Strategy Directive - good environmental status - can actually be achieved;

11.  Notes that Member States have delayed complying with the existing marine components of the Natura 2000 network; encourages Member States to identify Marine Protected Areas of specific scientific or biodiversity interest, or subject to intense pressures, in accordance with the Habitats and Birds(11) Directives;

12.  Prefers long-term efforts to integrate environmental objectives into the Common Fisheries Policy (CFP) and thereby meet the requirements for sustainable development but insists that the Member States should have the opportunity to adopt more urgent and short-term measures, e.g. the establishment of no-go areas (Marine Reserves), or marine sanctuaries, to protect the most vulnerable marine ecosystems;

13.  Deplores the lack of reference by the Commission, in both the Communication and the Marine Strategy Directive, to the marine waters of the French overseas departments, the Azores, Madeira and the Canary Islands, bearing in mind the conditions laid down in Article 299 of the EC Treaty, and to the marine waters of the Overseas Countries and Territories listed in Annex II of the Treaty;

Budgetary concerns

14.  Expresses its concern over the lack of financial commitment for the implementation of the Marine Strategies; asks the Commission and the Member States to identify the measures that could be co-financed through Life+ due to their particular importance for the achievement of GES in the European marine waters;

15.  Considers that coordination between economic and environmental interests should, where possible, take place at local level in order to safeguard the subsidiarity principle and the participation of local stakeholders, but that it should also take place at higher levels (regional, EU and international) when appropriate and necessary;

16.  Points out that different marine regions within the EU are distinct from each other and have different needs for protection; considers, therefore, that further-reaching financial measures may be required at EU level for some regions compared with others in order to achieve good environmental status and sustainability;

17.  Believes that the optimum benefits from coordination with existing programmes can be gained by coordinating the timetable for the marine strategy with important programmes at EU level; believes that coordination with the next programming period for the EU's agricultural fund (from 2014) is of particular importance for those regions in which agriculture accounts for a substantial proportion of the discharges into the marine area;

18.  Believes that consideration should be given in all sectors to financial incentives, such as - to take an example working in the Baltic Sea - environmentally differentiated port and fairway dues; takes the view that further-reaching measures may also be required in this respect in certain regions;

Data sharing

19.  Recommends a new approach to marine assessment and monitoring, based upon existing institutions and programmes including the Data Collection Regulation under the CFP, and tailored to ensure full consistency and integration with relevant new Commission initiatives on spatial data infrastructure and GMES (Global Monitoring for Environment and Security), in particular the marine services;

20.  Recalls the mandate of the EEA to develop regular pan-European assessments of the marine environment, based on existing indicators and other nationally available data and information; stresses that it is necessary to further improve national reporting, including through specific data exchange protocols on, for example, data flows to support the development of the Agency's core set of indicators;

21.  Considers it essential to adopt traceability and detectability measures and programmes in order to identify pollution and locate its source so as to deal with it effectively;

22.  Considers it essential to cooperate with decentralised agencies (European Environment Agency, European Maritime Safety Agency, etc.) and with the European Research Centre in order to produce data on the quality of marine waters and to identify, locate and combat pollution;

Relations with Conventions and third countries

23.  Welcomes the excellent contributions to marine protection of a number of regional marine conventions, through their scientific and technical competence and ability to act as a bridge with non-EU countries, and expects them to become a key partner in delivering the Marine Strategy Directive; calls for the inclusion of explicit commitments to promote international cooperation with third countries and organisations with a view to their adopting marine strategies to cover regions or sub-regions with European marine waters;

24.  In order to avoid a double bureaucratic burden on the effective delivery of the Marine Strategy Directive, asks the Commission and Member States to ensure either that the regional marine conventions have the relevant legal and administrative capacities or that mechanisms for joint implementation of the Strategy are developed between the different regional bodies operating within the same marine region; considers that in either case this must include the widest possible cross-sectoral and stakeholder involvement;

25.  Calls on the Commission to study the possibility of making the Baltic Sea into a pilot area, in view of the fact that it is an especially sensitive sea area and the Member States surrounding it are likely to agree on faster implementation of the plans and actions through the work within the Helskinki Commission and other bodies; notes that the forthcoming Baltic Sea Action Plan from the Helsinki Convention could act as a pilot programme to implement the Strategy objectives in the Baltic Sea Marine Region;

26.  Considers that the current international rules must be reviewed so that international waters (more than 12 nautical miles from the coast) may no longer be used for the discharging of latrines;

27.  Notes that the protection of the Mediterranean sea lacks either the necessary environmental legislation or, where such legislation does exist, the political willingness to enforce it; points out that the objectives of the Barcelona Convention to promote the integrated management of the coastal zones have to face a two-speed development of Regions, namely the southern and eastern Mediterranean countries on the one hand and the northern Mediterranean countries on the other;

28.  Notes that, due to low water temperature and low water exchange rate, the Baltic Sea ecosystems are highly vulnerable to pollution and that the marine ecology of the Baltic region is estimated to have suffered near-irretrievable damage; therefore urges the Member States and the Commission to introduce special measures, among others under the Common Agricultural Policy (CAP), in order to improve the environmental status of the Baltic Sea; considers moreover that cooperation between the EU and Russia has to be enhanced; believes, in this context, that the environmental partnership programme fund of the EU's Northern Dimension Programme is an essential necessity to improve water protection in the Baltic Sea;

29.  Calls on the Commission to propose relevant measures for the protection of the Arctic waters, an extremely fragile ecosystem under constant and emerging threats, and to develop and support programmes and projects that address the rights and needs of indigenous peoples in tackling sustainable use of the Arctic's natural resources;

30.  Calls on the Commission to study the prerequisites for establishing the Arctic as a protected area, similar to the Antarctic, and designated as a "natural reserve devoted to peace and science", and to report back to Parliament and the Council in 2008 at the latest;

31.  Calls on the Member States and the Commission, in the context of EU international and regional agreements with third countries which have sovereignty or jurisdiction over waters bordering European marine waters, to promote the adoption of measures and programmes in accordance with the Marine Strategy Directive, which is in the process of being adopted;

32.  Recommends the inclusion of the Black Sea as one of the Marine Regions to be covered by the Marine Strategy Directive; points out that this important marine region is bordered by Bulgaria and Romania, countries that will join the EU in 2007 and are already participating in the implementation of the Water Framework Directive - as part of the work led by the International Commission for the Protection of the Danube River -, and by Turkey, with whom accession negotiations are underway;

33.  Regrets the lack of environmental guarantee in connection with the construction of the North European gas pipeline to prevent a potential environmental disaster in the Baltic Sea region; calls on the Commission to draw up an environmental impact assessment for the planned project and to postpone any decisions on the co-financing of the project;

34.  Calls for prior consultation, in all cases, of adjoining countries and other countries concerned where projects may have an impact on the common environment, even when the project is carried out in international waters; notes that experience shows that environmental impact assessments often have shortcomings and that they are not carried out in consultation with other States; calls on the Commission, therefore, to propose a mandatory negotiating mechanism between Member States, and urges the Council to act at international level to develop mandatory environmental impact assessments in relations between the EU and third countries;

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

(1) OJ L 242, 10.9.2002, p.1. (2) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (3) OJ C 69 E, 19.3.2004, p. 141. (4) http://reports.eea.europa.eu/state_of_environment_report_2005_1/en (5) http://www.europarl.europa.eu/comparl/envi/pdf/externalexpertise/ieep_6leg/marine_thematic_strategy.pdf (6) http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.html (7) http://www.helcom.fi/stc/files/Convention/Conv0704.pdf (8) http://www.ospar.org/eng/html/welcome.html (9) http://europa.eu/scadplus/leg/en/lvb/128084.html (10) 1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). (11) OJ L 103, 25.4.1979, p. 1.

European Parliament resolution on mortgage credit in the EU (2006/2102(INI))

P6_TA(2006)0487 A6-0370/2006

The European Parliament,

–   having regard to the Commission Green Paper on Mortgage Credit in the EU (COM(2005)0327) (Green Paper),

–   having regard to the Commission White Paper on Financial Services Policy 2005-2010 (COM(2005)0629,

–   having regard to the response of the Governing Council of the European Central Bank (ECB) to the Green Paper on Mortgage Credit in the EU of 1 December 2005,

–   having regard to the Second Council Directive 89/646/EEC of 15 December 1989 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions(1),

–   having regard to Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast)(2) (Capital Requirements Directive) and Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast)(3),

–   having regard to Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services(4),

–   having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market(5),

–   having regard to the modified proposal for a directive of the European Parliament and of the Council on credit agreements for consumers amending Council Directive 93/13/EC (COM(2005)0483),

–   having regard to the Commission's amended proposal for a Council directive on the freedom of establishment and the free supply of services in the field of mortgage credit (COM(1987)0255),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Legal Affairs (A6-0370/2006),

A.   whereas mortgage credit represents a large and rapidly expanding market and is a vital part of the EU's economic and social structure,

B.   whereas some Member States have experienced unprecedented growth in the property market, which has succeeded in making the construction sector anti-cyclical, a key factor in achieving growth and employment during the economic recession experienced in Europe during the period 2000 to 2005,

C.   whereas historically low interest rates have resulted in much extended mortgage borrowing, particularly in those countries where it has been based on confidence which has brought about economic growth,

D.   whereas the protection of European consumers must be a paramount feature of any legislative action on mortgage credit, which for most EU citizens represents the biggest financial commitment in their lifetime, with long-term implications for their standard of living and financial stability,

E.   whereas enhanced transparency on key features concerning available mortgage products will not only improve market efficiency, but will also increase the confidence of borrowers looking for mortgage credit deals in other Member States and enable them to take informed decisions,

F.   whereas consumers need to have access to the fullest and simplest information possible, provided on a case-by-case basis in standard forms lending themselves to comparative study across Member States, in order to enable them to exercise their freedom of choice more effectively when taking out mortgage credit on a cross-border basis,

G.   whereas targeted measures for an improved product and services range, wider availability and an integrated funding market could enhance market efficiency, economies of scale and diversification reduce borrowing costs, and thereby benefit the European economy,

H.   whereas creating access to client credit databases for mortgage service providers in case of cross-border lending is a crucial contribution to boosting competition in mortgage-based lending activity and creating a single European mortgage market,

I.   whereas an integrated mortgage market will facilitate workers' mobility,

J.   whereas, surprisingly, there is little pressure from mortgage lenders or consumer organisations to develop cross-border lending other than by physical establishment in the separate national markets,

K.   whereas considerable market barriers have so far hindered the increase of cross-border mortgage credit offers, so far amounting to less than 1% of the overall EU mortgage market,

L.   whereas on a number of important issues the Community has no competence, or only limited competence, and whereas the principles of subsidiarity and proportionality must be respected,

M.   whereas mortgage brokers can play an important role, drawing on their expertise with mortgage products on their domestic market but also in markets across Member States, supporting cross-border activity and acting as a bridge between consumers and both foreign and local financial institutions,

N.   whereas significant variations in the range and characteristics of products, distribution structures, loan durations, and funding mechanisms exist between Member States, due to differing legal, fiscal, regulatory, and consumer protection conditions,

O.   whereas mortgage credit markets display an extremely high degree of complexity; whereas legal systems and financing cultures, property law and land register systems, law of rights in rem, law governing credit agreements, valuation issues, forced sales procedures, refinancing markets, etc., differ considerably between one country and another while at the same time an internal coherence exists among the various fields,

P.   whereas there still exist tax obstacles of a discriminatory nature which impede the exploitation of a single market for mortgage credit and may in some cases even contravene EC legislation,

Q.   whereas there is a direct link between the mortgage market and macro-economic policy and the conduct of monetary policy in particular,

R.   whereas mortgage market volatility can affect housing and economic cycles and thus cause systemic risk,

S.   whereas, in order to bring more efficiency and competitiveness to the EU mortgage credit market, it may be preferable to look first at the implementation and effectiveness of the Commission Recommendation 2001/193/EC of 1 March 2001 on pre-contractual information to be given to consumers by lenders offering home loans(6) (Code of Conduct) and the use of the European Standardised Information Sheet (ESIS), aiming to ensure that consumers obtain transparent and comparable information on housing loans,

T.   whereas the above-mentioned Code of Conduct appears to have been implemented with varying degrees of success across Member States, yet without solving the overall problem of a lack of a common legal framework,

Introduction

1.  Recognises the consumer benefits that would be brought by further well-focused integration of the EU mortgage market;

2.  Considers that any action at EU level regarding the European mortgage credit market must, first and foremost, benefit the public directly as mortgage borrowers and that the mortgage credit market should be accessible to a larger number of potential borrowers, including those with a low or incomplete credit profile, workers with fixed term contracts and first-time buyers;

3.  Welcomes the Commission's wide consultation and insists that any specific proposals should be preceded by thorough economic and social impact assessments;

4.  Welcomes the Commission's efforts to date to comply with better regulation requirements; however, reminds the Commission that any conclusions reached should always be the result of an extensive consultation process;

5.  Notes the numerous obstacles to a single EU retail market for mortgage credit highlighted in the Green Paper and urges the Commission to focus on targeted measures offering the greatest benefits, encouraging market-led initiatives wherever possible;

6.  Cautions the Commission that attempts to harmonise products themselves might lead to legal inconsistencies and thus produce a negative impact on the sector;

7.  Insists that any EU action should not hamper competition and innovation, in particular regarding products, ancillary services and funding techniques;

Code of Conduct and pre-contractual information

8.  Calls for moves towards the harmonisation of provisions on pre-contractual information, which are necessary to enable borrowers to take informed decisions on potential mortgage contracts;

9.  Insists that such pre-contractual information must be accurate and comprehensible to allow an informed choice, and that it should give the consumer as comprehensible and global a picture as possible in the light of the available information on which the mortgage contract is based; stresses that, in the event that the lender takes the initiative of offering a credit in another Member State, such information must be supplied to the borrower as quickly as possible in the official languages recognised in the borrower's Member State of residence;

10.  Considers the Code of Conduct and the ESIS to be important yet insufficient instruments for the protecting the economic interests of citizens moving between Member States and likely to acquire property in other Member States; encourages the Commission to assess progress and consider making the Code of Conduct, which is currently voluntary, mandatory if early compliance is not forthcoming;

Funding

11.  Considers that the development of a single, open and compatible funding market is a first priority as it will boost efficiency, allow international diversification of credit risk, optimise funding conditions and capital allocation, and reduce borrowing costs; recognises the importance of and the potential for integrating market-led initiatives in this area;

12.  Points out that the creation of a single secondary market for mortgages can not be achieved without a gradual convergence of national contract rules;

13.  Welcomes the setting up of the Mortgage Funding Expert Group and calls for an in-depth analysis of variations in national regulatory and legal practices affecting mortgages;

14.  Considers that provisions in the Capital Requirements Directive on covered bonds and mortgage-backed securities offer important funding options;

15.  Suggests that the Commission consider how best to create a central database as a depositary of information about the different national mortgage markets and transnational pools of mortgage securities (such as default probabilities, losses from default and prepayments), which would enable investors to evaluate and price adequately mortgage pools;

16.  Suggests that a range of standardised packages of European mortgages could be traded on the capital markets with credit ratings according to their characteristics, thereby enhancing secondary markets in securitised mortgages;

17.  Calls on the Commission to consider the growing market of mortgages compliant with sharia law and to ensure that any legislation does not exclude the requirements of that market;

18.  Recognises the important role of mortgage insurance in reducing the risk exposure of lenders and allowing access for a wider range of borrowers;

Retail

19.  Calls on the Commission to investigate barriers which impede lenders' rights to free provision of services or freedom of establishment in other Member States and whether the 'general good' clause is being used to discourage cross-border activity;

20.  Supports Commission action to facilitate cross-border mergers and acquisitions in financial services, while ensuring that distribution networks take into account the requirements of regional situations and smaller markets, but notes that cross-border mergers and acquisitions alone will not promote integration of the market in this area;

21.  Considers that opening up the mortgage credit market to non-credit institutions, with an equivalent supervisory regime, will increase competition and the range of products;

22.  Recognises the beneficial role that credit intermediaries, such as mortgage brokers, can play in helping customers access competitive mortgage credit from domestic and non-domestic lenders and supports the Commission's commitment to consult on an appropriate regulatory environment for such operators;

23.  Calls on the Commission to investigate impediments to the transfer of loans across borders, and to explore further the potential of the Euromortgage as a collateral instrument, including consideration of:

24.  Considers that any proposals to this effect should, if necessary, be accompanied by an impact assessment, including legal aspects, with detailed studies of comparative law, as well as economic and social aspects in line with the approach advocated under the guide to impact assessment approved by the Competitiveness Council on 29 May 2006;

25.  Calls on the Commission to encourage the development of mechanisms for rechargeable mortgages and life annuity mortgage loans with full guarantees in terms of public information, with due regard to issues of confidentiality and effects vis-à-vis third parties;

26.  Considers that lenders are more likely to enter a market if national rules allow them to offer early repayment terms at a price proportionate to costs or to vary interest rates in line with market conditions and risk and that restrictions in these aspects are likely to impair the development of the market in terms of funding, new products and lending to higher-risk borrowers;

27.  Considers that an EU standard, defining the scope and method of calculating the annual percentage rates charged, should combine all charges to be levied by the lender and should ensure comparability among products with the same maturity offered in other Member States; believes that borrowers should also be informed in advance of any other charges related to the transaction and the borrower's legal obligations, including items levied by third parties such as legal fees, registration and administration fees and the costs of any valuations, or estimates of such costs if a precise figure is not available;

28.  Believes that in addition to providing exact information on the annual percentage rate, the lender must provide information on any other types of charges or costs likely to arise from its activities, for example the expenses incurred in examining applications, commitment fees, penalties for early full or part repayment;

29.  Recognises the potential of the Internet as a means for mortgage credit marketing, and recommends that the Commission study this further;

Legal, fiscal and operational barriers

30.  Urges the Commission to examine legal and regulatory barriers hindering a market-led development of a pan-European funding market for mortgage credit;

31.  Calls on the Commission to define the scope of its future proposals and to restrict it to mortgage contracts and their guarantees (fixed charges on real estate), so as to avoid any overlapping with COM(2005)0483;

32.  Calls on the Commission to take steps to ensure the smooth running of the secondary mortgage market and establish a legal framework for conducting effective portfolio trading, in particular by identifying the factors preventing the available legal refinancing facilities from meeting the desired objective and allowing for the differing legal traditions and the different models for collateral security in land;

33.  Agrees with the Commission that the issue of the law applicable to mortgage credit contracts should be addressed within the context of the revision of the 1980 Rome Convention on the law applicable to contractual obligations; but supports the Mortgage Credit Forum Group's view that the law applicable to mortgage credit contracts does not have to be aligned with the law applicable to mortgage deeds and that, in the case of mortgage deeds, lex rei sitae applies;

34.  Stresses the importance of comprehensive and reliable client credit databases and urges the Commission to promote the development of a process of transition to a consistent format in all Member States;

35.  Urges the Commission to facilitate cross-border access to client credit databases on a non-discriminatory basis as a priority for encouraging lenders to enter new markets;

36.  Recognises that, subject to justifiable privacy protection, access to both positive and negative credit data is desirable;

37.  Welcomes efforts to bring about improvements and adjustments in the law governing forced sales procedures;

38.  Supports the Commission's proposal of a scoreboard for the length and cost of forced sales procedures;

39.  Suggests that valuers' professional bodies should collaborate to adopt common EU property valuation standards of high quality and comparability;

40.  Stresses the importance to lenders of easy access to full and accurate information on mortgage collateral and ownership rights;

41.  Favours encouraging access to land registers, where this is not prevented by existing legislation, and supports all efforts to harmonise the informative value of these registers by means of national measures and encourages the enhancement of the current European Land Information Service (EULIS) system;

42.  Supports action to abolish tax obstacles of a discriminatory nature, such as differential fiscal treatment of local and foreign lenders and government fees;

43.  Urges the Commission to consider, in the case of cross-border mortgages, how to reconcile the varying approaches to the tax deduction of mortgage interest across the EU;

Systemic, macroeconomic and prudential issues

44.  Urges the Commission and the ECB to monitor and analyse the potential risks of increasing levels of mortgage debt and of mortgage credit funded from capital markets;

Conclusion

45.  Concludes that there is potential for consumer and economic benefits by some further, well-considered integration of the EU mortgage market;

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

(1) OJ L 386, 30.12.1989, p. 1. (2) OJ L 177, 30.6.2006, p. 1. (3) OJ L 177, 30.6.2006, p. 201. (4) OJ L 271, 9.10.2002, p. 16. (5) OJ L178, 17.7.2000, p. 1. (6) OJ L 69, 10.3.2001, p. 25.