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 Index 
Texts adopted
Thursday, 30 November 2000 - BrusselsFinal edition
Staff Regulations of Officials and the Conditions of Employment of Other Servants * (procedure without report)
 EDICOM ***I (procedure without debate)
  Text
  Resolution
 Employment (procedure without debate)
 Marine pollution ***III
 Safety at sea, preventing pollution, and shipboard living conditions (port state control)***I
  Text
  Resolution
 Oil tankers ***I
  Text
  Resolution
 Ship inspection and survey organisations ***I
  Text
  Resolution
 Preparation of Nice European Council
 CFSP
 A common European security and defence policy after Cologne and Helsinki
 Afghanistan
 Gender-related aspects of prevention of armed conflicts
 Regulating domestic help
 Commission reform: budgetary aspects
 Commission reform: budgetary control aspects
 Commission reform: legal aspects
 Commission reform: constitutional aspects
 Relations between EU and developing countries

Staff Regulations of Officials and the Conditions of Employment of Other Servants * (procedure without report)
Proposal for a Council regulation (EC, ECSC, EURATOM) amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities as regards the arrangements for the adjustment of remuneration and the temporary contribution (COM(2000) 569 - C5-0496/2000 - 2000/0231(CNS) )
C5-0496/2000

(Consultation procedure)

The proposal was approved.


EDICOM ***I (procedure without debate)
Text
Resolution
Proposal for a European Parliament and Council decision concerning a set of actions relating to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries (Edicom) (COM(2000) 458 - C5-0401/2000 - 2000/0201(COD) )
A5-0353/2000

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament
(Amendment 1)
Recital 6
   (6) Simplification of the Intrastat system was a pilot project in the SLIM ("Simpler Legislation for the Internal Market”) initiative launched in 1996; the specific proposals for reducing the workload on statistical information providers have been approved by the European Parliament and the Council .
   (6) Simplification of the Intrastat system was a pilot project in the SLIM ("Simpler Legislation for the Internal Market”) initiative launched in 1996; the measures for reducing the workload on statistical information providers, in particular SMEs, which have been approved by the European Parliament and the Council, should be continued .
(Amendment 2)
Article 2(1), second paragraph
The specific conditions in which these actions are implemented are set out in Annex 1 to this Decision.
The specific conditions in which these actions are implemented are set out in Annex 1 to this Decision. The indicative breakdown for the entire period is set out in percentages in Annex 2.
(Amendment 3)
Article 3(1), second indent
   - the adjustments to the breakdown of expenditure set out in Annex 2, involving a change of more than EUR 200 000 in the resources allocated annually to a category of actions, during the year.
Deleted
(Amendment 4)
Article 5 (2), new subparagraph before first subparagraph
   2. By the end of December 2003, the Commission shall present to the European Parliament and the Council a mid-term report on the activities financed under the new programme so as to enable a possible review of the actions implemented under this Decision.
(Amendment 5)
Article 6, first paragraph
The total appropriation for implementation of the Community project described in this Decision for the period 2000-2004 is fixed at EUR 51,2 million. An indicative breakdown, by category of actions referred to in Article 2, is shown in Annex 2.
The total appropriation for implementation of the Community project described in this Decision for the period 2001-2005 is fixed at EUR 51,2 million. An indicative breakdown, by category of actions referred to in Article 2, is shown in Annex 2.
(Amendment 6)
Annex 2, title
Indicative breakdown, by category of Edicom actions, in accordance with Article 2, for years 2000-2004
Indicative breakdown, by category of Edicom actions, in accordance with Article 2, for years 2001-2005
(Amendment 7)
Annex 2, table
See COM(2000) 458

Breakdown 2001-2005

Total

An information network of better quality,
less costly and available more quickly, in accordance with the requirements of Community policies

22%

A relevant information network adapted to the changing needs of users within the framework of Economic and Monetary Union and the
International economic environment

14%

A network of information which is better integrated into the general statistical environment and adapted to the development of the administrative
environment

25%

A network improving the statistical service offered
to administrations, users and providers of data

12%

A network based on tools for the collection of information in the light of the latest technological advances in order to improve functions available to information providers

9%

Integrated and interoperable network

11%

Technical and administrative assistance; support measures

7%

Total (EUR millions)

51,2

European Parliament legislative resolution on the proposal for a European Parliament and Council decision concerning a set of actions relating to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries (Edicom) (COM(2000) 458 - C5-0401/2000 - 2000/0201(COD) )
A5-0353/2000

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 458 ),

-   having regard to Article 251(2) and to Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0401/2000 ),

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

-   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgets (A5-0353/2000 ),

1.   Approves the Commission proposal as amended;

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

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


Employment (procedure without debate)
European Parliament resolution on the Commission communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions'Acting locally for employment - a local dimension for the European employment strategy' (COM(2000) 196 - C5-0597/2000 - 2000/2275(COS) )
A5-0341/2000

The European Parliament,

-   having regard to the Commission communication (COM(2000) 196 - C5-0597/2000 ),

-   having regard to the White Paper on 'Growth, competitiveness, employment - the challenges and ways forward into the 21st century' (COM(1993) 700 ),

-   having regard to the Commission communication on 'a European strategy for encouraging local development and employment initiatives' (COM(1995) 273 ) and the two Commission reports on local development and employment initiatives (SEC(1996) 2061 and SEC(1998) 25 ),

-   having regard to the Commission's second progress report on the territorial pacts for employment (SEC(1999) 1932 ) and the Commission's working document entitled 'Guide to territorial pacts for employment 2000-2006' (SEC(1999) 1933 ),

-   having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1) , European Parliament and Council Regulation (EC) No 1784/1999 of 12 July 1999 on the European Social Fund(2) and the Commission communication entitled 'The Structural Funds and their coordination with the Cohesion Fund - Guidelines for programmes in the period 2000-2006' (COM(1999) 344 ),

-   having regard to the proposal for a Council Decision on guidelines for Member States' employment policies for the year 2001 (COM(2000) 548 ),

-   having regard to the conclusions of successive European Councils concerning new sources of employment and local employment initiatives, in particular the European Council meetings of 9 and 10 December 1994 in Essen, of 21 and 22 June 1996 in Florence and of 20 and 21 November 1997 in Luxembourg,

-   having regard to Rule 47(1) of its Rules of Procedure,

-   having regard to the report of the Committee on Employment and Social Affairs (A5-0341/2000 ),

A.   whereas within the global information society the economy is undergoing far-reaching changes as a result of investment mobility, the use of new information and production technologies and the emergence of a knowledge-based society,

B.   whereas, at the same time, changes in population trends and living patterns have contributed to the emergence of new demands, particularly with regard to day-to-day services and in areas such as leisure and cultural activities, the environment and housing,

C.   whereas these globalisation trends and the appearance of sources of new jobs represent challenges and, at the same time, job creation opportunities at local level; whereas local bodies play a very important role in job creation both because they are close to job seekers and because they have a better understanding of local needs and handicaps and the ways to tackle them,

D.   whereas local employment has to be based on a sustainable economy, i.e. the careful stewardship of natural resources and decent environmental conditions,

E.   whereas new environmentally friendly fields in local employment could be built in the social economy, new neighbourhood services, the regeneration of cities as well as in environmental protection,

F.   whereas the European Union has already been equipped with instruments specifically designed to promote local job creation, but whereas it is now necessary to concentrate these efforts and to take greater account of the territorial dimension in all Union employment policy initiatives,

G.   whereas projects set up as part of local development and employment initiatives and territorial employment pacts have had a considerable impact on job creation; whereas the increase in the employment rate recorded in third system organisations is much higher than in the European economy as a whole,

H.   whereas local initiatives are, by their integrated nature, a particularly suitable means of promoting the integration of groups threatened with social exclusion and of reclaiming and subsequently integrating those manifestly suffering social exclusion as well as those who in general are socially marginalised, for example adults who have lost their job, young people who have not found their first job, and the like,

I.   whereas an assessment of these initiatives shows that the success of local initiatives lies in the establishment of partnerships that are both efficient and broad-based, including all those working on the ground, in particular local authorities, businesses, the third system, local agencies, public employment services and the social partners,

J.   whereas the success of local employment initiatives also depends on the capacity to adopt integrated strategies based on an analysis of actual needs and skills at local level, financial resources in line with local needs and adequate and stable support structures,

K.   whereas the development of integrated local strategies often comes up against a lack of national or regional legislative and administrative provisions promoting local initiative or practices which, in some cases, favour large-scale companies,

L.   whereas European programmes in support of local initiatives by small NGOs, which, more often than not, do not have substantial cash resources, are less easy to implement on account of the difficulties in obtaining the bank guarantee required by the Commission, the usefulness of which is not immediately obvious; whereas this situation results in discrimination between large and small NGOs, running counter to the desire to foster civil society,

M.   whereas, in addition to targeting resources available from the Structural Funds, steps must be taken, with the cooperation of central and regional authorities, to set up financial instruments geared towards local development,

N.   whereas the European Union is responsible for supporting national employment policies through initiatives aimed at developing exchanges of information and best practice, by promoting innovative approaches and evaluating experiences,

O.   whereas the European Parliament has made a significant contribution to the development of a policy to promote local employment initiatives, in particular by introducing budgetary lines to fund pilot projects in this area and in its capacity as co-legislator with respect to Structural Funds,

1.   Welcomes the Commission communication which not only provides a framework for debate on local development prospects but also constitutes a practical tool for those working on the ground;

2.   Welcomes the Commission's proposal to increase references to local initiatives in the employment guidelines and calls for this new priority to be reflected in closer and wider-ranging involvement of regional and local authorities in the establishment of national employment plans; calls also for cooperation and information flows to be improved at national level with regard to the European Structural Funds;

3.   Calls on the Member States to step up their efforts to remove structural obstacles in accordance with the employment guidelines and to initiate an in-depth discussion on the breakdown of responsibilities and powers between central government and regional and local authorities in the field of employment; warns, however, against any attempt to break up the employment market into compartmentalised regional labour markets, using subsidiarity as a pretext; recognises that, in job creation policies, contributions need to be and should be made by all parties at all levels; considers, therefore, that all efforts and contributions must be coordinated, since this will enhance the effectiveness of job creation measures;

4.   Calls on the Member States to indicate in their national employment plans how far regional and local authorities are involved and to what extent responsibilities and powers have been shared between central and local government with a view to implementing employment strategy;

5.   Regrets that the European employment strategy is not yet sufficiently known at regional and local level; points out that the European Parliament has launched the 'local action for employment" project, whose main aim is to increase awareness of the relevant issues among those working on the ground; also supports the idea of designating a European Local Development Year;

6.   Welcomes the Commission's involvement of the municipal authorities, through their national and European associations, in the drafting of this communication and believes that this process and dialogue should be developed further with a view to creating cohesion between the relevant local and regional authorities and the efforts of the Union's institutions, thereby achieving the greatest possible impact in terms of job-creation;

7.   Welcomes the fact that the new generation of Structural Funds, in particular the Social Fund, take due account of the territorial dimension of employment, in particular by supporting local initiatives and the territorial employment pacts as well as establishing risk capital schemes for social purposes; regrets, on the other hand, that the financial package set aside to support innovative approaches has been reduced;

8.   Hopes that, when requiring them to furnish the bank guarantees to which payment of the subsidies that it grants is subject, the Commission will be more flexible in relation to small voluntary organisations so as to ensure that they are not excluded from European programmes;

9.   Calls for a clear distinction to be established - given the wide range of political instruments at European level - between experimental instruments, mainstream instruments and methodological instruments; calls for this distinction to be reflected in the Commission's internal management structures since experimental initiatives require more flexible selection procedures and extra resources for analysis and evaluation of results;

10.   Suggests, in this context, that the methodological and awareness-raising measures for the implementation of an employment development strategy at local level be concentrated in future on the programme of "employment incentive measures", based on Article 129 of the Treaty;

11.   Notes with satisfaction that the territorial pacts for employment genuinely enhance the implementation of the Structural Funds through their capacity to mobilise exceptional public and private co-funding, and welcomes the fact that, according to preliminary results, they will eventually create 55,000 jobs;

12.   Calls on the Commission to encourage partners in the territorial pacts to give added emphasis to qualitative and long-term approaches in future; recalls the considerable importance of an in-depth qualitative assessment of results and advocates increasing exchanges of experience both between the pacts themselves and between them and all the regions affected by the measures;

13.   Believes that regional and local authorities, in their dual capacity as regulators and economic entities and because they are in close touch with, and hence have a better understanding of, the real situation in every locality or area, have a key role in promoting local employment; suggests that, for the purposes of mainstreaming, such authorities should from time to time hold joint conferences of regions and cities and set up coordination units at all levels to ensure that their action is compatible with the aim of job creation; calls on the Member States to provide training for local elected representatives and officials in this respect;

14.   Believes that such training should also be available for other actors including voluntary organisations in order to develop their capacity and effectiveness;

15.   Believes that greater efforts are needed to encourage businesses to become involved in innovative initiatives at local level, by means of financial incentives or greater public visibility of businesses which decide to take action in this respect;

16.   Believes that, in the face of economic globalisation, new technologies and the modernisation of the labour market, closer cooperation and efforts to achieve synergy between local businesses are a vital means of guaranteeing competitiveness; considers, moreover, that regional and local bodies should consequently conduct information, awareness, and promotion campaigns not just to encourage joint ventures, but also to enable local integrated networks to be brought into being at the practical level;

17.   Calls on the social partners to support efforts to devise suitable solutions at local level, in particular through negotiations on atypical forms of work, such as multiple employment, and the provision of regional and local back-up structures; calls on Member States to give timely and useful effect to experimental initiatives undertaken by the social partners in predetermined areas suffering severe socio-economic hardships with a view to revitalising the regions concerned and promoting new employment;

18.   Stresses the important role of SMEs in implementing local employment strategies and believes that large undertakings can, in addition to their important contribution to the economy and the local employment market, make a vital contribution to a local strategy, e.g. by sponsoring other companies;

19.   Believes that local employment structures should become genuine partners in a proactive local strategy by taking part in experiences involving other public administrations, companies or associations and encouraging initiatives taken by the unemployed;

20.   Calls for Internet sites to be set up and operated at local level with a view to matching the demand for jobs with supply in given regions, and for local public bodies on the one hand and workers' trade union and employers' representatives on the other to be involved in that process;

21.   Calls on the Member States to support the development of the third system, in particular by adapting training and consolidating new occupations, as well as through appropriate fiscal and legislative measures such as renewing the legal framework and thereby facilitating the appearance of new forms of entrepreneurship and links between public and private sectors;

22.   Is in favour of experimenting with new financial instruments such as service vouchers, local unit trusts and risk capital for social purposes, and reforming certain public expenditure rules to take account of the real value of services provided by the social economy;

23.   Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States, the social partners and the Committee of the Regions.

(1) OJ L 161, 26.6.1999, p.1.
(2) OJ L 213, 13.8.1999, p. 5.


Marine pollution ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council decision setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (C5-0501/2000 - 1998/0350(COD) )
A5-0336/2000

(Codecision procedure: third reading)

The European Parliament,

-   having regard to the joint text approved by the Conciliation Committee (C5-0501/2000 ),

-   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 769 (2) ),

-   having regard to the amended proposal(COM(1999) 641 (3) ),

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

-   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2000) 475 - C5-0434/2000 ),

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

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

-   having regard to the report of its delegation to the Conciliation Committee (A5-0336/2000 ),

1.   Approves the joint text and confirms its statement thereon;

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

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

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

(1) OJ C 54 , 25.2.2000, p. 82.
(2) OJ C 25, 30.1.1999, p. 20.
(3) OJ C 177, 27.6.2000, p. 31.
(4) Texts Adopted of 13.6.2000, Item 6.


Safety at sea, preventing pollution, and shipboard living conditions (port state control)***I
Text
Resolution
Proposal for a European Parliament and Council directive amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (COM(2000) 142 - C5-0174/2000 - 2000/0065(COD) )
A5-0343/2000

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament
(Amendment 1)
Recital 3
   (3) Some ships pose a manifest risk to maritime safety and the marine environment because of their age , flag and history. They should therefore be refused access to Community ports, unless it can be demonstrated that they can be operated safely in Community waters. Guidelines must be established setting out the procedures applicable in the event of imposition of an access ban and of the lifting of such a ban. The list of ships refused access to Community ports must be published and displayed by the Sirenac information system.
   (3) Some ships pose a manifest risk to maritime safety and the marine environment because of their poor condition , flag and history. They should therefore be refused access to Community ports and territorial waters of the Member States , unless it can be demonstrated that they can be operated safely in Community waters. Guidelines must be established setting out the procedures applicable in the event of imposition of an access ban and of the lifting of such a ban. The list of ships refused access to Community ports and territorial waters of the Member States must be published and displayed by the Sirenac information system.
(Amendment 23)
Recital 3a (new)
(3a) Ships which fly the flag of a state appearing in the very high risk section of the Paris Memorandum of Understanding's black list as published in its annual report pose a particularly high risk to maritime safety and the marine environment. They are likely to be unable to demonstrate that they can operate safely in Community waters and consequently likely to be refused access to Community ports. It is open to the flag states concerned to apply the relevant IMO conventions, protocols, codes and resolutions more rigorously and to ship owners and operators to bring their ships up to the necessary standards.
(Amendment 22)
Recital 10a (new)
(10a) Essential technological progress has been made in the field of on-board equipment which enables voyage data to be recorded (by means of VDR systems or "black boxes') in order to facilitate post-accident investigations. In view of the importance of such equipment in the prevention of accidents at sea, it should be made obligatory for vessels operating domestic and international services within Community waters to be fitted with such equipment.
(Amendment 2)
ARTICLE 1(2a) (new)
Article 4 (Directive 95/21/EC)
2a. Article 4 is replaced by the following:
"Article 4
Inspection body
Member States shall maintain appropriate national maritime administrations with the requisite number of staff and in particular specialist inspectors, hereinafter called 'competent authorities', for the inspection of ships and shall take whatever measures are appropriate to ensure that their competent authorities perform their duties as laid down in this Directive."
(Amendment 3)
ARTICLE 1(5)
Article 7a (1) and (2) (Directive 95/21/EC)
   1. Member States shall ensure that ships older than 15 years classed in one of the categories of Annex V, section A are refused access to all Community ports, except in the situations described in Article 11(6), if these ships:
   1. Member States shall ensure that ships classed in one of the categories of Annex Xa, section A are refused access to all Community ports, except in the situations described in Article 11(6), if these ships:
   - have been detained more than twice in the course of the preceding 24 months in a port of a Member State, and
   - have been detained more than twice in the course of the preceding 24 months in a port of a Member State, o r
   - fly the flag of a state listed in the table (rolling three-year average) of above-average detentions and delays, published in the annual report of the MOU.
   - have flown over the preceding 36 months the flag of a State listed in the table (rolling three-year average) of above-average detentions and delays published in the annual report of the MOU under the heading "black list" (no period before the entry into force of this Directive may be included in the calculation of these 36 months), or
   - are not fitted with a voyage data recorder (VDR) for the purpose of providing information for the benefit of a possible accident investigation. The VDR shall meet the performance standards of IMO Assembly Resolution A.861(20) of 27 November 1997 and comply with the testing standards laid down on International Electrotechnical Commission (IEC) standard No 61996. However, for VDRs to be placed on board vessels built before the entry into force of this Directive, exemption from compliance with some of the requirements may be granted for a period of up to five years.
The refusal of access shall become applicable immediately the ship has been authorised to leave the port where it has been the subject of a third detention.
The refusal of access shall become applicable immediately the ship has been authorised to leave the port where it has been the subject of a third detention.
   2. For the purposes of applying paragraph (1), Member States shall comply with the procedures laid down in Annex V , section D .
   2. For the purposes of applying paragraph (1), Member States shall comply with the procedures laid down in Annex Xa , section B .
(Amendment 4)
ARTICLE 1(10a) (new)
Article 16 (2a) (Directive 95/21/EC)
10a. In Article 16 the following paragraph is added:
"2a. In the case of detention of a vessel for deficiencies or lack of valid certificates as laid down in Article 9 and Annex VI, all costs relating to the detention in port shall be borne by the owner or operator of the ship."
(Amendment 5)
ARTICLE 1(12a) (new)
Article 20(3a) (Directive 95/21/EC)
   12. In Article 20 the following paragraph is added:
"3a.In addition the Commission shall inform the European Parliament on a regular basis of progress in implementing this Directive within the Member States."
(Amendment 24)
ARTICLE 1(17)(-a) (new)
Annex VI (2)(13a) (new) (Directive 1995/21/EC)
(-a) The following is added to item 2:
"13a. provide the maximum amount of information in case of accident. The absence of a VDR will be considered a detainable deficiency."
(Amendment 6)
ARTICLE 1(19)
Annexes (new) (Directive 95/21/EC)
   19. Annexes IX and X are added, the text of which is in Annex IV to this Directive.
   19. Annexes IX, X and Xa are added, the text of which is in Annex IV to this Directive.
(Amendment 8)
ANNEX II
Annex V, section D, (Directive 95/21/EC)
   D. MANDATORY GUIDELINES RELATING TO REFUSAL OF ACCESS TO COMMUNITY PORTS LKJ(as referred to in Article 7a(2))
Deleted
   1. If the conditions described in Article 7a are met, the competent authority of the port in which the ship is detained for the third time must inform the captain and the owner or the operator of the ship in writing of the access refusal order served on the ship.
The competent authority must also inform the flag State administration,the classification society concerned, the other Member States, the European Commission, the Centre Administratif des Affaires Maritimes and the MOU Secretariat.
The access refusal order will take effect as soon as the ship has been authorised to leave the port after remediation of the deficiencies leading to the detention.
   2. The access refusal order may be lifted if the owner or the operator of the ship is able to show to the satisfaction of the competent authority of the port of destination that the ship can be operated without danger to the safety of passengers or crew, or without risk to other ships, or without presenting an unreasonable threat to the marine environment.
   3. To this end, the owner or the operator must address a formal request for the lifting of the access refusal order to the Member State of the Community port of destination. This request must be accompanied by a certificate from the flag State administration or from the classification society acting on its behalf, showing that the ship fully conforms to the applicable provisions of the international conventions and satisfies the conditions mentioned in paragraph 2. The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a certificate from the classification society which has the ship in class showing that the ship conforms to the class standards stipulated by that society.
   4. If the request for a lifting of the access refusal order is presented in accordance with paragraph 3, the Member State of the port of destination must, on the basis of the information provided by the owner or the operator of the ship, authorise the ship to proceed to the port of destination in question, for the sole purpose of verifying that the ship meets the conditions specified in paragraph 2.
On arrival at the port of destination, the ship must be subjected to an expanded inspection the cost of which will be borne by the owner or the operator. The expanded inspection must cover at least the relevant items of Annex V, section C, and the items that were inspected in the course of the last detention in a port of a Member State.
The expanded inspection referred to in the previous subparagraph must be performed by the inspectors of the Member State of the port of destination, assisted by inspectors of a recognised organisation within the meaning of Directive 94/57/EC, who have no commercial interest in the ship inspected.
   5. If the results of the expanded inspection satisfy the Member State in accordance with paragraph 2, the access refusal order must be lifted. The owner or the operator of the ship must be informed thereof in writing.
The competent authority must also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the European Commission, the Centre Administratif des Affaires Maritimes and the MOU Secretariat.
   6. Information relating to ships that have been refused access to Community ports must be made available in the Sirenac system and published in conformity with the provisions of Article 15 and of Annex VIII.
(Amendment 7)
ANNEX IV
Annex Xa (Directive 95/21/EC)
The following Annex Xa is added:
“ANNEX Xa
   A. REFUSAL OF ACCESS TO ALL COMMUNITY PORTS
The following categories of ships shall be refused access to all Community ports under the terms of Article 7a
   1. Gas and chemical tankers
   2. Bulk carriers
   3. Single-hull oil tankers
   4. Passenger ships
   B. MANDATORY GUIDELINES RELATING TO REFUSAL OF ACCESS TO COMMUNITY PORTS (as referred to in Article 7a(2))
   1. If the conditions described in Article 7a are met, the competent authority of the port in which the ship is detained for the third time must inform the captain and either the owner or the operator of the ship in writing of the access refusal order served on the ship.
The competent authority must also inform the flag State administration, the classification society concerned, the other Member States, the Commission, the Centre Administratif des Affaires Maritimes and the MOU Secretariat.
The access refusal order will take effect as soon as the ship has been authorised to leave the port after the deficiencies leading to the detention have been remedied.
   2. The access refusal order may be lifted if the owner or the operator of the ship is able to show to the satisfaction of the competent authority of the port of destination that the ship can be operated without danger to the safety of passengers or crew, or without risk to other ships, or without presenting an unreasonable threat to the marine environment.
   3. To this end, the owner or the operator must address a formal request for the lifting of the access refusal order to the Member State of the Community port of destination. This request must be accompanied by a certificate from the flag State administration or from the classification society acting on its behalf, showing that the ship fully conforms to the applicable provisions of the international conventions and satisfies the conditions mentioned in paragraph 2. The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a certificate from the classification society which has the ship in class showing that the ship conforms to the class standards stipulated by that society.
   4. If the request for a lifting of the access refusal order is presented in accordance with paragraph 3, the Member State of the port of destination must, on the basis of the information provided by the owner or the operator of the ship, authorise the ship to proceed to the port of destination in question, for the sole purpose of verifying that the ship meets the conditions specified in paragraph 2.
On arrival at the port of destination, the ship must be subjected to an expanded inspection the cost of which will be borne by the owner or the operator. The expanded inspection must cover at least the relevant items of Annex V, section C, and the items that were inspected in the course of the last detention in a port of a Member State.
The expanded inspection referred to in the previous subparagraph must be performed by the inspectors of the Member State of the port of destination, assisted by inspectors of a recognised organisation within the meaning of Directive 94/57/EC, who have no commercial interest in the ship inspected.
   5. If the results of the expanded inspection satisfy the Member State in accordance with paragraph 2, the access refusal order must be lifted. The owner or the operator of the ship must be informed thereof in writing.
The competent authority must also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the European Commission, the Centre Administratif des Affaires Maritimes and the MOU Secretariat.
   6. Information relating to ships that have been refused access to Community ports must be made available in the Sirenac system and published in conformity with the provisions of Article 15 and of Annex VIII.”
European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (COM(2000) 142 - C5-0174/2000 - 2000/0065(COD) )
A5-0343/2000

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 142 (2) ),

-   having regard to Article 251(2) of the EC Treaty and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0174/2000 ),

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

-   having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on the Environment, Public Health and Consumer Policy (A5-0343/2000 ),

1.   Approves the Commission proposal as amended;

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

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

(1) OJ C 212 E, 25.7.2000, p. 102.
(2) OJ C 212 E, 25.7.2000, p. 102.


Oil tankers ***I
Text
Resolution
Proposal for a European Parliament and Council regulation on the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers (COM(2000) 142 - C5-0173/2000 - 2000/0067(COD) )
A5-0344/2000

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
(Amendment 1)
Recital 13
   (13) the requirements of Regulation 13G of Annex I of MARPOL 73/78 for existing single hull oil tankers to comply with the double hull or equivalent design standards apply only to crude oil tankers of 20 000 tons deadweight and above and to product carriers of 30 000 tons deadweight and above. The double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 apply to oil tankers of 600 tons deadweight and above delivered after 6 July 1996. This difference in size limits in the scope leaves the category of single hull crude oil tankers delivered before 6 July 1996 and having a deadweight between 600 and 20000 tons deadweight as well as product carriers delivered before 6 July 1996 with a deadweight between 600 and 30000 tons unaffected. In view of the importance of this lower tonnage category of oil tankers for the intra-Community trade similar measures should be adopted to ensure that these tankers will also have to comply with the double hull or equivalent design standards of MARPOL 73/78. For that purpose a phasing-in of the double hull or equivalent design standards of MARPOL 73/78 should be established for this category of single hull oil tankers as a condition for entering into a port or the internal waters of a Member State of the Community;
   (13) the requirements of Regulation 13G of Annex I of MARPOL 73/78 for existing single hull oil tankers to comply with the double hull or equivalent design standards apply only to crude oil tankers of 20 000 tons deadweight and above and to product carriers of 30 000 tons deadweight and above;
(Amendment 2)
Recital 15
   (15) the accelerated phasing in of the double hull or equivalent design requirements for single hull oil tankers should be accompanied by complementary measures aimed at encouraging the trading with double hull or equivalent design oil tankers in advance of the accelerated phasing-in scheme. These complementary measures should consist of providing financial incentives for double hull or equivalent design oil tankers and disincentives for single hull oil tankers operating to or from ports of the Member States in the Community;
Deleted
(Amendment 3)
Recital 16
   (16) these complementary measures should be based upon the principles established in Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers(1 ). These principles foresee the application of reduced port and pilotage dues for the most environmentally friendly oil tankers as opposed to those offering less protection against oil pollution;
_____________
( 1 ) OJ L 319, 12.12.1994, p. 1.
Deleted
(Amendment 4)
Recital 17
   (17) Council Regulation (EC) No 2978/94 does not take into account the higher level of protection against accidental oil pollution offered by double hull or equivalent design oil tankers as compared to single hull oil tankers. Therefore the Regulation does not differentiate between double hull oil tankers and single hull oil tankers fitted with segregated ballast tanks with regard to the reduction of port and pilotage dues;
Deleted
(Amendment 5)
Recital 19
   (19) in view of aiming at promoting the trading to European ports of double hull or equivalent design oil tankers, the financial incentive system of Council Regulation (EC) No 2978/94 should be replaced by a system that during the period of the accelerated phasing-in scheme encourages the operation of oil tankers complying with the double hull or equivalent design requirements and discourages the operation of oil tankers not complying yet with these requirements. For that purpose Council Regulation (EC) No 2978/94 should be repealed;
Deleted
(Amendment 6)
Recital 20
   (20) the financial incentives for oil tankers complying with the double hull or equivalent design standards and financial disincentives for oil tankers not yet complying with these standards should be based upon a combined system providing a reduction of port and pilotage dues for oil tankers complying with the double hull or equivalent design standards and applying a surcharge on the port and pilotage dues for oil tankers not yet complying with these standards;
Deleted
(Amendment 7)
Recital 21
   (21) Port and pilotage dues should be proportionate with the services rendered and be calculated in a non-discriminatory manner;
Deleted
(Amendment 8)
Recital 22
   (22) this combined system of reductions and surcharges on port and pilotage dues should be balanced to avoid loss of revenues for the providers of port and pilotage services and to avoid that such losses would be at the detriment of the quality of these services or need to be compensated by raising port and pilotage dues for ships unconnected with the transport of oil and oil products;
Deleted
(Amendment 9)
Recital 23
   (23) in view of the progressive increase of the number of double hull or equivalent design oil tankers and the decrease of the number of single hull oil tankers over the period of the accelerated phasing in scheme the balance in revenues for port and pilotage service providers should be achieved by making the reduction on port and pilotage dues for double hull or equivalent design oil tankers regressive with their age and the surcharge on port and pilotage dues for single hull oil tankers progressive with the ship's age. This differential charging system should cease to be applied when the replacement of single hull oil tankers by double hull or equivalent design oil tankers has been fully accomplished;
Deleted
(Amendment 10)
Recital 24
   (24) since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision;
   (24) the measures to be taken for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.
(Amendment 11)
Recital 25
   (25) certain provisions of this Regulation containing references to the regulations of the MARPOL 73/78 Convention may be amended by the Commission, assisted by the Committee, to bring them in line with amendments to these regulations adopted or entered into force. Also the percentages of the reductions and surcharges on port and pilotage dues in the Annex may be amended by that Committee to ensure that the revenues for port and pilotage service providers are kept in balance in view of the pace and extent at which single hull oil tankers are replaced by double hull or equivalent design oil tankers during the phasing-in period;
   (25) certain provisions of this Regulation containing references to the regulations of MARPOL 73/78 may be amended by the Commission, assisted by the Committee, to bring them in line with amendments to these regulations adopted or entered into force.
(Amendment 12)
Recital (25a) (new)
(25a) this Regulation reflects the current state of negotiations in the IMO aimed at amending the MARPOL Convention; an amended MARPOL Convention should seek to introduce safe tankers worldwide; should it prove that the amended MARPOL Convention is not forthcoming by the IMO's scheduled deadline of April 2001 or differs from this Regulation in substantial respects, the European Union should take a unilateral decision to proceed with the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers in its waters; in this case, the original Commission proposal(1 ) should constitute the relevant text;
_______________
( 1 ) OJ C 212 E, 25.7.2000, p. 121.
(Amendment 13)
Article 1, indents
   - an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers, and
   - an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers,
   - a system of financial incentives and disincentives, providing for a reduction on port and pilotage dues for oil tankers complying with the double hull or equivalent design standards and a surcharge on these dues for oil tankers not yet complying with these standards.
(Amendment 14)
Article 4(1)
   1. Member States shall not allow single hull oil tankers to enter into their ports or internal waters after the earliest of the dates specified hereafter, unless such tankers comply not later than the earliest of those dates with the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78:
   1. Member States shall not allow single hull oil tankers to enter into their ports or internal waters after the dates specified hereafter, unless such tankers comply with the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78:
   (1) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 23 years or 1 June 2005.
   (1) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1973 or earlier,
   - 2004 for ships delivered in 1974 and 1975,
   - 2005 for ships delivered in 1976 and 1977,
   - 2006 for ships delivered in 1978, 1979 and 1980,
   - 2007 for ships delivered in 1981 or later.
   (2) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 28 years or 1 January 2010.
   (2) for crude oil tankers of 20 000 tons deadweight and above and product carriers of 30 000 tons deadweight and above meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1977 or earlier,
   - 2004 for ships delivered in 1978,
   - 2005 for ships delivered in 1979,
   - 2006 for ships delivered in 1980,
   - 2007 for ships delivered in 1981,
   - 2008 for ships delivered in 1982,
   - 2009 for ships delivered in 1983,
   - 2010 for ships delivered in 1984,
   - 2011 for ships delivered in 1985,
   - 2012 for ships delivered in 1986 and 1987,
   - 2013 for ships delivered in 1988 and 1989
   - 2014 for ships delivered in 1990 and 1991,
   - 2015 for ships delivered in 1992 or later.
   (3) for crude oil tankers of 600 tons deadweight and above but less than 20 000 tons and product carriers of 600 tons deadweight and above but less than 30 000 tons not meeting the requirements for a new oil tanker in Regulations 13,13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 25 years or 1 January 2015.
   (3) for crude oil tankers of 3000 tons deadweight and above but less than 20 000 tons and product carriers of 3000 tons deadweight and above but less than 30 000 tons: by the anniversary date of their year of delivery, within the schedule of corresponding years as specified in the following table:
   - 2003 for ships delivered in 1974 or earlier,
   - 2004 for ships delivered in 1975 and 1976,
   - 2005 for ships delivered in 1977 and 1978,
   - 2006 for ships delivered in 1979 and 1980,
   - 2007 for ships delivered in 1981,
   - 2008 for ships delivered in 1982,
   - 2009 for ships delivered in 1983,
   - 2010 for ships delivered in 1984,
   - 2011 for ships delivered in 1985,
   - 2012 for ships delivered in 1986,
   - 2013 for ships delivered in 1987 and 1988,
   - 2014 for ships delivered in 1989, 1990 and 1991,
   - 2015 for ships delivered in 1992 or later.
   (4) for crude oil tankers of 600 tons deadweight and above but less than 20000 tons and product carriers of 600 tons deadweight and above but less than 30000 tons meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex I of MARPOL 73/78: when they reach the age of 30 years or 1 January 2015.
1a. A Category (1) oil tanker of 25 years or more after its date of delivery shall comply with either of the following provisions:
   (a) it shall have wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of Regulation 13F(4) of Annex I of MARPOL 73/78: or
   (b) it shall operate with hydrostatic balanced loading, taking into account the guidelines developed by the IMO(1).
1b. The Administration may allow continued operation of a Category (1) oil tanker beyond 2005, and a Category (2) oil tanker beyond 2010, in accordance with a special survey regime (as laid down in the Annex).
____________
( 1 ) Refer to requirements for application of hydrostatic balanced loading in cargo tanks adopted by resolution MEPC.64(36)
(Amendment 15
Article 4(2)
   2. Other structural or operational arrangements such as hydrostatically balanced loading as referred to in Regulation 13G(7) of Annex I of MARPOL 73/78 shall not be accepted as alternatives for compliance with the requirements of paragraph 1.
Deleted
(Amendment 16)
Article 5
Article 5
Differential charging of port and pilotage dues for double hull and single hull oil tankers
   1. Member States shall ensure that port and harbour authorities and pilotage authorities, when charging port and pilotage dues to oil tankers, apply a differential charging system to the effect that:
Deleted
   - The fees for double hull oil tankers are at least reduced with the percentages mentioned in the Annex in comparison with the fees applied to single hull oil tankers of the same deadweight having an age of less than 5 years, and
   - The fees for single hull oil tankers are at least increased with the percentages mentioned in the Annex in comparison with the fees applied to single hull oil tankers of the same deadweight having an age of less than 5 years.
   2. Where the fees for port and pilotage dues are charged on another basis than deadweight, Member States shall ensure that the charging system applied by port and harbour authorities and pilotage authorities provides at least the same percentages of reduction in fees for double hull oil tankers and increase in fees for single hull oil tankers as mentioned in paragraph 1.
   3. The differential charging system for port and pilotage dues shall cease to apply on the latest of the dates referred to in Article 4.
(Amendment 17)
Article 7
Article 7
Monitoring and reporting
   1. Member States shall regularly verify that port and harbour authorities and pilotage authorities apply correctly the differential charging system specified in Article 5.
   2. The Member States shall send to the Commission annually a report on the results of this verification, including breaches committed by their port and harbour authorities and pilotage authorities. The report shall be provided at the latest by 30 April of the year following the year upon which it reports.
Deleted
(Amendment 18)
Article 8
   1. The Commission shall be assisted by the committee instituted by Article 12, paragraph 1, of Council Directive 93/75/EEC (1 ).
   1. The Commission shall be assisted by a regulatory committee as referred to in Article 5 of Decision1999/468/EC, having regard to Articles 7 and 8 thereof.
   2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Council Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof.
   2. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
   3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
________________
( 1 ) Council Directive concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247, 5.10.1993, p. 19).
(Amendment 19)
Article 9(2)
   2. The percentages for the reductions and surcharges of the differential charging system for port and pilotage dues in the Annex may be amended in accordance with the procedure laid down in Article 8, to take account of the pace and extent of the replacement of single hull oil tankers by double hull oil tankers during the phasing in period.
Deleted
(Amendment 20)
Annex
Text proposed by the Commission
Differential charging of port and pilotage dues for double hull or equivalent design oil tankers and single hull oil tankers
Minimum percentages of reductions and surcharges
to be applied as referred to in Article 5.

Ship's age

0-5

5-10

10-15

15-20

20-25

>25

Reduction for double hull or equivalent design oil tankers

   -
25%

   -
20%

   -
15%

   -
10%

   -
5%

None

Surcharge for single hull oil tankers

None

+ 10%

+ 15%

+ 20%

+ 25%

+ 30%

Amendment by Parliament
Deleted

(Amendment 21)
Annex (new)
Annex
A . Special survey regime for category (1) tankers (crude oil tankers of 20 000 tons deadweight and above, and product carriers of 30 000 tons deadweight and above, not meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) and for category (2) tankers (crude oil tankers of 20 000 tons deadweight and above, and product carriers of 30 000 tons deadweight and above, meeting the requirements for a new oil tanker in Regulations 13, 13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) as a condition for continuing to operate beyond the year 2005 and the year 2010 respectively.
   1. The special survey must be carried out in conjunction with the last enhanced annual, intermediate or periodical survey preceding the deadline of 1 January 2005 and 1 January 2010 respectively and carried out in accordance with the Condition Assessment Scheme (CAS). Subject to successful conclusion of the special survey, the ship may be allowed continued operation. However, it shall in no case be permitted after 1 January 2007 and 1 January 2015 respectively.
   2. The special survey must be carried out by a classification society other than the organisation recognised by the flag State to carry out the enhanced surveys necessary for the issuance of the ship's statutory certificates. The main objective of the special survey by a classification society other than the organisation recognised by the flag State is to validate the last thickness measurements made by the latter including the verification of the inspection of the outside of the ship's bottom as required under the HSSC (IMO Resolution A. 746(18) Survey Guidelines under the Harmonised System of Survey and Certification) system (dry docking or underwater survey), as well as to calculate again the girder strength on the basis of the thickness measurements obtained.
   3. If the other classification society at the special survey identifies substantial corrosion or structural defects which, in its opinion, may impair the structural integrity of the ship, then corrective action should be completed to the satisfaction of that recognised organisation, before the ship can be given an extension to operate beyond 1 January 2005 and 1 January 2010 respectively, as referred to in paragraph 1. When necessary, the other recognised organisation shall undertake an additional survey to satisfy itself of the completeness and quality of the requested corrective actions. If the other recognised organisation at the special survey identifies minor corrosion or structural defects which, in its opinion, should not impair the structural integrity of the ship, that classification society shall follow up the development of these defects by checking them at annual intervals.
   4. Ships of this category falling within the scope of this Regulation should carry certificates that provide evidence that the special survey(s) have been carried out to the satisfaction of the verifying recognised organisation, including the results of these verifications.
   B. This annex shall be modified in accordance with the procedure in Article 8 to accord with the agreement reached within the IMO.
European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the accelerated phasing-in of double hull or equivalent design standards for single hull oil tankers (COM(2000) 142 - C5-0173/2000 - 2000/0067(COD) )
A5-0344/2000

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 142 (2) ),

-   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0173/2000 ),

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

-   having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy, (A5-0344/2000 ),

1.   Approves the Commission proposal as amended;

2.   Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text, or if the amendment of the MARPOL Convention announced by the IMO for April 2001 should not take place, or departs in essential points from this regulation;

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

(1) OJ C 212 E, 25.7.2000, p. 121.
(2) OJ C 212 E, 25.7.2000, p. 121.


Ship inspection and survey organisations ***I
Text
Resolution
Proposal for a European Parliament and Council directive amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (COM(2000) 142 - C5-0175/2000 - 2000/0066(COD) )
A5-0342/2000

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
(Amendment 1)
Recital 12
   (12) Similarly, the continuous ex post monitoring of the recognised organisations to assess their compliance with the provisions of Directive 94/57/EC can be carried out more effectively in a harmonised and centralised manner. Therefore it is appropriate that the Commission, together with the Member State proposing the recognition, be entrusted with this task on behalf of the whole Community .
   (12) Similarly, the continuous ex post monitoring of the recognised organisations to assess their compliance with the provisions of Directive 94/57/EC can be carried out more effectively in a harmonised and centralised manner. Therefore it is appropriate that the Commission, together with the Member State proposing the recognition, be entrusted with this task on behalf of the whole Union .
(Amendment 2)
Recital 18
   (18) Since transparency and exchange of information between interested parties is a fundamental tool to prevent accidents at sea, the recognised organisations shall provide all relevant information concerning the conditions of the ships in their class to the Port State Control authorities.
   (18) Since transparency and exchange of information between interested parties, as well as the public's right of access to information, are a fundamental tool to prevent accidents at sea, the classification societies should provide all relevant information concerning the conditions of the ships in their class to the authorities responsible for port control and make it available to the general public.
(Amendment 3)
Recital 20
   (20) The qualitative criteria to be met by the technical organisations in order to be recognised at Community level and to maintain such a recognition shall include provisions to ensure that only exclusive surveyors can carry out the statutory tasks for which the organisation is authorised . The organisation must have a tight control on all its personnel and offices, including the regional ones and it must establish its own safety and pollution prevention performance targets and indicators. The organisation must put in place a system to measure the quality of its services. Directive 94/57/EC should be amended accordingly.
   (20) The qualitative criteria to be met by the technical organisations in order to be recognised at Community level and to maintain that status should include provisions to ensure that only exclusive surveyors can carry out the statutory inspection and survey tasks related to the issuing of safety certificates. The organisation should have a tight control on all its personnel and offices, including all branches and offices within and outside the Community, and it should establish its own safety and pollution prevention performance targets and indicators. The organisation should put in place a system to measure the quality of its services. Directive 94/57/EC should be amended accordingly.
(Amendment 4 )
Recital 20a (new)
(20a) A classification society should not be engaged if it is to any degree identical with or has business, personal or family links to the shipowner or operator. This incompatibility should also apply to surveyors engaged by classification societies.
(Amendment 5)
Recital 20b (new)
(20b) Nothing in this Directive should be construed as derogating from the absolute and non-delegable duty of a ship owner to maintain and operate seaworthy vessels.
(Amendment 6)
ARTICLE 1(1)
Article 2 (Directive 94/57/EC)
   1. Article 2 shall be amended as follows:
   1. Article 2 shall be amended as follows:
   (a) in point (b), the words "including ships registered in Euros once that register is approved by the Council" shall be deleted;
   (a) in point (b), the words 'including ships registered in Euros once that register is approved by the Council' shall be deleted;
   (aa) in point (c), the words "made mandatory by" shall be replaced by "that it is mandatory to carry out under";
   (b) in point (d), the words "in force at the date of adoption of this Directive" shall be replaced by "in force on 1st July 2000 ".
   (b) in point (d), the words "in force at the date of adoption of this Directive" shall be replaced by "in force on the date this Directive was last amended' .
   (ba) in point (i), the words "in accordance with its rules and regulations" shall be replaced by "in accordance with the rules and regulations laid down and agreed publicly by that society";
   (bb) in point (j), the words "and includes, during a transitional period ending on 1 February 1999, the Cargo Ship Safety Radio Telegraphy Certificate and the Cargo Ship Safety Radio Telephony Certificate" shall be deleted.
(Amendment 7)
ARTICLE 1(2)
Article 3 (Directive 94/57/EC)
   2. Article 3, paragraph 1 shall be amended as follows:
   2. Article 3 shall be amended as follows:
The following sentence shall be added at the end of the paragraph: "Member States shall act in accordance with the provisions of the Annex and the Appendix to IMO Resolution A.847 (20) on Guidelines to assist Flag States in the implementation of IMO instruments".
   (a) the following sentence shall be added at the end of paragraph 1 : "Member States shall act in accordance with the relevant provisions of the Annex and the Appendix to IMO Resolution A.847 (20) on Guidelines to assist Flag States in the implementation of IMO instruments".
   (b) paragraph 2 shall be amended as follows:
   - point (i) shall be replaced by the following:
"(i) to delegate to organisations so that, acting on behalf of the maritime administration, they may undertake fully or in part official inspections and surveys related to certificates, including those for the assessment of compliance with Article 14 and, where appropriate, issue or renew the related certificates, or"
   - in point (ii), the words "rely upon" shall be replaced by "delegate".
(Amendments 8, 23 and 24)
ARTICLE 1(3)
Article 4 (Directive 94/57/EC)
   3. Article 4 shall be replaced by the following:
"1.Member States may submit to the Commission a request for a recognition for organisations which fulfil the criteria set out in the Annex and the provisions of Article 14, paragraphs 2, 4 and 5. Member States shall submit to the Commission complete information concerning, and evidence of, compliance with such requirements. The Commission shall carry out an inspection of the organisations for which the request of recognition was received in order to verify that the organisations meet the above mentioned requirements. A decision on the recognition shall take into account the safety and pollution prevention performance records of the organisation, referred to in Article 9. The recognition shall be granted by the Commission in accordance with the procedure referred to in Article 7.
   3. Article 4 shall be replaced by the following:
"1.Member States which wish to grant an authorisation to any organisation which is not yet recognised shall submit a request for recognition to the Commission together with complete information on, and evidence of, compliance with the criteria set out in the Annex and information on the requirement and undertaking that they will comply with the provisions of Article 14, paragraphs 2, 4 and 5. The Commission, together with the respective Member States submitting the request, shall carry out assessments of the organisations for which the request for recognition was received in order to verify that the organisations meet, and undertake to meet, the above mentioned requirements. A decision on the recognition shall take into account the safety and pollution prevention performance records of the organisation, referred to in Article 9. The recognition shall be granted by the Commission in accordance with the procedure referred to in Article 7.
   2. Member States may submit to the Commission a request for a limited recognition of three years for organisations which meet all the criteria of the Annex other than those set out under paragraph 2 and 3 of the section "General" of the Annex . The same procedure referred to in paragraph 1 will apply with the exception that the criteria of the Annex for which compliance has to be assessed during the inspection carried out by the Commission are all the criteria other than those set out under paragraphs 2 and 3 of the section "General' . The effects of this recognition shall be limited to the Member States which have submitted a request for such recognition.
   2. Member States may submit to the Commission special requests for a limited recognition of three years for organisations which meet all the criteria of the Annex other than those set out under paragraph 2 and 3 of section "A. General minimum criteria' . The same procedure referred to in paragraph 1 will apply to these special requests with the exception that the criteria of the Annex for which compliance has to be assessed during the assessment carried out by the Commission, together with the Member State, shall be all the criteria other than those set out under paragraphs 2 and 3 of section "A. General minimum criteria' . The effects of these limited recognitions shall be limited exclusively to the Member State or States which have submitted a request for such recognition.
   3. All the organisations which are granted recognition shall be closely monitored by the committee set up under Article 7, also in view of deciding about extension of the limited recognition of organisations referred to in paragraph 2. A decision on the extension of such recognition shall not take into account the criteria set out under paragraphs 2 and 3 of the section "General' of the Annex while it shall take into account the safety and pollution prevention performance records of the organisation, referred to in article 9. The decision on the extension of the limited recognition shall specify under which conditions such extension is granted, particularly in respect of the limitation of the effects of the recognition provided for in paragraph 2 .
   3. All the organisations which are granted recognition shall be closely monitored by the committee set up under Article 7, particularly those referred to in paragraph 2 above with a view to possible decisions concerning whether or not to extend the limited recognition . With regard to these latter organisations , a decision on the extension of such recognition shall not take into account the criteria set out under paragraphs 2 and 3 of the section "A. General minimum criteria' of the Annex while it shall take into account the safety and pollution prevention performance records of the organisation, referred to in article 9(2). Any decision on the extension of the limited recognition shall specify under which conditions, if any, such extension is granted.
3a. The Commission shall thoroughly scrutinise the classification society concerned in every case where the accident rate recorded by ships classed by that society is excessively high and shall thereafter withdraw recognition of the society if corrective measures are not taken.
3b. The Commission shall lay down stringent rules and ship maintenance inspection procedures with a view to compelling all the participants concerned to assume their responsibilities.
   4. The Commission shall draw up and update a list of the organisations recognised in compliance with paragraphs 1, 2 and 3. The list shall be published in the Official Journal of the European Communities.
   4. The Commission shall draw up and update a list of the organisations recognised in compliance with paragraphs 1, 2 and 3. The list shall be published in the Official Journal of the European Communities.
   5. The organisations which, at the date of the entry into force of this Directive, are already recognised on the basis of Council Directive 94/57/EC continue to be recognised. Their compliance with the new provisions laid down in this Directive shall be assessed during the first inspections referred to in Article 11."
   5. The organisations which, at the date of the entry into force of this Directive, are already recognised on the basis of Directive 94/57/EC shall continue to be recognised. Nevertheless, the latter organisations shall be required to comply with the new provisions laid down in this Directive and their compliance shall be assessed during the first assessments referred to in Article 11."
(Amendment 9)
ARTICLE 1(4)
Article 5 (Directive 94/57/EC)
   4. Article 5 shall be amended as follows: .
   4. Article 5 shall be amended as follows:
   (a) In paragraph 1, the reference to "Article 3(2)(i)" shall be replaced by "Article 3(2)" and the words "located in the Community" shall be deleted.
   (a) In paragraph 1, the reference to "Article 3(2)(i)" shall be replaced by "Article 3(2)", the words "authorise" and "authorisation" shall be replaced by "accredit" and "accreditation' and the words "located in the Community" shall be deleted.
   (b) Paragraph 2 shall be deleted.
   (b) Paragraph 2 shall be deleted.
   (c) Paragraph 3 shall become paragraph 2, the words "reciprocal recognition" shall be replaced by "reciprocal treatment" and the following sentence shall be added at the end of the paragraph: "In addition, the European Community may request that the third State where a recognised organisation is located grant a reciprocal treatment for those recognised organisations which are located in the Community".
   (c) Paragraph 3 shall become paragraph 2, and shall read as follows:
"In order to authorise a recognised organisation located in a third country to carry out the duties mentioned in Article 3 or part of them, a Member State may request that the third country in question grant reciprocal treatment for those recognised organisations which are located in the Community. In addition, the European Community may request that the third State where a recognised organisation is located grant a reciprocal treatment for those recognised organisations which are located in the Community".
(Amendment 10)
ARTICLE 1(5)(a)
Article 6(2)(i), (ii) and (iii) (Directive 94/57/EC)
   (i) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for loss or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to indemnification from the recognised organisation to the extent said loss, damage, injury or death is, as decided by that court, caused by the recognised organisation;
   (i) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration, together with a requirement to compensate the injured parties for loss or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to financial compensation from the recognised organisation to the extent said loss, damage, injury or death is, as decided by that court, caused by the recognised organisation;
   (ii) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to indemnification from the recognised organisation, to the extent said personal injury or death is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of EUR 5 million;
   (ii) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to financial compensation from the recognised organisation, to the extent said personal injury or death is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of € 5 million. This amount shall be reviewed by the Council and the European Parliament at the latest three years after the adoption of the Directive, on the basis of a report by the Commission in the light of the experience gained by Member States and the Commission on the implementation of the Directive and future Community legislation on the liability of the maritime players. The report shall indicate whether appropriate proposals are necessary;
   (iii) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for loss or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to indemnification from the recognised organisation, to the extent said loss or damage is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of EUR 2.5 million;
   (iii) if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration, together with a requirement to compensate the injured parties for loss or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to financial compensation from the recognised organisation, to the extent said loss or damage is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of EUR 2.5 million. This amount shall be reviewed by the Council and the European Parliament at the latest three years after the adoption of the Directive, on the basis of a report by the Commission in the light of the experience gained by Member States and the Commission on the implementation of the Directive and future Community legislation on the liability of the maritime players. The report shall indicate whether appropriate proposals are necessary;
(Amendment 11)
ARTICLE 1(6)
Article 7, fourth paragraph (Directive 94/57/EC)
This committee shall be convened by the Commission at least once a year and whenever required in the case of suspension of authorisation of an organisation by a Member State or in the case of suspension of recognition by the Commission under the provisions of Article 10. The Committee shall draw up its rules of procedure."
This committee shall be convened by the Commission at least once a year and whenever required in the case of suspension of authorisation of an organisation by a Member State or in the case of suspension of recognition by the Commission under the provisions of Article 10, and when a decision is to be taken on extending the limited recognitions as provided for in Article 4(2). The Committee shall draw up its rules of procedure and, with a view to improving transparency, shall consult annually with the parties concerned with regard to the means of performance measurement required by Article 9 .
(Amendment 12)
ARTICLE 1(7), second subparagraph (new)
Article 8(1) (Directive 94/57/EC)
A new third indent shall be added:
"- revise the amounts specified in points (ii) and (iii) of the second indent of Article 6(2)"
(Amendment 13)
ARTICLE 1(10)
Article 11 (Directive 94/57/EC)
   10. Article 11 shall be amended as follows:
   (a) In paragraph 1, the following text shall be deleted: "and that such organisations fulfil the criteria specified in the Annex. It may do so by having the recognised organisations directly monitored by its competent administration or, in the case of organisations located in another Member State, by relying upon the corresponding monitoring of such organisations by the administration of another Member State."
   10. Article 11 shall be amended as follows:
   (a) In paragraph 1, the following text shall be deleted: "and that such organisations fulfil the criteria specified in the Annex. It may do so by having the recognised organisations directly monitored by its competent administration or, in the case of organisations located in another Member State, by relying upon the corresponding monitoring of such organisations by the administration of another Member State."
   (b) In paragraph 2, the words "Each Member State shall carry out this task on a biennial basis" shall be replaced by "Each Member State shall carry out this task at least on a biennial basis".
   (b) Paragraph 2 shall be deleted.
   (c) Paragraphs 3 and 4 shall be deleted.
   (c) Paragraphs 3 and 4 shall be deleted.
   (d) A new paragraph 3 shall be inserted as follows:
"3. All the recognised organisations shall be inspected by the Commission, together with the Member State which submitted the relevant request for recognition, on a regular basis and at least every three years to verify that they fulfil the criteria of the Annex. In selecting the organisations for inspection, the Commission shall pay particular attention to the safety and pollution prevention performance records of the organisation, to the casualty records and to the reports produced by Member States as per Article 12. The inspection may include a visit to regional branches of the organisation as well as random and detailed inspection of ships. The Commission shall provide the Member States with a report of the results of the inspection."
   (d) A new paragraph 1a shall be inserted as follows:
"1a . All the recognised organisations shall be inspected by the Commission, together with the Member State which submitted the relevant request for recognition and States which have granted them any form of authorisation , on a regular basis and at least every two years to verify that they fulfil the criteria of the Annex. In selecting the organisations for inspection, the Commission shall pay particular attention to the safety and pollution prevention performance records of the organisation, to the casualty records and to the reports produced by Member States as per Article 12. The inspection may include a visit to regional branches of the organisation as well as random and detailed inspection of ships. The Commission shall provide the Member States with a report of the results of the inspection."
   (da) A new paragraph 1b shall be inserted as follows:
"1b. Each recognised organisation shall make available the results of its Quality System Management Review to the Committee set up under Article 7, on an annual basis."
(Amendment 14)
ARTICLE 1(11)
Article 12 (Directive 94/57/EC)
   11. Article 12 shall be replaced by the following:
   11. Article 12 shall be replaced by the following:
"In exercising their inspection rights and obligations as port states Member States shall report to the Commission and to other Member States the discovery of issue of valid certificates by organisations acting on behalf of a flag State to a ship which does not fulfil the relevant requirements of the international conventions, or any failure of a ship carrying a valid class certificate and relating to items covered by that certificate. Only cases of ships representing a serious threat to safety and environment or proving a particularly negligent behaviour of the organisations shall be reported for the purposes of this Article."
"In exercising their inspection rights and obligations as port states Member States shall report to the Commission and to other Member States the discovery of issue of valid certificates by organisations acting on behalf of a flag State to a ship which does not fulfil the relevant requirements of the international conventions, or any failure of a ship carrying a valid class certificate and relating to items covered by that certificate. Only cases of ships representing a serious threat to safety and environment or proving a particularly negligent behaviour of the organisations shall be reported for the purposes of this Article. The recognised organisation concerned shall be advised of the case at the time of the initial inspection so that it can take appropriate follow-up action immediately."
(Amendment 15)
ARTICLE 1(13a) (new)
Article 13 (ex 14) (Directive 94/57/EC)
13a. At the end of paragraph 2 of Article 13 (formerly 14), the reference to "Article 13" shall be replaced by "Article 7" .
(Amendment 16)
ARTICLE 1(14)
Article 14 (ex 15) (Directive 94/57/EC)
   14. Article 14, paragraphs 3 and 4, shall be replaced by the following:
   14. Article 14 shall be replaced by the following:
"1.The recognised organisations shall consult with each other periodically with a view to maintaining equivalence of their technical standards and the implementation thereof in accordance with the provisions of IMO Resolution A.847(20) "Guidelines to assist flag states in the implementation of IMO instruments". They shall provide the Commission with periodic reports on fundamental progress in standards.
   2. The recognised organisations shall demonstrate willingness to cooperate with port State control administrations when a ship of their class is concerned, in particular, in order to facilitate the rectification of reported deficiencies or other discrepancies.
"3. The recognised organisations shall provide all relevant information to the administration and to the Commission about their classed fleet, changes, suspensions and withdrawals of class, irrespective of the flag the vessels fly. Information on changes, suspensions, and withdrawals of class, including information on all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against their classed vessels - irrespective of the flag the vessels fly - shall also be communicated to the Sirenac information system for Port State Control inspections.
   3. The recognised organisations shall provide all relevant information to the administration, to all Member States which have granted any of the authorisations provided for in Article 3 and to the Commission about their classed fleet, changes, suspensions and withdrawals of class, irrespective of the flag the vessels fly. Information on changes, suspensions, and withdrawals of class, including information on all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against their classed vessels - irrespective of the flag the vessels fly - shall also be communicated to the Sirenac information system for Port State Control inspections and shall be published on the websites of these organisations .
   4. The recognised organisations shall not issue certificates to a ship, irrespective of its flag, declassed or changing class for safety reasons before informing the competent administration of the flag State to determine whether a full inspection is necessary."
   4. The recognised organisations shall not issue certificates to a ship, irrespective of its flag, declassed or changing class for safety reasons before giving an opportunity to the competent administration of the flag State to express its opinion within a time-limit of 24 hours in order to determine whether a full inspection is necessary.
The following paragraph 5 shall be added:
"5. In cases of transfer of class from one recognised organisation to another, the losing organisation shall inform the gaining organisation of all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against the vessel. On transfer, the losing organisation shall provide the gaining organisation with the complete history file of the vessel. The certificates of the ship can be issued by the gaining organisation only after all overdue surveys have been satisfactorily completed and all overdue recommendations or conditions of class previously issued against the vessel have been completed as specified by the losing organisation. Prior to the issuance of the certificates, the gaining organisation must advise the losing organisation of the date of issuing of the certificates and confirm the date, location and action taken to satisfy each overdue survey, overdue recommendation and overdue condition of class. The recognised organisations shall co-operate with each other to properly implement the provisions of this paragraph."
   5. In cases of transfer of class from one recognised organisation to another, the losing organisation shall inform the gaining organisation of all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against the vessel. On transfer, the losing organisation shall provide the gaining organisation with the complete history file of the vessel. The certificates of the ship can be issued by the gaining organisation only after all overdue surveys have been satisfactorily completed and all overdue recommendations or conditions of class previously issued against the vessel have been completed as specified by the losing organisation. Prior to the issuance of the certificates, the gaining organisation must advise the losing organisation of the date of issuing of the certificates and confirm the date, location and action taken to satisfy each overdue survey, overdue recommendation and overdue condition of class. The recognised organisations shall co-operate with each other to properly implement the provisions of this paragraph."
(Amendment 17)
ARTICLE 1(15)
Article 15 (ex 16) (Directive 94/57/EC)
   15. Article 15, paragraph 3, shall be replaced by the following:
   15. Article 15 shall be replaced by the following:
"1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this directive within 12 months of the date of its adoption. They shall immediately inform the Commission thereof.
   2. When Member States adopt these provisions, 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 a reference shall be laid down by the Member States.
"3.The Member States shall immediately communicate to the Commission and to the other Member States the text of all the provisions of domestic law which they adopt in the field governed by this Directive."
   3. The Member States shall immediately communicate to the Commission and to the other Member States the text of all the provisions of domestic law which they adopt in the field governed by this Directive.
3a. In addition, the Commission shall inform the European Parliament, on a regular basis, on progress in the implementation of the Directive within the Member States."
(Amendment 18)
ARTICLE 1(16)
Annex (Directive 94/57/EC)
The Annex to the Directive shall be amended as follows:
The Annex to the Directive shall be amended as follows:
Section 'A. GENERAL' shall become 'A. General minimum criteria' and section 'B. SPECIFIC' shall become 'B. Specific minimum criteria'.
   (a) The word "should" shall be replaced by the word "must" in paragraph 2 of Section "A. GENERAL ".
   (a) The word "should" shall be replaced by the word "must" in paragraph 2 of Section "A. General minimum criteria ".
   (b) The words "would be" shall be replaced by the word "are" in the second sentence of paragraph 3 of Section "A. GENERAL ".
   (b) The words "would be" shall be replaced by the word "are" in the second sentence of paragraph 3 of Section "A. General minimum criteria ".
   (c) The word "should" shall be replaced by the word "must" in paragraph 4 of Section "A. GENERAL ".
   (c) The word "should" shall be replaced by the word "must" in paragraph 4 of Section "A. General minimum criteria ".
   (d) The word "should" shall be replaced by the word "must" in paragraph 5 of Section "A. GENERAL ". The following words shall be added at the end of the paragraph: "or maintained in an electronic data base accessible to interested parties ".
   (d) The word "should" shall be replaced by the word "must" in paragraph 5 of Section "A. General minimum criteria ". The following words shall be added at the end of the paragraph: "or maintained in an electronic data base accessible to the public ".
   (e) The word "should" shall be replaced by the word "must" both in the first and in the second sentence of paragraph 6 of Section "A. GENERAL ".
   (e) The word "should" shall be replaced by the word "must" both in the first and in the second sentence of paragraph 6 of Section "A. General minimum criteria ".
   (f) The word "should" shall be replaced by the word "must" in paragraph 7 of Section "A. GENERAL ".
   (f) The word "should" shall be replaced by the word "must" in paragraph 7 of Section "A. General minimum criteria ".
   (g) The following words shall be added at the end of paragraph 4 of Section "B. SPECIFIC ": "and to the Commission".
   (g) The following words shall be added at the end of paragraph 4 of Section "B. Specific minimum criteria' : "and to the Commission and interested parties ".
   (h) The following words shall be added at the end of paragraph 5 of Section "B. SPECIFIC ": "The organisation's policy must refer to safety and pollution prevention performance targets and indicators".
   (h) The following words shall be added at the end of paragraph 5 of Section "B. Specific minimum criteria' : "The organisation's policy must refer to those safety and pollution prevention performance targets and indicators which are under the direct control of the organisation.
   (i) The following words shall be added at the end of paragraph 6(b) of Section "B. SPECIFIC ": "and an internal system to measure the quality of service in relation to these rules and regulations is put in place".
   (i) The following words shall be added at the end of paragraph 6(b) of Section "B. Specific minimum criteria' : "and an internal system to measure the quality of service in relation to these rules and regulations is put in place".
   (j) The following words shall be added at the end of paragraph 6(c) of Section "B. SPECIFIC ": "and an internal system to measure the quality of service in relation to the compliance with the international conventions is put in place".
   (j) The following words shall be added at the end of paragraph 6 (c) of Section "B. Specific minimum criteria' : "and an internal system to measure the quality of service in relation to the compliance with the international conventions is put in place".
   (k) Paragraph 6(g) of Section "B. SPECIFIC " shall be replaced by the following:
   (k) Paragraph 6(g) of Section "B. Specific minimum criteria' shall be replaced by the following:
"(g) the requirements of the statutory work for which the organisation is authorised are only carried out by its exclusive surveyors or by exclusive surveyors of other recognised organisations; in all cases, the exclusive surveyors must have an extensive knowledge of the particular type of ship on which they carry out the statutory work and of the relevant applicable requirements;".
"(g) the requirements of the statutory work for which the organisation is authorised are only carried out by its exclusive surveyors or by exclusive surveyors of other recognised organisations; in all cases, the exclusive surveyors must have an extensive knowledge of the type of ship on which they carry out the statutory work, relevant to the particular survey to be carried out, and of the relevant applicable requirements."
   (l) The word "and" at the end of paragraph 6 (I) of Section "B. SPECIFIC' shall be deleted.
   (l) The word "and" at the end of paragraph 6 (i) of Section "B. Specific minimum criteria' shall be deleted.
   (m) Paragraph 6 (j) of Section "B. SPECIFIC " shall be replaced by the following:
   (m) Paragraph 6 (j) of Section "B. Specific minimum criteria' shall be replaced by the following:
"(j) a comprehensive system of planned and documented internal audits of the quality related activities is maintained in all locations".
"(j)a comprehensive system of planned and documented internal audits of the quality related activities is maintained in all locations".
   (n) The following two paragraphs shall be added to paragraph 6 of Section "B. SPECIFIC ":
   (n) The following two paragraphs shall be added to paragraph 6 of Section "B. Specific minimum criteria' :
"(k) the statutory surveys and inspections required by the Harmonised System of Survey and Certification for which the organisation is authorised are carried out in accordance with the provision set out in the Annex and Appendix to IMO Resolution A.746 (18) on Survey Guidelines under the Harmonised System of Survey and Certification;
"(k)the statutory surveys and inspections required by the Harmonised System of Survey and Certification for which the organisation is authorised are carried out in accordance with the provision set out in the Annex and Appendix to IMO Resolution A.746 (18) on Survey Guidelines under the Harmonised System of Survey and Certification;
   (l) clear and direct lines of responsibility and control are established between the central and the regional offices of the society."
   (l) clear and direct lines of responsibility and control are established between the central and the regional offices of the society and between the classification societies and their surveyors ."
   (o) Paragraph 7 (b) of Section "B. SPECIFIC " shall be replaced by the following:
   (o) Paragraph 7 (b) of Section "B. Specific minimum criteria' shall be replaced by the following:
"(b) to carry out all inspections and surveys required by the international conventions for the issue of certificates, including the means of assessing - through the use of qualified professional staff and in accordance with the provisions set out in the Annex to "IMO Resolution A.788 (19) on guidelines on implementation of the International Safety Management (ISM) Code by administrations" - the application and maintenance of the safety management system, both shore-based and on board ships, intended to be covered in the certification."
"(b)to carry out all inspections and surveys required by the international conventions for the issue of certificates, including the necessary means of assessing - through the use of qualified professional staff and in accordance with the provisions set out in the Annex to "IMO Resolution A.788 (19) on guidelines on implementation of the International Safety Management (ISM) Code by administrations" - the application and maintenance of the safety management system, both shore-based and on board ships, intended to be covered in the certification."
   (oa) At the end of paragraph 8 of Section "B. Specific minimum criteria", the following words shall be added: 'if its main office is not located in the Union, it shall be subject to certification by the Member State in which it has its main branch or regional office or, failing that, by the Member State which first requested its recognition and granted it any of the authorisations provided for in Article 3."
   (p) The word "should" shall be replaced by the word "must" in paragraph 9 of Section "B. SPECIFIC ".
   (p) The word "should" shall be replaced by the word "must" in paragraph 9 of Section "B. Specific minimum criteria ".
   (pa) A paragraph 9a shall be added to Section B:
"9a. A classification society may not be engaged if it is to any degree identical with or has business, personal or family links to the shipowner or operator. This incompatibility shall also apply to surveyors employed by classification societies. This incompatibility shall be regulated in the general terms contained in the administrative law of the Member States."
European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (COM(2000) 142 - C5-0175/2000 - 2000/0066(COD) )
A5-0342/2000

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 142 (2) ),

-   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0175/2000 ),

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

-   having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on the Environment, Public Health and Consumer Policy (A5-0342/2000 ),

1.   Approves the Commission proposal as amended;

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

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

(1) OJ C 212 E, 25.07.2000, p.114.
(2) OJ C 212 E, 25.7.2000, p. 114.


Preparation of Nice European Council
European Parliament resolution on the preparation of the 7-9 December 2000 Nice European Council , including the common commercial policy (Article 133 of the EC Treaty)
B5-0884 , 0886 , 0890 and 0891/2000

The European Parliament,

-   having regard to the Council and Commission statements on the preparation of the 7-9 December 2000 Nice European Council,

-   having regard to its resolutions of 16 March 2000(1) and 3 October 2000(2) on the drawing up of a Charter of Fundamental Rights of the European Union,

-   having regard to its resolution of 13 April 2000(3) containing its proposals concerning the IGC,

-   having regard to its resolutions of 30 November 2000 on progress in implementing the CFSP(4) and on the Common European Security and Defence Policy after Cologne and Helsinki(5) ,

A.   reiterating its proposal that the EU institutions, the Member States and the candidate countries with which negotiations have been started should do everything in their power to ensure that Parliament can give its assent to the first accession treaties before the European elections in 2004, in order that these countries may have the prospect of participating in those elections, and to the subsequent treaties during the course of the next parliamentary term,

B.   whereas the Treaty of Nice will be assessed on:

   -
how it facilitates the accession of new Member States by contributing to the Union's efficiency and effectiveness,
   -
how successful it is in bringing Europe closer to the citizen,

1.   Expresses its deep concern at the current state of the IGC negotiations; appeals to the Heads of State or Government, recalling the inescapable necessity to reach an agreement at Nice which - in the context of the major historical challenge of enlargement - is capable of ensuring that the democratic legitimacy and efficiency of the Union are enhanced;

Rendering the Union more democratic and efficient

2.   Recalls that a general extension of qualified majority voting in the Council is essential, although it should not apply to constitutional issues; calls, failing agreement on the immediate introduction of qualified majority voting in the most controversial fields, for deadlines to be laid down in the Treaty;

3.   Reaffirms its attachment to the fundamental democratic principle of extending the codecision procedure to all fields where the qualified majority voting rule is to apply in future or already applies; stresses that the possible abolition of the cooperation procedure, which is still in force for Economic and Monetary Union, must not diminish the role of the European Parliament, as Articles 99(5) and 103(2) of the EC Treaty must be subject to the codecision procedure; recalls that its assent to appointments must be required;

4.   Considers:

   -
that the composition and functioning of Parliament, the Council and the Commission should be governed by an overall agreement - based on the principle of the twofold legitimacy of the Union - which can ensure balance between the institutions and democratic and effective decision-making,
   -
that the role of the Commission as the driving force behind integration should be maintained and enhanced and that the powers of its President must be strengthened; at all events, the Commission President's power to dismiss an individual Commissioner should be acknowledged in the Treaty;
   -
that, as regards the Parliament, a definitive breakdown for EU-27 should be agreed now to apply as of the 2009 Parliament; that a first step accommodation must be made for the 2004-2009 Parliament in order to provide some space for new countries coming in before and during the lifetime of that Parliament, accepting the possibility of a temporary but small excess above the 700 limit during the last few years of it; emphasises that the method for allocating seats within Parliament must allow the peoples of the European Union to be fairly represented, even after enlargement;

5.   As regards enhanced cooperation, considers it essential - in order to ensure democratic control - to include in the authorisation procedure for any enhanced cooperation a requirement to obtain Parliament's assent, to enhance the role of the Commission, to abolish referral to the European Council and to set the condition that at least one-third of Member States must participate;

6.   Hopes that agreement can be reached regarding changes to and the adaptation of Article 7 of the Amsterdam Treaty, with a view to establishing a detection and warning system which would come into operation if any of the Member States showed signs of contravening the basic principles upon which the Union is founded, and insists that Parliament, too, should have the right of initiative;

7.   Reaffirms its insistence on greater democratic accountability in the EU's trade policy-making, and therefore calls on the IGC to consider seriously Parliament's proposals concerning external negotiating competence in the field of trade in services, intellectual property and investment; Parliament's assent to important international trade agreements; qualified majority voting on Article 133(5); codecision on internal legislation implementing the common commercial policy, and the provision of regular information to Parliament on international trade negotiations;

Bringing the Union closer to its citizens

8.   Calls on the European Council to incorporate in Article 151 of the Treaty an explicit reference to sport and recognition of its specific character, in such a way that, through its action, the European Union can recognise the specific role of sport as a cultural and economic phenomenon and a force for social integration;

9.   Calls for the Charter of Fundamental Rights to be incorporated in the Treaty in order to give fundamental rights pride of place in the Community's legal order; calls on the European Council, if Member States fail to reach agreement at Nice on incorporating it, to refer to the Charter in Article 6(2) of the Treaty on European Union; considers that, in future, any possible amendment of the Charter should be adopted by means of a procedure based on the Convention model; urges a strengthening of the relations between the Union and the Council of Europe and their respective Courts by granting the European Union specific authority to sign up to the existing European Convention on Human Rights;

10.   Considers that a satisfactory conclusion of the IGC must be accompanied by a commitment to encourage broad public debate on the future of Europe and to launching a process aimed at expressing in a clear Constitution the founding principles, the balance among institutions, the competences and the simplification of the European Union, as well as, if still necessary, the integration of the Charter of Fundamental Rights; such Constitution should be prepared by a Convention similar to the one that elaborated the Fundamental Rights Charter and working according to a precise timetable; the paper on governance to be submitted by the Commission should also be a part of those discussions;

Enlargement

11.   Supports the Commission's enlargement strategy aimed at completing negotiations by 2002 with the most advanced countries and calls on the Council and the candidate countries to ensure the feasibility of the envisaged scenario;

Security and Defence

12.   Strongly supports the evolution of a common European security and defence policy (CESDP) that will increase the Union's free-standing capacity to act for peaceable and humanitarian objectives in a wide sphere of operations; hopes that the current negotiations between the Member States achieve credible and practical innovation;

13.   Calls, therefore, on the forthcoming European Council to take the political and institutional decisions required to make the CESDP fully operational in 2003 by setting up the definitive CESDP bodies (Political and Security Committee (COPS), Military Committee and Military Staff), by establishing a Council of Ministers of Defence and by devoting the same effort to achieving the goals they have set regarding civilian crisis-management, in particular by establishing a rapidly deployable European police force;

Foreign affairs

14.   Deeply regrets the fact that such a large number of people on both sides, the majority of them Palestinians, have lost their lives as a result of the crisis in the Middle East, and expresses its condolences to and its solidarity with the families of all the victims;

15.   Welcomes the Declaration by the General Affairs Council of 20 November 2000 and calls on the European Council to do its utmost to relaunch a positive and constructive dialogue between the Israelis and the Palestinians in order to secure an equitable and lasting agreement based on United Nations Security Council Resolutions 242 and 338; stresses, in particular, the call for an observer mission in accordance with the mandate conferred by the Security Council;

16.   Calls on the European Council to launch a political and diplomatic initiative with a view to re-establishing a climate of mutual trust and considers that the intended participation by the High Representative for the CFSP in the work of the committee responsible for establishing the facts should make a major contribution to this commitment;

17.   Strongly supports the European perspective given by the Council to the countries of the Balkans at the summit in Zagreb;

18.   Deplores the fact that excessive bureaucracy and budgetary constraints have created obstacles to the implementation of the cooperation programmes of the Euro-Mediterranean process, especially as far as civil society involvement is concerned;

19.   Calls on the Council, following also the Marseille Summit, to relaunch the Euro-Mediterranean partnership project agreed in Barcelona in November 1995, and takes the view that the lack of progress made is a potential crisis factor in the region and undermines the EU's political role in leading the efforts aimed at achieving stability in the area;

Food Safety

20.   Calls for a ban on animal feed production and farm breeding practices that involve recycling animal remains to cattle, sheep, goats and any other animals, including poultry and fish, as long as Member States cannot guarantee the implementation of existing EU laws concerning BSE prevention, and as long as the separation of fallen animals as proposed by the Commission has not come into force;

21.   Reiterates its call for the rapid introduction of compulsory testing for BSE in all cattle, sheep and goats destined for slaughter, starting with all those above 18 months of age, in all Member States in order to obtain a clear picture of the epidemiological situation throughout the EU;

22.   Welcomes in this respect the creation of the European Food Authority which will be instrumental in reassuring EU consumers as regards the safety of food in Member States and should strengthen the position of the European food industry on the world stage;

Social Agenda

23.   Calls on the European Council to adopt an ambitious Social Agenda along the lines of the Commission Communication as already endorsed by the European Parliament, with clear objectives, proposals for specific instruments and precise deadlines;

o
o   o

24.   Instructs its President to forward this resolution to the Council, the Commission and the IGC.

(1) Texts Adopted, Item 4.
(2) Texts Adopted, Item 10.
(3) Texts Adopted, Item 7.
(4) Texts Adopted, Item 9.
(5) Texts Adopted, Item 10.


CFSP
European Parliament resolution on the progress achieved in the implementation of the common foreign and security policy (C5-0255/2000 - 2000/2038 (INI))
A5-0340/2000

The European Parliament,

-   having regard to Article 21 of the Treaty on European Union and Rules 103(3) and 163 of its Rules of Procedure,

-   having regard to the Council's annual report for 1999, submitted to Parliament on 15 May 2000 in application of section H (paragraph 40) of the interinstitutional agreement of 6 May 1999, on the main aspects and basic choices of the CFSP, including the financial implications for the general budget of the European Communities (C5-0255/2000 )(1) ,

-   having regard to its resolution of 5 May 1999 on the role of the Union in the world: implementation of the CFSP in 1998(2) ,

-   having regard to its resolution of 5 September 2000 on a common Community diplomacy(3) ,

-   having regard to its resolution of 6 September 2000 on the Union's priorities as regards external activities(4) ,

-   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Budgets (A5-0340/2000 ),

A.   whereas 1999 marked a turning-point for the affirmation of the European Union's role in the world, in view of the following:

   -
the single currency (the euro) came into being on 1 January;
   -
the Treaty on European Union (Treaty of Amsterdam), with its new provisions concerning the CFSP, entered into force on 1 May;
   -
the High Representative for the CFSP took office on 18 October, conferring a visible face on the European Union's external policy;
   -
the Kosovo crisis (25 March to 10 June) gave rise to a heightened degree of awareness, as reflected in the declarations of Cologne (4-5 June) and Helsinki (10-11 December) and in the first decisions instituting a common European security and defence policy (CESDP) with both civilian and military dimensions;
   -
the Helsinki European Council decided to open accession negotiations with those countries which had not been included on the list by the Luxembourg European Council, and gave Turkey applicant country status,

B.   whereas the European Union is committed to defending common interests and values, developing and consolidating democracy and the rule of law, and ensuring respect for human rights, minority rights and fundamental freedoms, these being the guiding principles of its common foreign and security policy,

C.   whereas, in order to make the CFSP more credible and more effective, the Union has created a common security and defence policy (CESDP), enabling it to draw on the full range of civilian and military instruments so as to protect its fundamental values and interests; whereas this means that in all circumstances its decisions to intervene in the framework of the Petersberg tasks must receive democratic legitimation from both the European Parliament and the national parliaments,

D.   recalling that collective defence falls outside the field of the CESDP and is instead the responsibility of NATO,

E.   whereas the common strategies introduced by the Treaty of Amsterdam, enabling the Union to act in areas where the Member States have important common interests, are an embodiment of the Union's foreign policy priorities,

F.   whereas, in addition, the common strategies introduce an element of flexibility into the CFSP, since decisions taken in implementation of those strategies are reached by qualified majority voting,

G.   whereas a further element of flexibility introduced by the Treaty of Amsterdam is constructive abstention, whereby decisions may be taken enabling actions in which certain Member States, for internal reasons, do not wish to participate,

H.   whereas the CFSP is only one of the policies enabling the Union to act in the sphere of external relations; whereas the Union is obliged under Article 3 of the TEU to ensure the consistency of its external activities considered as a whole,

I.   whereas the Council and Commission are responsible under the Treaty for ensuring such consistency; whereas, however, the chosen solution, namely to divide responsibility for the Union's external activities between the CFSP's High Representative and the Commission, could lead to interinstitutional tensions,

J.   whereas the democratic deficit must be eliminated as a matter of urgency in the development of the CFSP and the CESDP,

K.   whereas the IGC now under way should be used to introduce improvements to the CFSP and the CESDP, especially as regards the participation of the European Parliament in both policies, with a view to bringing them closer to citizens and making their operations more democratic,

L.   whereas the decisions of the Helsinki European Council on the enlargement of the Union - without doubt the most important element of foreign policy - have contributed to reanimating the debate on the objectives of European integration, the intrinsic nature of Europe and the European Union, the Union's geographical limits and the future shape of its institutions,

Ensuring peace and defending the interests and fundamental values of the EU: the CFSP's guiding principles

1.   Notes that ensuring peace and freedom and protecting the EU's constituent values and its interests in Europe and in the world are the cornerstones of the CFSP;

2.   Stresses that respect for human rights and fundamental freedoms, the promotion of democracy and the rule of law, and the protection of minority rights therefore contribute towards achieving those objectives and are principles which lie at the heart of the European Union's foreign policy; this is evident in its agreements with third countries (democracy clauses), its common strategies, its enlargement policy and now also in its common European security and defence policy;

3.   Believes that the democratisation of state and society contributes to the Union's security and is also a necessary condition for economic development, since a social market economy is not compatible in the long term with restrictions on political and civil liberties;

4.   Stresses that resolving economic and social problems is an important way of contributing to security and that the European Union bears a great responsibility in this area both in Europe and the world;

5.   Welcomes the publication by the Council of the first report on human rights, which sets out the Union's policy in this field;

6.   Salutes the Union's efforts both to obtain a universal moratorium on capital punishment leading to its abolition at world level and the elimination of other degrading practices such as torture; stresses that this imperative forms part of the platform of values inherent to Europe;

Enlargement as a key objective of the CFSP

7.   Stresses that the enlargement negotiations with twelve countries, and also the Euro-Mediterranean Partnership and the Stability Pact for South-Eastern Europe, have proved to be the most effective foreign policy instrument for the stabilisation of the Mediterranean region and Central and Eastern Europe;

8.   Emphasises that enlargement also serves Europe's security and foreign policy interests;

9.   Stresses that the EU should press harder for cooperation with other European countries in conjunction with the enlargement process;

10.   Notes, however, that the enlargement in process - even without considering prospects further in the future - may affect the Union's cohesion and, therefore, its stabilising role on the international stage, unless the Union carries out the necessary reforms, in particular the reform of its institutions, and unless it addresses the challenges of more openness towards the public and reflecting the public's interests to a greater extent;

The CESDP

11.   Notes that the CESDP, established by the Cologne and Helsinki declarations, is also a fundamental element of the CFSP; stresses that this new policy marks an important step forward for European integration;

12.   Stresses that the CESDP enables the Union to increase its options regarding the promotion of international cooperation, peace, and conflict prevention and, where necessary, the management of crises, allowing it to resort to the entire spectrum of civilian and military instruments available to it; stresses that this calls for a Union capable of defining clear and precise foreign policy objectives;

13.   Welcomes, accordingly, the progress made in the field of the CESDP at the European Councils of Lisbon (23-24 March 2000) and Santa Maria da Feira (19-20 June 2000), and hopes that this impetus will be maintained after the capacity engagement conference of 20 and 21 November 2000 and at the Nice European Council of 7 and 8 December 2000;

14.   Reiterates that civil conflict prevention and crisis management should be the priority and that military means should only be used as a last resort;

15.   Calls on the EU Member States, following the WEU ministerial meeting held in Oporto on 15 and 16 May 2000, to draw up a calendar for the abolition of the WEU; calls on the EU Council, in parallel, to determine the arrangements whereby the residual functions of the WEU can be absorbed by the new institutional framework of the EU that emerges from the IGC, without affecting the neutrality and non-alignment of some Member States;

Main aspects of the CFSP in 1999 and current trends

16.   Recalls that the various crises in the Balkans culminated in military confrontation during the Kosovo crisis of spring 1999;

17.   Welcomes, therefore, the new course pursued by the Federal Republic of Yugoslavia, and calls on the Commission and Council to monitor carefully both the democratisation process in Belgrade and the humanitarian crisis in the country and to support it politically and financially;

18.   Appeals in this regard to President Kotunica to review as a matter of urgency all cases of political prisoners in Serbia with regard, in particular, to the Kosovo Albanian ones and to release all those arrested or convicted on unsubstantiated political charges and those detained for months without charge;

19.   Reaffirms the view that the new foreign policy priorities should not be financed at the expense of other important tasks of the European Union and calls for the ceiling on heading 4 of the financial perspective to be raised to meet the new financial challenges involved in supporting the reconstruction of the Federal Republic of Yugoslavia;

20.   Notes, however, that the situation in Kosovo remains tense, due in part to the ambiguous nature of UN Security Council resolution 1244; hopes that the municipal elections which were held on 28 October 2000 can promote peaceful dialogue between the newly elected President of the FRY and the leader of the Democratic League of Kosovo in order to implement this UN resolution; notes that President Kotunica's desire to reform the structure of the Federation gives scope for a political compromise which could help the Federation as a whole to move closer to the European Union;

21.   Expresses its appreciation of the work carried out in particularly difficult conditions by the UNIMK, the KFOR and the European Agency for Reconstruction; encourages the various ethnic communities in Kosovo to cooperate fully with those bodies; calls on the European Union, its Member States and the other international organisations to coordinate their initiatives in the area more effectively and to agree on more effective rules governing the allocation of responsibilities among them;

22.   Endorses the regional initiative launched by the European Union with the Stability Pact for South-Eastern Europe, with the aim of overcoming the crisis in the western Balkans, and welcomes the participation of the FRY, as of 26 October 2000, in this Stability Pact, which will contribute to peace, security and stability in this region;

23.   Endorses the new policy of stabilisation and association agreements being developed for Croatia and for the former Yugoslav republic of Macedonia, which is integrating those countries into a European context;

24.   Wishes to see further consolidation of the state apparatus in Bosnia-Herzegovina and in Albania, in the interests of stabilising the region and establishing conditions making it possible to conclude stabilisation and association agreements with those countries; wishes, furthermore, to see this political initiative of stabilisation and association agreements embrace all countries in the western Balkans, once they meet the necessary conditions;

25.   Welcomes the EU-western Balkans summit held on 24 November 2000, and emphasises that this summit sent out a clear message to the peoples of the region, Serbia included, concerning their European identity;

26.   Calls on the Council to use that occasion to clarify its policy for the western Balkans, on the basis of a common strategy which could help orient the democratic forces in the region, notably by offering them a coherent vision of its future and its relations with the EU;

27.   Welcomes, therefore, the conclusions of the Feira European Council which has given a long-term EU membership perspective to South-East European countries;

28.   Welcomes the common strategy for Russia adopted at the Cologne European Council, aimed at Russia becoming a strategic partner of the Union; wishes to see further progress towards democracy and the rule of law in Russia, but expresses its concern at certain discouraging internal developments (Chechnya, curbs on certain sections of the media), while also recognising the need to counter centrifugal tendencies in the Russian state;

29.   Considers, at all events, that the Chechnya conflict can only be resolved by political means and that any solution must respect the territorial integrity of the Russian Federation;

30.   Considers, furthermore, that the human rights violations and other abuses which occurred during the conflict in Chechnya must be fully investigated and calls on the Russian authorities to do all they can in this field;

31.   Stresses the need, for the democratic legitimacy of Russia and given its political union with Belarus, for Russia's president and government to reiterate unequivocally the urgent need for democratic reforms in Belarus, particularly in the light of the report delivered in Minsk on 16 October 2000 by the parliamentary troika from the European Union, the Council of Europe and the OSCE;

32.   Welcomes the common strategy for Ukraine adopted at the Helsinki European Council, reinforcing the strategic partnership between the two parties; notes that Ukraine, like Belarus and Moldova, will be a direct neighbour of the European Union once the enlargement under way is completed, and that this will create a new context for bilateral relations between the Union and those countries; stresses, however, that the development of these countries with regard to democracy and the rule of law will be the basis for the relationship with the European Union;

33.   Notes the results of the most recent EU/Ukraine summit held in Paris on 15 September 2000, and regrets that the closer cooperation between the two parties announced at the summit has not been given greater substance, for instance in the field of foreign and security policy;

34.   Hopes that, as regards the highly sensitive issue of the construction of a new gas pipeline, the European Union will give clear priority to reaching an agreement between Russia, Ukraine, Poland and the other countries concerned

35.   Hopes that the Union will utilise its partnership and cooperation agreements with the three countries of the southern Caucasus to develop its political and economic relations with them and to promote their economic development and "good neighbourliness" between them, by contributing to resolving outstanding conflicts; believes that closer consideration should be given to the idea of a stability pact for the Caucasus bringing together all the parties concerned (including the European Union, Russia, the US, Turkey and Iran);

36.   Calls on the Union to support the reform movement in Iran with a view to consolidating the positive developments noted at the last elections; believes that the Union should, to this end, normalise its relations with Iran;

37.   Urges the Council and the Member States to take the initiative at the United Nations to propose the formation of an ad-hoc International Tribunal on Iraq to investigate the responsibility of Saddam Hussein's regime in crimes of war, crimes against humanity and crimes of genocide;

38.   Welcomes the common position adopted by the European Union on Afghanistan; wishes to see the Union adopt a tougher stand on the Taliban, whose policy disregards human rights and the desire of the Afghan people for peace;

39.   Stresses that Asia is a zone marked by instability and risk from Afghanistan to the China sea due to conflicts between peoples, ideological divisions and territorial demands on the part of certain countries, while weapons of mass destruction exist and missiles are being developed to transport them; calls on the Union to keep a close watch on developments in Asia, especially in the context of the Petersberg tasks;

40.   Is particularly concerned at the conflict over the issue of Kashmir between two nuclear powers, India and Pakistan, and considers that a political commitment on the part of the European Union and the international community is needed in order to reduce tensions in the area;

41.   Considers that, in general terms, the Union should extend its commitments in Asia and promote the message of stability and human rights; welcomes, in this connection, the Asia-Europe meetings (ASEM), organised as a counterpart to the APEC (Asia-Pacific Economy Conference) meetings;

42.   Regrets the fact that the recent ASEM Summit led to the public expression, at the highest level, of the Member States" contradictory views regarding North Korea;

43.   Underlines the increasing importance of EU-China relations, but deplores the lack of any substantial progress as to the EU-China dialogue on human rights; urges the Council and the Commission to make clear once more to the Chinese authorities that present and future relations depend on concrete improvements in this field;

44.   Urges, in this respect, the Council to find ways to strengthen political ties with Taiwan with a view to fostering dialogue between Taipei and China and supporting the Taiwanese democracy; urges once again the Commission to open a representation office in Taipei;

45.   Welcomes the settlement to the East Timor question reached in 1999, which has enabled the normalisation of relations with Indonesia; at the same time, deplores the recent acts of violence by the Islamist militias against the people of East Timor and calls on the Indonesian government to dissolve those militias;

46.   Calls on the European Union to give greater importance to Africa; welcomes the Africa-Europe summit held on 3 and 4 April 2000 under the auspices of the OAU and the European Union; calls on the European Union to reflect the Cairo Declaration adopted on that occasion in a common strategy;

47.   Welcomes the results of the presidential election which was held in Cte d'Ivoire on 22 October 2000 and which marked the return to civilian government; regrets, however, the outburst of violence which followed this election and calls on the political leaders to show their sense of responsibility in order to allow the country to return to constitutional legality in an atmosphere of civil peace;

48.   Draws attention to the extent of the AIDS epidemic in Africa and the potential threat it represents to the internal stability of the African countries most affected, and calls for firm international action on the matter;

49.   Reiterates its full support for the Euro-Mediterranean partnership policy and endorses the conclusions of the Fourth Euro-Mediterranean Conference held in Marseilles on 13 and 14 November 2000;

50.   Regrets that the Fourth Euro-Mediterranean Conference was unable to adopt the Euro-Mediterranean Charter for Peace and Stability because of the development of the political situation in the Middle East;

51.   Welcomes the improvement in relations with Libya; remains, however, concerned at the situation in Algeria and the continued massacres despite the 'civil concord' referendum held on 16 September 1999;

52.   Reiterates its support for the Middle East peace process; regrets the lack of results from the Camp David Israel-Palestine negotiations of July 2000; is deeply concerned to see further provocation and outbreaks of violence jeopardising the peace process; calls on the UN, the European Union, the United States, the Arab League and the Gulf Cooperation Council to persuade both sides that all use of force can only be counterproductive and that there is no alternative to a resumption of talks; hopes, therefore, that future talks will make it possible to create a viable Palestinian state, to guarantee Israel's legitimate desire for security and to settle the status of Jerusalem;

53.   Deplores the persistent inability of the Union to play a constructive role in bringing peace to the Middle East whenever severe tensions emerge, and expresses its dismay at the impression of total disarray given by the Member States during the voting at the UN Extraordinary General Assembly held on 21 October 2000;

54.   Welcomes the adoption by the Feira European Council of a common strategy for the Mediterranean region;

55.   Calls on the Commission and Council to assess the risks to international security arising from the unequal distribution of water resources and to contribute, where relevant with other interested countries, to actions to avoid crises, thereby preventing the outbreak of 'water wars';

56.   Expresses its endorsement of the Rio summit of 28 and 29 June 1999, which for the first time brought together the heads of state and government of the countries of Latin America and the Caribbean and those of the European Union; welcomes the closer relations developed with Mercosur and Chile; calls for the further development of cooperation between the European Union and all the countries mentioned;

57.   Supports the intention of the European Union to back, according to its own priorities and through a substantial European programme, the peace process engaged in by President Pastrana in Colombia;

58.   Believes that the Union's actions relating to the countries of Latin America and the Caribbean should be reflected in a common strategy;

59.   Welcomes the Union's efforts in the sphere of conventional disarmament, in particular as regards the outlawing of anti-personnel mines and illegal trafficking in light and small-calibre weapons;

60.   Welcomes the publication in 1999 of the Union's first annual report on arms exports, adopted under paragraph 8 of the Code of Conduct of 8 June 1998;

61.   Welcomes, in addition, the Union's efforts in favour of nuclear disarmament and non-proliferation, in particular its common positions in the framework of the Nuclear Non-Proliferation Treaty (NNPT) and the Comprehensive Test Ban Treaty (CTBT); welcomes the ratification by the Duma of the START II Treaty and the CTBT, and regrets the failure of the US Senate to ratify the latter;

62.   Encourages the Union to continue its efforts to ensure that negotiations for a treaty outlawing fissile material production are launched at the Disarmament Conference; welcomes the declaration adopted by the five permanent members of the UN Security Council at the Non-Proliferation Treaty Review Conference, which opened on 24 April 2000, reiterating their commitment to achieving the total elimination of nuclear weapons;

63.   Encourages the Union to continue its efforts to strengthen the Biological and Toxin Weapons Convention (BTWC) outlawing such weapons, so that a legally binding protocol can be adopted before the fifth treaty review conference, due to be held no later than 2001;

64.   Expresses its deepest concern at the possibility of the US deploying a limited missile defence system (NMD), in view of the risks this initiative would represent for strategic equilibrium; calls for intensive transatlantic dialogue on this subject and for other interested countries, such as Russia, to be invited to take part in the ongoing discussions, in view of the proliferation of ballistic missiles worldwide;

The new mechanisms introduced by the Treaty of Amsterdam

65.   Notes that the Treaty of Amsterdam has introduced certain improvements to the CFSP by comparison with the Treaty of Maastricht: it has enhanced its effectiveness via the common strategies, improved its visibility by creating the office of CFSP High Representative, and reinforced its flexibility through the constructive abstention mechanism;

66.   Calls for Member States not to make systematic use of the constructive abstention mechanism, which brings a crucial dose of flexibility to the decision-making process of the CFSP and the CESDP, in order not to undermine mutual solidarity between Member States within the Union;

67.   Considers that the creation of the office of CFSP High Representative, while certainly helping enhance the Union's visibility, inevitably generates conflicts of responsibilities with the Commissioner for external relations, thus showing up the unsuitable nature of the existing 'pillar' structure of the European Union;

68.   Calls for account to be taken of these circumstances in the discussions on the Union's institutional future; proposes that the tasks of the High Representative be entrusted to a Commission vice-president, whose brief would cover external relations and the CFSP and who would be accountable to both the Council and Parliament;

69.   Calls, pending further clarification, for further action to develop the policy planning and early warning unit in cooperation with the Commission, and for the WEU's Satellite Centre and Security Studies Institute to be attached to it, thus enabling it to fully exercise its role of prevention, analysis and planning, as described in Annex No 6 to the Treaty of Amsterdam;

The organisation of external relations

70.   Welcomes the reorganisation of the external relations departments following the installation of the new Commission, which has ended the geographical division of responsibilities among several Commissioners; repeats, however, that the office of CFSP High Representative should be integrated into the Commission;

71.   Stresses the need for close cooperation between Council and Commission, on the basis of respect for the competences of both institutions, especially when implementing conflict-prevention or crisis-management actions, given that what is at stake is the credibility of the Union's foreign policy;

72.   Recalls the crucial contribution made by Community instruments to realising the objectives of the CFSP; considers that, in the interests of consistency and effectiveness, greater substance should be given to the new troika, whose shape is adumbrated in the Treaty of Amsterdam; believes, therefore, that the Presidency-in-Office of the Council should involve systematically the High Representative and the Commissioner responsible for external relations as partners in the troika in its CFSP initiatives and activities, pending an eventual merger of their respective functions;

73.   Notes the reorganisation of the Commission's external services, whereby its officials and other staff are given more responsibility, and supports the Commission's proposed reform of foreign aid;

74.   Calls on the Commission, with a view to the annual debate on the Union's foreign policy, to provide Parliament with a document setting out the breakdown by country of the total granted by the European Union in aid, clearly distinguishing Community aid from Member States' contributions and establishing a comparison with other third-country donors; considers that this document should emphasise the concrete results of Community aid and draw attention to the problems encountered;

75.   Notes that the Member States, as was pointed out at the informal Council held in Evian, employ 40 000 diplomats divided between 1500 embassies; considers that this huge number of staff is not being adequately used to serve the common interest;

76.   Calls on the Member States, accordingly, to improve the coordination of the activities of their embassies in third countries, which should also work in close cooperation with the Commission's delegations; considers that those delegations should increasingly take on the character of embassies of the Union and should have a coordinating role for the diplomatic and consular missions of the Member States; believes that pilot schemes could be implemented to this end;

77.   Considers, finally, that the creation of a European diplomatic academy, as proposed in Parliament's above-mentioned resolution of 5 September 2000 on a common Community diplomacy, would be a positive step in the direction of creating a common diplomacy at the service of the CFSP;

The European Parliament, the CFSP and the CESDP

78.   Stresses the need for the Union's activities in the area of crisis management using civilian and military resources, notably in the context of the Petersberg tasks, to be subject to greater parliamentary control;

79.   Notes that there is a clear division of responsibilities in this connection between the European Parliament and national parliaments;

80.   Recalls, in this context, Parliament's resolution of 15 June 2000 on the establishment of the CESDP, with a view to the European Council meeting in Feira(5) , and proposes, in the context of the CFSP and the CESDP, the regular holding of a meeting bringing together representatives of the competent committees of national parliaments and the European Parliament, with a view to examining the development of the two policies jointly with the Council Presidency, the High Representative for the CFSP and the Commissioner responsible for external relations; considers that it would be desirable, subject to certain conditions, to involve the parliaments of the applicant countries and those of non-EU countries which are members of NATO, under the same conditions;

81.   Places great importance on cooperation between the European Parliament and the NATO Parliamentary Assembly;

82.   Welcomes the Council document on the main aspects and basic choices of the CFSP, as an instrument for guidance and dialogue concerning the CFSP; regrets, nonetheless, the fact that this is the only document on which Parliament is consulted under Article 21 of the TEU, and asks to be consulted, in particular, on the common strategies at the preparatory stage, to ensure that its views are properly taken into consideration;

o
o   o

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

(1) OJ C 172, 18.6.1999, p. 1.
(2) OJ C 279, 1.10.1999, p. 218.
(3) Texts Adopted, Item 4.
(4) Texts Adopted, Item 9.
(5)Texts Adopted, Item 5.


A common European security and defence policy after Cologne and Helsinki
European Parliament resolution on the establishment of a common European security and defence policy after Cologne and Helsinki (2000/2005(INI))
A5-0339/2000

The European Parliament,

-   having regard to the motions for resolutions tabled by:

   (a)
Salvador Garriga Polledo on the creation of a European Civilian Peace Corps (B5-0361/1999 ),
   (b)
Jorge Salvador Hernández Mollar on promoting relations with the Maghreb region in the interests of European security and defence (B5-0114/2000 ),

-   having regard to the Treaty on European Union and in particular Article 17 thereof,

-   having regard to the decisions on the European security and defence identity (ESDI) adopted at the 1996 Berlin North Atlantic Council and at the Atlantic Alliance Summits held in Madrid (1997) and Washington (1999),

-   having regard to the declarations adopted at the European Councils at Cologne (3-4 June 1999), Helsinki (10-11 December 1999), Lisbon (23-24 March 2000) and Feira (19-20 June 2000) on the establishment of the Common European Security and Defence Policy (CESDP) in its civilian and military dimensions,

-   having regard to the meetings of the WEU Council of Ministers in Oporto (15 and 16 May 2000) and Marseille (13 November 2000) preparing for the transfer of some of the WEU's tasks to the European Union,

-   having regard to the contributions announced by the European Union Member States at the Capabilities Commitment Conference held in Brussels on 20 November 2000 and the additional contributions announced on the following day by a number of countries seeking to join the Union and the European NATO member countries that do not belong to the Union,

-   having regard to the current Intergovernmental Conference and its discussions on enhanced cooperation,

-   having regard to the Council Decisions of 10 May 1999 concerning

   (a)
the arrangements for enhanced cooperation between the European Union and the Western European Union (1999/404/CFSP)(1) ,
   (b)
the practical arrangements for the participation of all the Member States in tasks pursuant to Article 17(2) of the Treaty on European Union for which the Union avails itself of the WEU (1999/321/CFSP)(2) ,

-   having regard to the Council Decisions of 14 February 2000

   (a)
setting up the Interim Political and Security Committee (2000/143/CFSP)(3) ,
   (b)
setting up the Interim Military Body (2000/144/CFSP)(4) ,
   (c)
on the secondment of national experts in the military field to the General Secretariat of the Council during an interim period (2000/145/CFSP)(5) ,

-   having regard to the Council Decision of 22 May 2000 setting up a Committee for civilian aspects of crisis management (2000/354/CFSP)(6) ,

-   having regard to the Commission proposal to the Council for a regulation creating the Rapid Reaction Facility (COM(2000) 119 - C5-0272/2000 - 2000/0081(CNS) )(7) ,

-   having regard to its resolution of 15 May 1997 on the Commission Communication on the challenges facing the European defence-related industry, a contribution for action at European level (COM(1996) 10 - C4-0093/1996 )(8) ,

-   having regard to its resolution of 28 January 1999 on the Commission Communication on implementing European Union strategy on defence-related industries (COM(1997) 583 - C4-0223/1998 )(9) ,

-   having regard to its resolution of 15 June 2000 on the establishment of a common European Security and Defence policy with a view to the European Council in Feira(10) ,

-   having regard to its resolution of 6 September 2000 on EU external action priorities(11) ,

-   having regard to the amendments adopted by Parliament on 16 November 2000(12) to the proposal for a European Parliament and Council Regulation regarding public access to European Parliament, Council and Commission documents (COM(2000) 30 - C5-0057/2000 - 2000/0032(COD) ),

-   having regard to Rule 163 of its Rules of Procedure,

-   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Constitutional Affairs (A5-0339/2000 ),

A.   whereas the European Union and its Member States have a platform of shared values and interests, which they are duty bound to protect in a spirit of mutual solidarity,

B.   whereas, with the end of the Cold War, the distinction between security and defence has tended to become blurred, and a security and defence policy implies the use of civilian as well as military means of diverting and managing crises threatening the interests and values of a State or group of States such as the European Union,

C.   stating again that, as regards defence in the conventional sense, i.e. territorial defence, the common European Security and Defence policy (CESDP) does not seek to compete with the Atlantic Alliance, which today remains the foundation of the collective defence of its members, or to set up a standing European army,

D.   noting nevertheless that Member States are linked by mutual political solidarity (Article 11(2) TEU), which in itself already contributes to security, and, when the time comes, will lead to a position in which the CFSP will also guarantee its Member States" borders as the external borders of the Union,

E.   whereas the CESDP does not affect the individual nature of the Member States' security and defence policy nor the obligations arising for some of them from their membership of NATO or the WEU,

F.   whereas the debate on European security and defence, which began in Pörtschach, has gathered impetus with the NATO military intervention in Kosovo, by making the people of the European Union aware of their inability to resolve large-scale crises,

G.   noting that this conflict highlighted the gaps and deficiencies in the European Union and its Member States, firstly in crisis prevention by civilian means and then in their military crisis-management resources and capabilities,

H.   welcoming, therefore, the European Union's prompt action which, in the form of the declarations by the Cologne, Helsinki, Lisbon and Feira European Councils, established the principles and modalities of a common European security and defence policy (CESDP) concentrating mainly on preventing, managing and finding the way out of crises threatening international stability and security,

I.   pointing out that the efforts of the Union and its Member States to establish a credible common European security and defence policy are intended to strengthen the CFSP, enabling the Union to deploy the full gamut of financial, diplomatic, civilian and military instruments at its disposal to achieve its aims and to exercise a more effective influence on the outcome of international crises, given that recourse to military means is only a last resort solution,

J.   whereas the European Union's declared intention of using the CFSP and the CESDP to take its place as a major player in international politics will help revitalise and ensure fairer burden and responsibility sharing within the Atlantic Alliance, will lend substance to the concept of the European security and defence identity (ESDI) and will play an important part in preserving international security,

K.   welcoming the decisions already taken by a number of Member States to restructure their armed forces and acquire effective and, in some cases, common equipment, with a view to the establishment of the European Rapid Reaction Force, as decided at the Cologne and Helsinki European Councils, in respect of which the Capabilities Commitment Conference is the first practical step,

L.   insisting that Member States should devote the same effort to achieving the goals they have set themselves regarding civilian crisis management, in particular to establish a rapidly deployable European police force, and to introduce comprehensive crisis-prevention and -management measures which are adequately financed and designed to support civil society in areas of tension,

M.   noting that there are still gaps which need to be stopped, in both institutional and equipment terms, if the Union is to have a credible conflict-prevention and crisis-management capability by the year 2003,

N.   regretting that the CESDP is being set up without control by the European Parliament, which is not involved in its formulation; insisting also on the need for parliamentary scrutiny and democratic accountability of CESDP, involving national parliaments vis-à-vis the governments of the Member States,

O.   noting in particular that the national parliaments, which are responsible for adopting the defence budgets of the Member States, are not yet able to obtain a global and coherent view of the CESDP,

P.   stressing the importance of the principles of transparency and accountability in the field of security and defence policy,

Q.   recalling that an agreement between the European Parliament and the Council is required to authorise access to the documents specified in Council Decision 2000/527/EC of 14 August 2000(13) ,

1.   Believes that a common European security and defence policy is not an end in itself but an instrument to further the goals of the Union's foreign policy and may be used only to attain specific goals clearly defined by the Council in liaison with the Commission and with the support of the European Parliament;

2.   Reaffirms therefore that the CESDP will broaden the Union's options for conducting its foreign policy;

3.   Welcomes the latest Presidency report on strengthening the common European security and defence policy adopted at the Feira European Council, and urges the European Union not to relax its efforts but to continue developing the civilian and military aspects of the CESDP, inter alia by taking the political and institutional decisions required to make it fully operational;

4.   Notes that the CESDP will be fully effective only when it is directed by a clearly designated authority, which is able to coordinate all available resources, both civilian and military; considers it is necessary to evaluate on a regular basis the new structures once they are put in place;

5.   Calls therefore on the forthcoming European Councils to take the decisions required to make the CESDP fully operational in 2003, as decided at the Cologne European Council;

6.   Restates its belief that crises should be resolved initially by civilian means, but does not rule out the use of force when diplomatic means have been exhausted, provided that the use of force is in accordance with the founding principles of the European Union and the constitutions of its Member States and with the principles of the United Nations Charter and the OSCE;

7.   Underlines the fact that, in accordance with international law, there should be an appropriate mandate from the UN Security Council authorising the use of military force; aware, however, of the possibility of a deadlock in the Security Council, stresses the need for reform of the UN institutions; considers that, pending these reforms, and in the absence of a mandate as a result of a deadlock in the Security Council, the international community, of which the European Union is a part, should only be able to intervene militarily in urgent cases at the express request of the Secretary-General of the United Nations;

8.   Emphasises finally the need for the European Union to draw up the principles and legal bases for it to act either by civilian or military means or a combination of both on the territory of non-Community states in which a crisis is occurring;

I. Developing the civilian instruments of conflict prevention and crisis management

9.   Approves the guidelines contained in the report drawn up at Feira for strengthening the European Union's capabilities in the civilian aspects of conflict prevention as well as crisis management so as to:

   (a)
prevent the eruption or escalation of conflicts,
   (b)
consolidate peace and internal stability in periods of transition, and
   (c)
ensure complementarity between the civilian and military aspects of crisis management in order to cover the full range of Petersberg tasks (humanitarian missions, including rescue tasks; peace-keeping missions, tasks of combat forces in crisis management, including peace-making);

10.   Supports the objective set by the Member States at Feira of supplying by 2003 by voluntary cooperation a 5000-strong European police force for conflict prevention or crisis management, military units not being suitable for law and order operations; notes also that Member States have undertaken, within that global target, to meet emergencies by deploying an initial contingent of 1000 police officers within 30 days;

11.   Welcomes also the Commission's proposal to set up a Rapid Reaction (financial) Facility to allow the Union to take emergency action and urges the Council to adopt the Regulation to that effect without delay;

12.   Emphasises that this diversification and strengthening of the European Union's intervention capability in crisis areas must go hand in hand with action to restore and consolidate the rule of law, democracy, civil society, an independent judicial system, local administration and the economy in those areas, to allow a return to normal life at the earliest opportunity and to ensure democratic security in the area concerned;

13.   Calls on the Commission and Council to give their attention to conflict prevention and developing an operational concept calling on the resources of the European Union, of its Member States, of NATO, and of other players such as the UN, the OSCE and other regional organisations, as well as the media and civil society;

14.   Underlines in this context that the EU should cooperate also with the specialised NGO forums;

15.   Considers that the first stage in establishing a conflict-prevention policy is to develop the European Union's intelligence-gathering and -analysis capacities so as to detect the earliest signs of any crisis;

16.   Stresses that this policy will rely on:

   (a)
the loyal cooperation of all Member States, who will have to make all their resources available to the Union,
   (b)
the strengthening of the PPEWU (Policy Planning and Early Warning Unit) which, at present, does not have the manpower or resources to perform its early warning task, let alone its other tasks, and
   (c)
the strengthening of the appropriate departments in the Council and the Commission, which must pool their information and analyses;

17.   Emphasises that preventive intervention should be tailored to the nature of the crisis in question and may involve the use of a range of measures from diplomatic pressure to positive action to strengthen civil society, without ruling out coercive action, ranging from political and economic sanctions to threats of the use of force;

18.   Believes that there must be a clear distinction in non-military crisis management between purely civilian operations (humanitarian, observation, mediation, reconstruction etc.), which could be carried out by a European civilian peace corps, and police operations, which could be the prelude to escalation in the use of coercion or take place after a conflict;

19.   Considers it vital that the appropriate Council bodies (Committee for civilian aspects of crisis management, the Situation Centre and the Crisis cell(s)) should cooperate closely with their counterparts at the Commission (in particular the Crisis Coordination Unit and ECHO) under a clearly designated authority so as to avoid the duplication of effort and ensure the effectiveness of Union action;

20.   Repeats its request in its above-mentioned resolution of 15 June 2000 to set other headline goals than those relating to the police force, in respect, for example, of groups of specialists in the fields of the rule of law, the monitoring of elections, observation of situations, humanitarian aid and civil protection;

21.   Calls on the Commission to list the civilian instruments now existing or yet to be set up, with a view to preventing and managing crises and emerging from them on the best terms;

22.   Calls on the Commission, in cooperation with the Council, to produce a public annual report on EU conflict prevention, which lists the policies adopted, instruments used and programmes supported; proposes that criteria be established for their evaluation as well as for the lessons to be learned from them;

II. Developing the Union's military assets and capacities

23.   Notes that the Kosovo conflict revealed the weakness of European countries in crisis intervention, not only in their civilian but also in their military capacities;

24.   Restates its support for the headline goal set at Cologne and Helsinki of establishing a 50 - 60 000 strong Rapid Reaction Force by 2003 to be mobilised within 60 days and deployable for a year with the necessary air and maritime support and which should have its own command, intelligence and operational-planning capabilities;

25.   Welcomes the contributions announced by the Member States, the candidate countries, and the European NATO allies that do not belong to the EU at the Capabilities Commitment Conference held on 20 and 21 November 2000 with a view to attaining the above goal; calls on the High Representative for the CFSP to report regularly to Parliament on the manner in which the countries concerned are honouring those commitments, so as to enable MEPs and members of the national parliaments to oversee the moves to set up the European Rapid Reaction Force;

26.   Welcomes the Member States" stated willingness to attain this ambitious objective by reorganising their armed forces as appropriate;

27.   Calls on the Member States in their procurement policies to draw on the lessons of the NATO intervention in Kosovo, the WEU audit, the NATO Defence Capabilities Initiative (DCI) and the conclusions of the Capabilities Commitment Conference;

28.   Draws attention to the weaknesses or failures of European countries in the fields of communications, command, control and information (C3 I), strategic mobility (heavy airlift, in-flight refuelling), intelligence gathering, penetration of enemy air defences, all-weather, day and night attack capability, precision-guided munitions and cruise missiles, as revealed by the Kosovo conflict;

29.   Proposes therefore that, following the Capabilities Commitment Conference, Member States should seek to remedy the deficiencies, as they have just done in the strategic air transport field (Airbus A400M), for air-to-air missiles (Meteor), cruise missiles (Scalp/Storm Shadow) and reconnaissance and navigation satellites;

30.   Considers however that the consolidation of the military equipment procurement process in Europe cannot be undertaken on the sole basis of individual or multilateral projects and that a substantial, joint long-range planning effort is still needed;

31.   Proposes therefore that the Member States assess their long-term needs, distinguishing between the short (2003/2005), medium (2010/2012) and long term (2020/2025), so that the necessary strategic, industrial and budgetary options may be taken when appropriate;

32.   Notes that the establishment of a European Union rapid reaction capability will raise the problem of the professionalisation of the Member States" armed forces, a process on which some have already embarked, and maintains that each State must take its own decisions on this matter, in the light of its political and social traditions and the role it wishes to play in crisis management;

33.   Believes it essential for EU Member States to increase their naval aviation intervention capabilities based on the aircraft carriers possessed by four of them, in view of the importance of sea communications for the Union's trade and the scope they offer for performing Petersberg tasks, as the operations over former Yugoslavia have shown; calls on the Member States concerned, when replacing their aircraft carriers, to seek to achieve interoperability with a view to having available, in case of need, a homogeneous naval aviation intervention force;

34.   Calls also for the countries of Europe to pool their carrier escort and support assets either in the form of special task forces or as part of EUROMARFOR, which is due to be open to all the Member States, in order to give proper protection to European aircraft carriers;

35.   Supports the idea of developing adequate capacity for air and sea transport, in-flight refuelling, CSAR(14) operations, control of airspace (AEW&C(15) ) and, at a later stage, battlefield control and satellite, aircraft and drone intelligence gathering;

36.   Notes that the forces at present answerable to the WEU (FAWEU) and the European Air Group will be among the forces available to the European Union and that it will be possible to call upon them for the European Rapid Reaction Force; calls for these various forces, which in themselves are instruments for strengthened cooperation, to be open to Member States wishing to participate in them;

37.   Calls on the European Union to take over the long-haul air transport agreement concluded on 30 June 1997 between the WEU and Ukraine and considers that a similar agreement could be concluded with Russia in order to bolster the Member States' transport and force projection capabilities;

38.   Refers to its resolutions of 15 May 1997 and 28 January 1999 on European defence industry cooperation and notes with satisfaction the framework agreement signed at Farnborough on 27 July 2000 between six European countries, which will facilitate the restructuring of the defence industries in Europe, as called for in those resolutions;

39.   Calls for candidate countries to be allowed wherever possible to play a full part in European armaments cooperation;

40.   Reminds nevertheless defence industries as well as EU Member States and the candidate countries that, in the interest of the CESDP, arms exports must be controlled and restricted;

41.   Calls for the European Union to acquire a genuine space policy covering the civilian and military aspects of the use of space and for it to combine its national and multinational military resources in a Common European Union Space Command (CEUSC); considers, however, that the objective of this new policy should not be to put weapons in orbit but rather to develop observation, listening and navigation systems;

42.   Welcomes, from that point of view, the fact that the European Union and the European Space Agency moved closer together on 16 November 2000 with a view to laying down a two-pronged European space strategy focusing on navigation (Galileo) and observation systems (GMES initiative, or global monitoring of environmental security);

43.   Points out that establishing an operational CESDP will require adherence to acommon political vision and the identification of common interests, but emphasises at the same time that its effectiveness will rely on the acquisition by Member States of homogeneous intervention capabilities and the development of advanced technologies; calls, therefore, for the establishment of a common defence research policy; considers that European research centres should take defence aspects into account in their programmes;

44.   Points out that all these efforts to improve the Union's military capacity and assets will remain inadequate if the Union does not adopt a strategy for the use of force, as part of its common foreign policy, and if its Institutions have not undergone the necessary adaptation;

III. Institutional questions arising from the establishment of a common european security and defence policy

45.   Refers, as regards the decision-making structures of the CESDP, to its above-mentioned resolution of 15 June 2000 and hopes that the COPS will be chaired by the High Representative for the CFSP, that a Council of Ministers of Defence will be set up and that the latter, should the need arise, will take part in the General Affairs Council;

46.   Again expresses its concern over the effectiveness of the interim bodies set up on 1 March 2000 and over the coherence, in the present situation, between civilian and military operations the European Union might decide upon;

47.   Points out that the setting up of the new bodies was not accompanied by any strengthened powers of coordination and initiative for the High Representative for the CFSP, by any clear demarcation of functions between him and the Commissioner responsible for external relations, or full coordination with all other parties involved, so as to establish a clear chain of command from the level at which political initiatives are taken to that of action on the ground;

48.   Reiterates therefore the demand, expressed in its resolution of 13 April 2000 setting out its proposals for the IGC(16) , that the positions of High Representative for the CFSP and Commissioner responsible for External Relations be merged in due course into a specially appointed Vice-President of the Commission;

49.   Believes furthermore that the effectiveness of the CESDP will be closely linked to improving the operation of the CFSP and that, for this purpose, the Union must also have the capacity not only to gather but also to analyse intelligence; notes that, under the decisions taken by the WEU Council on 13 November 2000, the Torrejon Satellite Centre and the WEU Security Studies Institute are to be transferred to the European Union in 2001 in the form of agencies; believes that, when that happens, the future role of these two bodies will need to be clearly defined to ensure not least that they work in support of the PPEWU, which will have to be provided with increased human resources to enable it completely to perform its planning and analysis tasks;

50.   Hopes that the Nice European Council will set up the definitive CESDP bodies (COPS, Military Committee and Military Staff), will clearly define their respective responsibilities and decision-making powers, and give the impetus required for improving the operation of the CFSP in general and the CESDP in particular, with regard to speeding up and clarifying the decision-making process;

51.   Calls, in addition to the establishment of these permanent CESDP bodies, for the Nice European Council to establish the principle, on the basis of the WEAG, the WEAO or the OCCAR, of a European Armaments Agency attached to the Military Committee, responsible for devising and managing common research programmes and planning investment and joint procurement spending;

52.   Believes that the Council should consider the budgetary aspects of the CESDP, in particular by providing for the cost of transferring the WEU functions required for the performance of Petersberg tasks; also believes that the cost of Petersberg tasks should be apportioned between the Member States according to the GNP scale; calls for each Member State's contribution in civilian and military resources to the performance of those tasks to be taken into account in the apportionment process;

53.   Calls, at all events, for any Member State not wishing to take part in a task to be required, by reason of the mutual solidarity linking the Member States, to make a financial contribution to be divided between the participating States;

54.   Considers that Petersberg tasks should in the long term be funded from the general budget of the European Union, which would require a revision of Article 28 of the TEU and of the Financial Perspective;

55.   Asks, in view of the inherent cost of establishing the CESDP, the Council and the Member States not to rule out a priori the possibility of increasing budgetary appropriations, given the need for such a measure to ensure the credibility of the Union, provided that it does not cast doubt on the social and economic priorities of the Union and its Member States;

56.   Hopes that the efforts to pool the military resources and capabilities of the Member States under the CESDP will serve to rationalise military spending, thus affording an opportunity for possible budget savings;

57.   Underlines that further development of military tasks should in no way lead to a reduction by Member States of Community spending in non-military areas, in particular those areas which deal with civil crisis management, human rights and democracy, development assistance and humanitarian aid;

58.   Notes that cooperation between the European Union and NATO is working well, as instanced by the first joint meeting of COPS and the North Atlantic Council held on 19 September 2000;

59.   Supports the guiding principles and detailed procedures for the involvement of candidate countries and European members of NATO which are not members of the EU in crisis-management tasks undertaken by the European Union, as agreed at the Feira European Council;

60.   Recalls in this connection that:

   (a)
in the case of operations decided upon by the Council of the European Union which require the use of NATO assets and capabilities, European States which are members of NATO but not of the EU may take part if they so wish and will then have the same rights and obligations as the Member States of the European Union, from the planning to the day-to-day conduct of those operations;
   (b)
in the case of operations decided upon by the Council of the European Union not making use of NATO assets and capabilities, European States which are members of NATO but not of the EU may be invited to take part in such operations with the same rights and obligations as Member States of the European Union, as stated above; notes that the same will apply to any candidate country and any other State, such as Russia or the Ukraine, which are invited to take part by the Council;

61.   Welcomes, in that context, the additional capacity commitments which several European member countries of NATO who are not members of the European Union undertook, at the Capabilities Commitment Conference, to make available to the Union for its Petersberg tasks;

62.   Points out that the Washington Declaration adopted on 23 April 1999 at the Atlantic Alliance summit established the principle that the European Union should have easy access to NATO collective assets and capabilities for operations in which NATO was not militarily engaged as an alliance, which in particular implies guaranteed access to NATO planning capabilities and a presumption of the availability of NATO assets and capabilities which would be identified in advance for use by the European Union;

63.   Notes that any declaration which called into question the European Union's ability to call on NATO assets and capabilities in case of need could only encourage it to duplicate some of them, which would not be in the interests of any of the partners;

64.   Notes that the Oporto meeting of the Council of Ministers of the WEU and that in Marseille paved the way for the transfer to the European Union of the WEU's functions required for performing Petersberg tasks, that this has implications for the structure of that organisation and its future, and that this raises the question of the future of its founding Treaty; notes the "transition plan" adopted by the WEU military committee on 17 October 2000 which seeks, while the permanent structures of the European Union take shape, to ensure continuity in crisis management; notes that the WEU Military Staff with its Planning Cell and Situation Centre will disappear once its counterpart is set up in its final form within the EU;

65.   Notes that two of the residual tasks of the WEU, mutual assistance (Article V) and arms cooperation via the WEAG, could be the subject of strengthened cooperation if, after the IGC, they also covered security and defence;

66.   Notes that the Union is beginning to assume the last residual task of the WEU, to provide a broader security forum, as the former has decided to undertake regular contacts with the candidate countries and the European members of NATO which are not members of the EU;

67.   Proposes, therefore, that the modified Brussels Treaty, which was concluded for a 50 year period, should be denounced under the procedure laid down in Article XII thereof, once the residual tasks of the WEU are performed by the European Union, which should lead to the dissolution of the WEU in 2004;

68.   Calls on the Union's institutions, with a view to developing the civilian, politico-military and parliamentary aspects of the CESDP and to the run-down of the WEU, to recruit the latter's staff - those working both in its secretariat and for the Assembly, in order to benefit from their professional skills;

IV. The parliamentary dimension of the CESDP

69.   Refers to its resolution of 15 June 2000 mentioned above on the parliamentary dimension of the CESDP, and strongly regrets the absence of this dimension from the Council's deliberations;

70.   Refers in particular to its proposal that, within the framework of the CESDP and on the basis of experience with COSAC, a European parliamentary body for security and defence should be set up to correspond to the broader framework of European security;

71.   Believes that this parliamentary dimension must, at all events, be developed within the European Union framework and, with its current powers, be able to assume the supervisory function carried out by the WEU Assembly;

72.   Proposes that Article 21 of the Treaty on European Union, which requires the European Parliament to hold an annual debate on the CFSP, should be amended specifically to include the CESDP and that, in that context, the Council should report to it on the progress made in implementing this policy, including the efforts of the Member States to help achieve the target for 2003;

73.   Believes in general that it would be useful if the IGC amended the relevant provisions of the Treaty to take account of the existence of the CESDP alongside the CFSP, which would better demarcate the powers of the Union and those of its institutions;

74.   Regrets the unilateral decision taken by the Council on 14 August 2000 establishing very restrictive access to documents, and insists that an agreement on this question should be reached between Parliament and the Council in order to enable the CESDP to function properly, and at the same time guaranteeing Parliament the possibility of exercising the rights conferred on it by the Treaty;

75.   Welcomes the cooperation which has begun with the NATO Parliamentary Assembly and provides a European and transatlantic forum for discussing security and defence matters;

76.   Believes that it would be desirable, at the present stage, to adapt its own structures to take account of the existence of the CESDP and better control its development;

77.   Proposes, therefore, to set up a special administrative unit of its own to assist its Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy in its work concerning the CESDP and to facilitate the work of the Delegation for relations with the NATO Parliamentary Assembly, which will have to become a permanent delegation;

V. Transatlantic relations

78.   Emphasises that the European Union's efforts to establish the CESDP are compatible with the development of the European Security and Defence Identity (ESDI) within NATO and aim to establish genuine partnership in all fields - political, economic and military - with the United States and Canada;

79.   Is aware that the establishment of a balanced partnership between the European Union and the United States in security and defence and hence in foreign policy requires a reappraisal of each side's position in order to meet this new challenge which will alter the roles that each of the partners has held since 1945;

80.   Regrets to note that the developments set in train at Cologne and Helsinki have not always been seen in their proper light in the United States and that an information effort is required to avoid any misunderstanding; proposes therefore that the Commission Delegation to Washington, in close coordination with the Presidency of the Union and the High Representative for the CFSP, should conduct an information effort directed towards US political leaders; also calls on its Delegation for relations with the United States Congress to raise the matter regularly with members of the US Congress;

81.   Considers that the European Union and the United States, as partners with shared values and interests, need to conduct a sustained dialogue on the great strategic questions, such as the balance of power after the disarmament treaties, and on the major international policy and security issues;

o
o   o

82.   Hopes that specialist European institutes will be used to provide Members of Parliament and European officials assigned to the CESDP with the training they will need to carry out their duties;

83.   Calls on the Commission and Council to examine the possibility of setting up a European Security College at Union level to provide common European training for civilian and military leaders in the institutions of the European Union and its Member States, which would thus foster a common culture in the security and defence fields;

84.   Considers it vital for the European Union to adopt an information policy to explain to the public in the Member States and neighbouring non-Community countries the aims of the Common European Security and Defence Policy that it is seeking to establish; believes that this task should be undertaken jointly by the European Parliament, the Council Presidency, the High Representative for the CFSP and the Commission;

85.   Calls for a wide-ranging democratic debate to be organised on the issues of European security and defence, and for the European Parliament and national parliaments to participate; invites the Council and the Commission, within their respective spheres of competence, to draw up a White Paper on European security, to enable them to pool their thoughts on the short and medium term dangers threatening our continent and to set out guidelines for political action on European Union civil and military interventions;

86.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, of the candidate countries and the European members of NATO which are not members of the EU and of the United States and Canada, the WEU Council, Assembly and Secretary-General, the NATO Secretary-General and Parliamentary Assembly and the Euro-Atlantic Partnership Council.

(1) OJ L 153, 19.6.1999, p.1.
(2) OJ L 123, 13.5.1999, p.14.
(3) OJ L 49, 22.2.2000, p. 1.
(4) OJ L 49, 22.2.2000, p. 2.
(5) OJ L 49, 22.2.2000, p. 3.
(6) OJ L 127, 27.5.2000, p.1.
(7) OJ C 311E, 31.10.2000, p. 213.
(8) OJ C 167, 2.6.1997, p. 99.
(9) OJ C 128, 7.5.1999, p. 86.
(10) Texts Adopted, Item 5.
(11) Texts Adopted, Item 9.
(12) Texs Adopted, Item 5.
(13) OJ L 212, 23.8.2000, p. 9.
(14) Combat Search and Rescue.
(15) Airborne Early Warning & Control Systems.
(16) Texts Adopted, Item 7.


Afghanistan
European Parliament resolution on the situation in Afghanistan
B5-0892/2000

The European Parliament,

-   having regard to the Council Common Position of 15 November 1999 concerning restrictive measures against the Taliban, adopted with a view to the implementation of United Nations Security Council resolution 1267/99,

-   having regard to the Council Common Position of 24 January 2000,

-   having regard to European Parliament and Council Regulation (EC) No 1880/2000(1) of 17 July 2000 extending Council Regulation (EC) No 443/97 on operations to aid uprooted people in Asian and Latin American developing countries,

-   having regard to its previous resolutions on Afghanistan,

-   reiterating the terms of its resolution of 5 October 2000(2) in every respect,

-   having regard to the UN proposal for open-ended peace talks which have been accepted by the Taliban movement as well as by the northern alliance let by Ahmed Shah Massood,

-   having regard to the decision of the European Commission of 26 October to allocate 3.9 euros million of humanitarian aid to Afghanistan in order to continue assisting 30 000 displaced families,

A.   deeply concerned at the offensives launched by the Taliban in the summer, which has led to a fresh upsurge in the fighting,

B.   mindful of the unspeakable suffering borne by the Afghan people during so many years of conflict; highlighting the fact that the most recent fighting is adding to the plight of civilians already badly affected by the drought across the region,

C.   whereas a million Afghans have been maimed by landmines,

D.   considering that Afghanistan is facing the threat of famine from the worst drought in 30 years and considering that it is counted among those countries predictably most heavily affected by the ongoing climate change,

E.   mindful of the millions of uprooted people living in camps or fleeing the systematic human rights violations committed by the Taliban regime on a daily basis,

F.   concerned about reports that tens of thousands of Afghan refugees have been blocked at the borders towards Pakistan and Tajikistan in recent days,

G.   protesting at the extreme forms of psychological and physical repression meted out to women when the Taliban seized power in 1996,

H.   deploring the abuses, arbitrary justice and discriminatory policy to which women are subject in Taliban-controlled territory,

I.   mindful of the rational analysis of Moslem intellectuals, which condemns the Taliban's arbitrary and barbaric interpretation of Sharia law and the systematic violation of the most basic human rights,

J.   whereas the Taliban have refused to allow NGOs to distribute aid to the Afghan people on a basis of equality between the sexes and have expelled them from Kabul,

K.   warning of the risks inherent in all forms of extremism and fundamentalism,

L.   deploring the exponential growth in drug production by the Taliban, the trade in which goes to finance its war against the Northern Alliance, in spite of UNDCP programmes,

M.   whereas the European Union has never funded any UNDCP programme for the development of alternative crops in Afghanistan, and whereas such cooperation ultimately benefits the Taliban regime,

N.   deploring the Taliban's defence of international terrorism,

O.   mindful of the Taliban regime's expansionist designs, which pose a threat to peace and stability in the region,

P.   mindful of the fact that the European Union is the main supplier of humanitarian aid to Afghanistan,

Q.   noting nonetheless that people in Afghanistan do not benefit equally from emergency humanitarian aid programmes,

R.   aware of the uncertainty surrounding the effectiveness of the United Nations resolution and the numerous reported attempts at circumventing it,

S.   convinced that no military solution can restore peace to the country without inflicting further considerable suffering on its population,

T.   noting that neither the Council nor the Commission has hitherto clarified its intentions, despite emphatic calls from Parliament to do so,

1.   Holds that the Taliban's obscurantist ideology is the root cause of the constant human rights abuses in Afghanistan;

2.   Condemns the apartheid practised by the Taliban regime on Afghan soil;

3.   Condemns the Taliban regime's overt support for international terrorism;

4.   Condemns the unacceptable discriminatory policy to which women are subject in Taliban-held territory;

5.   Condemns all foreign interference in Afghan affairs which fans the flames of war, and especially that of Pakistan;

6.   Calls on the neighbouring countries of Afghanistan to keep their borders open for Afghan refugees and calls on the Commission and the EU member states to urgently lend their financial support to recipient countries;

7.   Reaffirms its commitment to efforts to bring about a political settlement whereby the foundations of a government representing the entire Afghan people can be laid and peace, stability and respect for international law and human rights can be restored;

8.   Calls on the Taliban to implement United Nations Security Council resolution 1267 forthwith and unconditionally;

9.   Calls on the Security Council to make all the arrangements required to ensure that its resolution is indeed implemented and, if need be, made more forceful, above all where flight restrictions and the freezing of funds for the Taliban are concerned;

10.   Calls on the UN Drugs Control Programme to acknowledge the ineffectiveness of its own projects within Afghanistan and to halt any kind of direct funding for schemes intended to replace opium poppies by other crops, especially in view of the fact that poppy production has tripled during the project implementation period;

11.   Calls on the Council to impose an embargo on arms sales to the Taliban;

12.   Calls on the Pakistan authorities to halt all forms of military assistance to the Taliban, including troop command, recruitment or deployment, in accordance with the sanctions imposed on Aghanistan by the United Nations Security Council, and to ensure that women and religious minorities are protected and enjoy equal treatment;

13.   Calls on the Council to confirm its genuine resolve to isolate the Taliban regime diplomatically;

14.   Urges the Council to tighten the restrictive measures against the Taliban and its representatives for as long as they continue to terrorise the population;

15.   Urges the Council to work strenuously towards seeking a politically negotiated peace settlement by coordinating its diplomatic moves with Afghanistan's neighbours;

16.   Calls on EU Member States to refuse to establish or continue any economic contacts with the Taliban regime other than humanitarian aid and, in this connection, to strengthen political and humanitarian cooperation with Afghanistan's neighbouring states, which are under threat from the fundamentalist terrorism activities supported by the Taliban;

17.   Calls on each Member State to bring its influence to bear on Afghanistan's neighbours, and Pakistan in particular, with a view to halting any interference which may undermine peace efforts;

18.   Calls on the Council to adopt a new common position which takes account of the developments in the situation and attests to its willingness to act;

19.   Calls on the Commission to take the necessary emergency humanitarian measures and to take special care in ensuring that they are applied evenly throughout Afghan territory;

20.   Calls on the Commission to take urgent steps to dispatch an envoy to ascertain at first hand the most pressing needs of the population from all the parties on the ground;

21.   Calls on the Commission to look into how an emergency food depot for people in northern Afghanistan might be set up quickly in Dushanbe;

22.   Asks in particular the European Union and its Member States to help in the establishment of safe areas in the northern provinces, where the Taliban have so far failed to extend their influence;

23.   Calls for direct implementation of the Ottawa Treaty on Afghan soil and the implementation of special EU assistance to rid the entire country of anti-personnel mines;

24.   Instructs its President to forward this resolution to the Council, the Commission, the United Nations Security Council, the Taliban authorities, the official Government of Afghanistan, and the governments of Pakistan, Saudi Arabia, the United Arab Emirates, India, China, Russia, Iran, Uzbekistan and Tajikistan.

(1) OJ L 227, 7.9.2000, p 1.
(2) Texts Adopted, Item 11.


Gender-related aspects of prevention of armed conflicts
European Parliament resolution on participation of women in peaceful conflict resolution (2000/2025(INI))
A5-0308/2000

The European Parliament,

-   having regard to the United Nations Universal Declaration of Human Rights of 10 December 1948, and to the Vienna Declaration and Program of Action resulting from the World Conference on Human Rights of 14-25 June 1993, in particular paragraphs I 28-29 and II 38 on systematic rape, sexual slavery and forced pregnancy in situations of armed conflict,

-   having regard to the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 18 December 1979, to the United Nations Declaration on the Elimination of Violence against Women of 20 December 1993, and to the United Nations Convention on the Rights of the Child of 20 November 1989,

-   having regard to the General Assembly Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment of 10 December 1984, and to the General Assembly Declaration 3318 on the Protection of Women and Children in Emergency and Armed Conflict of 14 December 1974, in particular paragraph 4 which calls for effective measures against persecution, torture, violence and degrading treatment of women,

-   having regard to the United Nations Security Council Resolution 1265 on the Protection of Civilians in Armed Conflict of 17 September 1999, in particular paragraph 14, requesting that United Nations personnel involved in peacekeeping and peace-building activities have appropriate training in human rights law, including gender-related provisions,

-   having regard to the United Nations General Assembly Resolution 3519 on Women's Participation in the Strengthening of International Peace and Security of 15 December 1975, and to the United Nations General Assembly Declaration 37/63 on the Participation of Women in Promoting International Peace and Cooperation of 3 December 1982, in particular paragraph 12 on practical measures to increase women's representation in peace efforts,

-   having regard to the Beijing Declaration and Platform for Action resulting from the Forth United Nations World Conference on Women of 4-15 September 1995, in particular critical concern area E on Women and Armed Conflict, and to the outcome document of the United Nations Beijing +5 Special Session on further actions and initiatives to implement the Beijing Declaration and the Platform for Action of 5-9 June 2000, in particular paragraph 13 on obstacles to women's equal participation in peace-building efforts, and paragraph 124 on a 50/50 gender balance in peacekeeping missions and peace negotiations,

-   having regard to the International Criminal Court resulting from the Rome Statute of 1998, in particular Articles 7 and 8 defining rape, sexual slavery, forced impregnation, forced sterilisation and any other form of sexual violence as crimes against humanity and war crimes, including as a form of torture and a grave war crime, whether they occur in a systematic or non-methodical manner, and whether these acts occur in international or internal conflicts,

-   having regard to the Geneva Conventions of 1949 and the additional Protocols of 1977, stating that women will be protected against rape, and any other form of sexual assault,

-   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, in particular Articles 3 and 4, which prohibit inhuman treatment or punishment and torture, as well as slavery,

-   having regard to the European Council resolution on Integrating Gender in Development of 20 December 1995, in particular paragraph 19 stressing that a gender perspective must be paramount in emergency operations and crisis prevention,

-   having regard to the Declaration and Agenda for Action of the United Nations Millenium Forum on the Strengthening of the United Nations for the 21st Century of 26 May 2000, in particular paragraph 11 of section B on gender training for all peacekeeping personnel,

-   having regard to its resolution on women in decision-making of 2 March 2000(1) , in particular recital I and paragraph 14 on women's participation in peace-keeping, peace-building and conflict-preventing activities,

-   having regard to its resolution of 13 April 1984(2) on the application of the Geneva Convention relating to the status of refugees, in particular paragraphs 1 and 2 on providing refugee status to women who face harsh or inhumane treatment because they are considered to have transgressed the social mores of the society in which they live,

-   having regard to its resolution of 17 December 1992(3) on the rape of women in the former Yugoslavia, in particular paragraph 2 calling for the recognition of rape as a war crime and crime against humanity,

-   having regard to its resolution of 11 March 1993(4) on the rape of women in former Yugoslavia, in particular paragraph 14 calling for proper medical support for women rape victims, specifically facilities for termination of pregnancy, where that is the woman's wish,

-   having regard to the outcome documents of its public hearing of 26-27 June 1995 on gender specific human rights violations, and its public hearing of 18 February 1993 on rape as a war crime in Bosnia, in particular their recognition of the upheaval that refugee status brings to the lives of women, and the latter's call for financial compensation for victims of rape in armed conflict,

-   having regard to Rule 163 of its Rules of Procedure,

-   having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0308/2000 ),

A.   whereas the Geneva Convention does not refer to acts of sexual violence as a "grave breach crime” or as a specific form of torture thereby making it ambiguous whether sexual violence is always considered a war crime,

B.   whereas women develop strength, power and flexibility in certain situations, recognise abuses and are prepared to take initiatives for their families and for society, thereby bringing about positive changes ,

C.   whereas the United Nations General Assembly Declaration 3318 on the Protection of Women and Children in Emergency and Armed Conflict is technically vague, failing to mention sexual violence or the specific needs of refugee women,

D.   whereas 4/5 of the world's refugees are women and children and 90% of war victims are now civilians, mainly women and children,

E.   whereas rape and sexual violence have been shown to be highly prevalent in refugee camps in, for example, Kenya and Tanzania,

F.   whereas rape as a weapon of war has been documented throughout history, most recently in the former Yugoslavia, Sudan, Liberia, Uganda, Peru, Sri Lanka, Cambodia, Somalia, Rwanda, Bangladesh, as well as in other conflicts,

G.   whereas a wide spectrum of studies demonstrate that the mobilisation of male soldiers - both warring factions and peacekeepers - contributes to the growth of prostitution around military bases and army camps, subsequently increasing child prostitution, and the spread of sexually transmitted diseases,

H.   whereas armed factions in conflicts across the globe, for instance in Liberia, Sierra Leone and Sudan, have captured young girls and women and forced them into sexual slavery,

I.   whereas women who are raped during war are often stigmatised by their local communities and often not provided with health care or psychological trauma services,

J.   whereas several peacekeepers from European Union Member States have been dismissed from United Nations missions for acts of sexual violence in Somalia and Mozambique,

K.   whereas only four European Union Member States - Belgium, France, Italy and Luxembourg - have ratified the Rome Statute out of the sixty states necessary to authorise the International Criminal Court (ICC),

L.   whereas, as a consequence of armed conflict, the breakdown of socio-economic systems and increased levels of poverty, trafficking of women is a growing phenomenon in areas of conflict,

M.   whereas women's peace initiatives often cross warring factions - as in the Middle East, Cyprus and Northern Ireland - and are often undertaken at great risk in areas of extreme conflict - as in Sudan, Lebanon and Russia,

N.   whereas women are often marginalized or excluded from negotiation and diplomacy aimed at ending armed conflicts, as was the case in peace talks in, for example, Burundi, Tajikistan, and most recently in Kosovo,

O.   whereas the rights, priorities and interests of women are frequently ignored in formal peace negotiations,

P.   whereas women's full participation in decision-making, conflict prevention and resolution and all peace initiatives is vital; whereas their participation in peacekeeping missions has not been numerically significant until the 1990s, the increased presence of women in the civilian, military and police components of peacekeeping operations has resulted in improved relations with local communities, which is essential to the creation of a sustainable peace,

Q.   whereas donor attention during demobilisation of military forces and warring factions generally focuses on men, resulting in women often being excluded from aid and development programs associated with reconstruction,

R.   whereas the needs of girl soldiers - who have often been raped, used as sex slaves, had unwanted pregnancies, have venereal diseases and/or AIDS - are generally not incorporated in demobilisation initiatives,

S.   stressing that sustainable peace is in many ways contingent on community-based involvement and ownership of the peace process - a process which can only be legitimate if women are equally involved - and that the role of the international community in supporting civil society networks that link local, national, and international initiatives is crucial to the peace process,

I. The protection of war affected populations

1.   Condemns systematic rape, forced impregnation, sexual slavery, and all other forms of gender-based violence in situations of armed conflict;

2.   Condemns the sexual misconduct of soldiers involved in peacekeeping operations;

3.   Condemns the use of child soldiers of both sexes;

4.   Calls upon the Member States to take all necessary steps to amend Article 147 of the Fourth Geneva Protocol to define rape, forced impregnation, sexual slavery, forced sterilization, and any other forms of sexual violence as grave breaches of the Geneva Conventions;

5.   Calls upon Member States to ratify the Treaty of Rome authorising an International Criminal Court, which formally recognises rape, forced impregnation, forced sterilisation, sexual slavery and any other form of sexual violence as crimes against humanity and war crimes, including as a form of torture and a grave war crime, whether they occur in a systematic or non-methodical manner ;

6.   Calls on the Member States to take action at the United Nations Commission on the Status of Women and advocate the updating of the wording of the Declaration on the Protection of Women and Children in Emergency and Armed Conflict to include sexual violence and the specific needs of refugee women;

7.   Calls on the Member States to take action at the United Nations to ensure the appointment of a Special Rapporteur on women in armed conflict situations;

8.   Calls on the Commission and the Member States to gender sensitise peace and security related initiatives, and to that end:

   (a)
provide training on the gender-aspects of conflict resolution and peace-building to staff engaged in policies concerning conflict at headquarters and in field offices,
   (b)
utilise local gender expertise in field offices,
   (c)
foster research on the development of gender-based violence during and after armed conflicts,
   (d)
provide gender training at an early stage in the training of military personnel so that respect for women becomes a matter of course and a female-friendly atmosphere prevails in the army,
   (e)
ensure that actions against trafficking in women in conflict affected areas form part of such initiatives;

9.   Calls on the Commission and the Member States to integrate a gender perspective in the planning of refugee camps under their funding auspices, and to that end:

   (a)
make sure that all the initiatives they fund are in line with international agreements and norms concerning refugee women, such as the UNHCR guidelines on the Protection of Refugee Women and on the Prevention of and Response to Sexual Violence against Refugees,
   (b)
protect refugees and internally displaced women and children from the possibility of sexual abuse through the provision of appropriate preventive measures at the very stage when camps are divided up,
   (c)
secure the right of women refugees to self-determination through appropriate economic opportunities and equal representation in refugee committees and other decision-making bodies in refugee camps,
   (d)
secure safe conditions of return for women and girls returning to their geographical areas of origin;

10.   Calls on the Commission and the Member States to make available adequate financial resources so that victims of rape and assault in areas with an armed conflict can receive psychological counselling and have the choice between terminating the pregnancy or giving birth discreetly and so that victims of these outrages can be protected;

11.   Calls on the Commission to set aside a certain percentage of the EUR 216 million refugee fund for the training of reception centre civil servants, police officers, and health staff to meet the particular needs of refugee women;

12.   Calls on the Member States to introduce a gender perspective in their refugee policies, and to that end:

   (a)
under specific conditions grant temporary refugee status to women who have been raped or have been subjected to other forms of sexual violence during armed conflict, occupation and/or transition,
   (b)
provide rape victims with treatment for trauma and offer them practical help as outlined in paragraph 14 of its aforementioned resolution of 11 March 1993 on the rape of women in Former Yugoslavia,
   (c)
ensure that detention/reception centres for refugees include separate facilities for non-related men and women, concurrent with the appointment of gender trained staff in the women's section;

II. International efforts to prevent and solve armed conflicts

13.   Calls on the Member States to promote equal participation of women in diplomatic conflict resolution and reconstruction initiatives at all levels, and to that end:

   (a)
recruit more women to the diplomatic services of Member States,
   (b)
train women within the diplomatic corps of Member States in negotiation, facilitation and mediation skills, creating rosters of qualified women for peace and security related assignments,
   (c)
nominate more women to international diplomatic assignments, specifically to senior positions (UN special representatives, peace commissions, fact-finding missions, etc.),
   (d)
increase the percentage of women in delegations to national, regional and international meetings concerned with peace and security, as well as in formal peace negotiations,
   (e)
require international diplomatic peace teams to systematically consult with women's community-based peace groups and organisations, ensuring that their problems and priorities are reflected in the official peace process;

14.   Calls on the Council and the Member States to promote the gender sensitisation of peace, security and reconstruction operations in which they participate, and to that end:

   (a)
make a gender analysis an automatic element in the planning and practice of external interventions. Specifically, analysing the extent to which women's social, economic and political marginalization increase as a result of the conflict, as well as the opportunities for improving women's position as a result of the changed situation,
   (b)
ensure that all military personnel - male as well as female - and specifically peace-building, peacekeeping, and peace-enforcement personnel have thorough gender training,
   (c)
have magistrates and human rights observers accompany peacekeepers to ensure that international law is upheld;

15.   Stresses that current conflicts demand the increased use of non-military crisis-management, which means that new non-military skills are required of peacekeepers, resulting in enhanced opportunities for women, and calls on the Member States and the Council to:

   (a)
include women in all reconciliation, peacekeeping, peace-enforcement, peace building, and conflict preventive posts - including fact-finding and observer missions - in which Member States participate,
   (b)
secure that women participating in peacekeeping operations are bound by United Nations norms and international human rights principles and not by discriminatory local restrictions,
   (c)
promote the use of all female fact-finding and assistance teams to respond to sexual violence and other situations where demanded by the cultural context;

16.   Stresses that reconciliation of deep-seated conflicts present an unequalled opportunity to create the framework for a democratic and equal society, and to that end, calls on the Commission and the Member States to promote constitutional protections of women's equality in the design of the peace accords;

III. Community-based participation in the prevention and resolution of armed conflicts

17.   Points out that most women are traditionally associated with non-violence, while their lives and value systems are interwoven with the protection of life, dialogue, reconciliation, negotiation and the peaceful settlement of disputes, values which may provide an alternative solution to the modern culture of violence and lay the foundations for a new culture, the culture of peace, the strengthening of dialogue at all levels, the equitable distribution of the planet's resources and respect for racial, religious and cultural differences;

18.   Stresses the importance of active local involvement in the peace and reconciliation process; and calls upon the Member States and the Commission to:

   (a)
support the creation and strengthening of non-governmental organisations, including women's organisations, active in conflict prevention and in post-conflict peace and reconstruction work,
   (b)
work towards the education of women's organisations in non-violent conflict resolution;

19.   Calls on the Member States and the Commission to systematically promote the participation of women in the official conflict resolution process, and to that end:

   (a)
encourage that warring factions incorporate women into their peace negotiation teams,
   (b)
ensure that gender inequalities and repercussions are discussed systematically in each area of negotiation,
   (c)
ensure that the peace process is deeply rooted, through requesting that warring factions incorporate civil society representatives into their peace negotiation teams,
   (d)
support public awareness raising campaigns and debates about the contents of the peace negotiations;

20.   Calls on the Commission and the Member States to ensure that women who are frequently the most vulnerable, and who often have a crucial role in the rebuilding of their societies, are not marginalised by inappropriate demobilisation and reconstruction initiatives, and to that end:

   (a)
promote a public debate in post-conflict regions concerning gender-based abuses in order to avoid a repetition of violence,
   (b)
ensure that both women and men benefit from reconstruction initiatives, specifically that female ex-combatants are not excluded or made worse off from demobilisation programs,
   (c)
set aside a specific percentage of demobilisation and reconstruction funds for women's political and economic empowerment,
   (d)
pay particular attention to the specific rehabilitation needs of girl soldiers within demobilisation initiatives;

21.   Calls on the Commission and the Council to inform the European Parliament on an annual basis on the progress, programmes and initiatives undertaken as a consequence of this resolution

22.   Calls on the Council, Commission, and the UN Secretary General to in all reporting on peace and security related initiatives include a chapter covering gender related aspects;

o
o   o

23.   Instructs its President to forward this resolution to the Council, the Commission, and the UN Secretary General.

(1) Texts Adopted, Item 7.
(2) OJ C 127, 14.5.1984, p. 137.
(3) OJ C 21, 25.1.1993, p. 158.
(4) OJ C 115, 26.4.1993, p. 149.


Regulating domestic help
European Parliament resolution on regulating domestic help in the informal sector (2000/2021(INI))
A5-0301/2000

The European Parliament,

-   having regard to the fifth indent of Article 137(1) of the Treaty establishing the European Community,

-   having regard to ILO Convention C177 on Home Work,

-   having regard to the International Labour Office's International Standard Classification of Occupations, ISCO-88,

-   having regard to its resolution of 4 November 1999(1) on the Commission's draft Joint Employment Report 1999 (SEC(1999) 1386 - C5-0215/1999 ),

-   having regard to its resolution of 21 September 2000(2) on the Commission Communication on undeclared work (COM(1998) 219 - C5-0566/1998 - 1998/2082(COS) ,

-   having regard to Rule 163 of its Rules of Procedure,

-   having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0301/2000 ),

A.   whereas 'domestic help' is a concept that has not been defined,

B.   whereas the proportion of women in paid employment is constantly increasing,

C.   whereas it is very difficult to ascertain the extent of the black economy and of undeclared domestic work,

D.   whereas undeclared work has important repercussions on national budgets and residents' incomes,

E.   whereas domestic work, by its very nature, is more likely to involve working flexible or split timetables for a number of different employers while earning minimal salary, which is generally undeclared,

F.   having regard to the number of families in which both parents work full time,

G.   having regard to the increasing number of single-parent families,

H.   whereas there has been a considerable increase in demand for domestic help as a result of changes in family circumstances, work circumstances, the way time is spent and the interests of both men and women,

I.   whereas the demand for such help continues to increase, as does the extent of undeclared working,

J.   whereas there has been an increase in the number of elderly people living alone and needing domestic help,

K.   having regard to the difference in, or indeed lack of, provisions to regulate domestic work in some Member States,

L.   whereas, even in diplomatic missions, employers regularly abuse their status vis-à-vis their employees,

M.   whereas there is a need to establish a special legal framework which affords all domestic employees the protection of labour legislation and the subjective rights deriving therefrom,

N.   having regard to the commendable efforts made by certain Member States to set up local or regional organisations to regulate the supply and demand of domestic help,

O.   having regard to the results of the introduction of service employment cheques in France and Belgium,

P.   having regard to the large number of female migrant workers,

Q.   whereas the majority of female migrant workers are employed as domestic workers,

1.   Calls for a European definition of domestic work to be drawn up;

2.   Calls on the Member States to draw up and regularly update statistics on undeclared domestic work with a view to obtaining a more accurate picture of the scale of the problem;

3.   Calls on the Member States to conduct a more detailed study of undeclared domestic work and of its costs to and repercussions on national budgets, the employment market and private individuals;

4.   Calls for work of this kind to be recognised as an occupation in its own right;

5.   Takes the view that the domestic work sector in principle falls within the scope of existing directives on employment and occupations and should also be covered by future guidelines - to be included in the guidelines on employment - with a view to eventually establishing European rules on the social rights of workers, the adjustment of supply and demand in the sector, access to training and co-funding of contributions by the public authorities;

6.   Calls for due account to be taken, when drawing up directives and other legislation, of the specific work situations and employment relationships of domestic workers, including their isolation and their atypical relationship with their employer(s);

7.   Calls on the Member States to involve the social partners closely in the implementation of the guidelines for the domestic work sector;

8.   To improve the image and the status of the occupation of domestic work, recommends that the Member States introduce the following measures:

   -
a definition of the tasks performed, and clear provisions laying down the maximum number of hours to be worked and the limits thereon,
   -
specific and comprehensive social security cover for persons pursuing this occupation, which should take account of the wide range and potential hazards of the tasks involved and entitle the worker to social insurance cover and other rights, including a decent pension on retirement,
   -
the creation of conditions for ensuring quality jobs by organising professional training courses,
   -
the setting up of reception facilities to encourage the integration of such workers into society,
   -
awareness raising and information campaigns for employers and employees concerning their rights and duties;

9.   Recommends, as a way of structuring the organisation of the market for paid domestic work, that the Member States introduce a framework by means of, for example, businesses providing domestic services, NGOs and local employment agencies;

10.   To combat the increasing amount of undeclared work in this sector, calls for the introduction of the following measures at national level:

   -
adjustment of prices and costs to take account of individuals' financial resources,
   -
simplification of administrative formalities with regard to the requirement for private employers to declare their employees,
   -
making domestic services tax-deductible to reduce the difference in cost between employing undeclared and declared workers;

11.   Stresses the importance of introducing in all the Member States the principle of declaring all employment relationships;

12.   Stresses the importance of making both employees and employers aware of their rights and obligations under their employment relationship;

13.   Stresses the importance of developing the social dialogue at sectoral level, as this is the negotiating forum that is closest to the problem and thus most likely to generate proposals to combat undeclared work and create new long-term employment; stresses also the need to bring domestic work within the scope of the general framework of labour legislation and associated collective agreements;

14.   Recommends that specialised reception centres be set up for female migrant workers to provide the psychological and psychiatric help required by migrant women who have suffered mental or physical or sexual abuse and any assistance needed to draw up applications to regularise their situation if they have temporary residence permits, as well as help with legal action against persons who have exposed such women to sexual and psychological oppression;

15.   Also calls for such reception centres to distribute information leaflets to provide them with all the information and addresses they require in relation to their residence in the Member State;

16.   Considers that, in the context of recognising domestic work as an occupation, female migrant workers should be eligible for regular work permits;

17.   Recommends that Member States' relevant national bodies consider in detail the specific situation of migrants as domestic employees;

18.   Calls on Member States to link the issue of visas for domestic employees working for diplomats to a guaranteed minimum level of working conditions;

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

(1) OJ C 158, 7.6.2000, p. 43.
(2) See minutes of the sitting, Part II, Item 13.


Commission reform: budgetary aspects
European Parliament resolution on the Commission White Paper on reforming the Commission (aspects concerning the Committee on Budgets) (COM(2000) 200 - C5-0447/2000 - 2000/2217(COS) )
A5-0327/2000

The European Parliament,

-   having regard to the White Paper on reforming the Commission COM(2000) 200 - C5-0447/2000 ),

-   having regard to the EC Treaty and, in particular, Article 274 thereof,

-   having regard to Letter of Amendment No 1/2001 to the preliminary draft budget for 200 (12071/2000 - C5-0518/2000 ),

-   having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1) ,

-   having regard to the first and second reports of the Committee of Independent Experts, Vols. I and II: analysis of current practice and proposals for tackling mismanagement, irregularities and fraud,

-   having regard to its resolution of 23 March 1999 on the Commission working document on the recasting of the Financial Regulation(SEC(1998) 1228 - C4-0689/1998 )(2) ,

-   having regard to its resolution of 19 January 2000 containing its observations on the action to be taken on the second report of the Committee of Independent Experts on reform of the Commission(3) ,

-   having regard to Rule 47(1) of its Rules of Procedure,

-   having regard to its other resolutions of 30 November 2000 on the White Paper on reforming the Commission(4) ,

-   having regard to the report of the Committee on Budgets (A5-0327/2000 ),

A.   whereas a large number of operational failures and mismanagement were at the root of the resignation of the Commission in March 1999, and whereas there is a need to restore public confidence in the European institutions,

B.   whereas it is for all the institutions to participate actively in the reform of the Commission, within the limits of the powers and responsibilities conferred upon each of them by the EC Treaty,

C.   whereas, under the terms of Article 274 of the EC Treaty, the Commission implements the budget on its own responsibility, and whereas, therefore, it must allocate its resources in such a way as to serve the political priorities established by Parliament and the Council as the budgetary authority,

D.   whereas, over recent years and in the wake of the problems encountered in programme implementation, with particular regard to external programmes, Parliament has called on the Commission to undertake a comprehensive review of its human resources with a view to enabling the budgetary authority to identify the reasons for late payments and to ascertain whether any additional resources were required,

E.   whereas the financial perspective for the period 2000-2006 imposes ceilings on each category of expenditure,

F.   whereas the reform of the Commission will entail a large number of specific legislative and budgetary decisions on which Parliament will take a position on a case-by-case basis in accordance with current procedures,

G.   whereas consultation of Parliament on the White Paper should therefore provide an opportunity for the establishment of principles which must not in any way encroach on the Commission's independence as regards its internal organisation but, on the contrary, should enable it to carry out its role successfully within the institutional balance established by the Treaties,

Chapter II A culture based on service

1.   Notes the direct impact that a more efficiently organised Commission cannot fail to have, not only as a result of the optimum use of human resources but also because of the effect on the implementation of appropriations;

2.   Takes the view that Parliament has a specific responsibility towards the citizens of the European Union, must stand as guarantor for the proper functioning of the European public service and, as one arm of the budgetary authority, must ensure that public monies made available to the European Union are properly used and that the use thereof reflects its political priorities in the expenditure that it authorises;

3.   Reiterates its intention of giving firm backing to the Commission in its efforts to reform and to modernise its operations in strict compliance with the institutional balance established by the Treaties;

4.   Takes the view that the reform must not be restricted to the attainment of a mathematical balance between tasks and resources, nor to mere cosmetic changes to procedures, but that it must contribute to the consolidation of the process of European integration by means of an in-depth reorganisation of structures and methods so that the Commission fully assumes its responsibilities, with particular regard to management, and can ensure optimum use of financial resources allocated to it by the budgetary authority;

5.   Supports the efforts being made to develop a new culture geared to results and performance criteria, provided that culture takes into account the difficulties involved in certain tasks where the cost-benefit ratio may be high but which are required for the fulfilment of certain political priorities;

6.   Takes the view that decentralisation and delegation of authority are essential tools in a modern and efficient administration which entrusts responsibility to its staff, provided that power of decision and of supervision are guaranteed both inside and outside the institution;

7.   Recalls that the human and financial resources made available to the Commission for informing citizens and communicating with them are provided by the Union and that they must be used to deliver a common message which reflects its political priorities; believes that information policy must be pursued on an interinstitutional basis;

8.   Calls for the reform to be used as an opportunity to improve the Union's efficiency in programme implementation:

   -
in the case of subsidies granted to direct beneficiaries whose projects have been selected on the basis of criteria established by the legislative and budgetary authority, by the payment of instalments directly after selection of the projects, accompanied by internal and external supervision to ensure that the funds have been properly used,
   -
in the case of external programmes, by the fixing of realistic objectives which seek to clear the backlog and to restore balance in the ratio between commitments and payments, by the adoption of measures which enable contracts in force to be suspended, should political priorities have changed, and by consistency between political commitments, legal conditions and on-the-spot feasibility;

9.   Welcomes the various codes of conduct established as part of the reform; regrets that Parliament could not give its views before their entry into force;

10.   Emphasises that the sole objectives of such codes of conduct must be to translate principles common to all the institutions so as to strengthen the consistency and the specific nature of the European public service, to increase the transparency of the consultation and interinstitutional decision-making process and, finally, to restore the confidence of the staff and of the general public in the European institutions, without impeding the smooth running of the Commission;

Chapter III Priority-setting, allocation and efficient use of resources
Activity-based budgeting

11.   Notes the Commission's determination gradually to introduce a new budgetary nomenclature through the establishment of activity-based budgeting (ABB);

12.   Welcomes every effort seeking to improve transparency of management and of evaluation as well as the principle of changes to the current nomenclature with a view to making visible the cost and performance of Community policies;

13.   Stresses that establishing activity-based budgeting must not involve any increase in rigidity in the allocation of human resources by the Commission's services and should allow, where necessary, new tasks to be assumed and carried out;

14.   Points out that, on many occasions during previous budgetary procedures, it has objected forcefully to the Commission's misuse of the current nomenclature, with administrative expenditure being charged to operating appropriations (mini-budgets, TAOs) and has sought to restore transparency by means of ceilings or remarks which enable expenditure to be identified according to its nature in the context of the intended purpose;

15.   Draws the Commission's attention, nevertheless, to the risks of confusion that might arise from a one-size-fits-all approach in which the powers of the budgetary authority as regards the allocation of administrative appropriations would be reduced as a result of the specific presentation of expenditure by intended purpose, since that would entail a loss of visibility of the nature of the expenditure; is totally opposed to the introduction of a system which would not guarantee either the transparency of the analysis or its powers of decision on the allocation of human and administrative resources; is nevertheless prepared to consider ABB in parallel to the current nomenclature and as a part of a future, wider system of defining objectives, priorities and performances (ABM);

16.   Emphasises that the total replacement of the current nomenclature by the ABB method would entail, on the one hand, prior amendment of Article 19 of the Financial Regulation, which establishes the distinction between Part A (administrative appropriations) and Part B (operating appropriations), and, in the long run, the abolition of heading 5 of the financial perspective which covers the institutions' administrative expenditure; points out that such decisions require the agreement of the budgetary authority and of the other institutions;

17.   Recalls, finally, that, while Article 274 confers on the Commission the power to implement the budget on its own responsibility, it is not empowered to change the institutional balance; urges the Commission not to undermine, by setting its own priorities, the political priorities set out by Parliament and Council as the budgetary authority; instructs its committee responsible to monitor closely this part of the reform on an interinstitutional basis;

Externalisation and commitology

18.   Welcomes the decisions on externalisation taken by the Commission set out in Letter of Amendment No 1/2001; notes that they respond to the requirements of:

   -
Parliament, which, after deploring the failures of the mini-budgets and the TAOs, proposed solutions which were radical as regards the principles to be adhered to and balanced as regards the procedures for their implementation, since it was concerned not to impede the current Commission, which is already facing problems because of the resignation of the previous Commission, in the management of its programmes,
   -
the Commission, whose authority in the exercise of its implementing powers and its power to represent the public authority has been strengthened,
   -
the management of Community policies, where improvements should become apparent in terms of their efficiency, transparency and cost;

19.   Approves, therefore, the findings set out in the report drawn up by the Planning and Coordination Group, the conceptual bases of which were largely inspired by Parliament: delegation of responsibilities to Community-based public implementing agencies and outsourcing to the private sector limited strictly to implementing tasks without any public authority dimension in the form of one-off contracts for the provision of services;

20.   Takes the view that responsibility for the financial management of Community programmes lies solely with the Commission and that, accordingly, committees consisting of representatives of the Member States should have no power of decision as regards management so as to ensure that national interests at odds with the principle of subsidiarity may not intervene;

21.   Warns the Commission about the risks of confusion of responsibilities which certain forms of decentralisation would involve for mixed public bodies, both national and Community, and points out that the planning and verification of the implementation of decentralised tasks must remain exclusively within the remit of the Commission, which must assume total responsibility for these, with monitoring being carried out by Parliament and the Court of Auditors; expects the Commission to adhere to the timetable for the dismantling of the TAOs and to submit without delay a proposal for a legal framework for the creation of Community implementing agencies in order to reduce the transitional period to a minimum;

22.   Believes, in this connection, that resumption of the monitoring of the process for externalising tasks constitutes an essential element in strengthening the Commission's executive role within the meaning of Article 274 of the EC Treaty; takes the view that the process of resuming control of implementation must be continued, in particular via a reform of the commitology procedure;

23.   Calls on the Commission to refrain in future from including intervention by management and regulatory committees in its legislative proposals whenever those proposals refer to expenditure programmes;

Chapter IV Human resources

24.   Notes that, while the second report of the Committee of Independent Experts found that the imbalance between the human resources available to the Commission and the new tasks entrusted to it over the last ten years constituted a major obstacle to its efficient operation, and while the Members of both the previous and the present Commission broadly acknowledged the truth of that finding, the Commission has never undertaken a wide-ranging consideration of policy nor submitted to the budgetary authority a comprehensive request based on an evaluation of existing and new tasks and of the challenges ahead, such as enlargement, and is satisfied with tabling a report with a request for an increase in staff appropriations accompanied by a tentative list of activities to be discontinued or reduced - such as LIFE, SAVE and ALTENER - if this request is not agreed to;

25.   Recalls that, well before the launch of the reform, and with a view to the negotiations concerning the new financial perspective (2000-2006), Parliament had called on all the institutions, including the Commission, to submit an assessment of their human resources requirements;

26.   Notes Letter of Amendment No 1/2001, which sets out a proposal for the additional expenditure arising from the reform, and takes the view that it should in principle be considered in connection with the 2001 budget;

27.   Notes that the Letter of Amendment does not require any changes to the financial perspective but that the additional appropriations requested will account for a large proportion of the surplus below the ceiling for heading 5, in particular in 2002/2003; is concerned at the financing requirements of the other institutions which may arise during the period or the funding of other new expenditure; notes that the total cost of the Letter of Amendment amounts to an additional EUR 540 million over the period covered by the financial perspective;

28.   Supports the internal attempts envisaged to redeploy staff and improve productivity; regrets, however, that redeployment measures will affect no more than 4% of the staff and asks the Commission to explain to Parliament the criteria selected for the abandonment or reduction in the scale of certain activities;

29.   Takes the view that, with a view to budgetary rigour and in order to optimise career development opportunities, new officials in all categories should preferably be recruited in the basic grade; considers, furthermore, that the importance of management training must be duly emphasised when job specifications are drawn up; stresses the need to achieve adequate specialisation in the Commission's external services; believes that career plans should be updated;

30.   Is prepared to consider in connection with the 2001 budgetary procedure the procedures for a proposal concerning early retirement and is confident that such a measure could be implemented, given the provisions of the Staff Regulations of Officials; reiterates that early retirement measures should on no account be allowed to obscure the main priorities of the reform;

31.   Calls on the Commission to clarify to what extent the increase in staff, requested in Letter of Amendment No 1/2001, is in anticipation of additional staffing requirements as a result of enlargement; points out that a decision on the request for an increase in staff in 2002 will depend on the impact that the additional posts granted in 2001 have on the implementation of programmes and payment of appropriations;

32.   Calls for this issue to be entered on the agenda for the next trialogue meeting so that the budgetary authority may:

   -
negotiate as to the principle,
   -
assess the budgetary implications, and
   -
take a joint decision on the appropriations required;

Chapter V Audit, financial management and control
Financial Regulation

33.   Recalls its position of 5 October 2000(5) on the fast-track proposal concerning the future arrangements for financial control in the institutions; takes the view that the quality of ex ante financial control must be guaranteed; emphasises the need to ensure appropriate independence for financial control delegated to the various directorates-general of the Commission;

34.   Regards it as illogical that changes made to the Financial Regulation governing procedures for the drawing up and implementation of the budget are determined by just one of the two arms of the budgetary and legislative authority - the Council - after simple consultation of the other arm - Parliament; repeats the request it drew up for submission to the IGC so that the codecision procedure may henceforth be applicable to this area and declares its political intention to introduce the requisite legal changes right away;

35.   Urges the Commission to take into account its specific requests expressed on many occasions, most recently in its aforementioned resolution of 23 March 1999, and, in particular:

   -
the possibility of suspending appropriations during a financial year, should implementation prove difficult or performance be poor,
   -
the strengthening of the primacy in law of the Financial Regulation over internal implementing procedures,
   -
improvement of the information supplied to Parliament about implementing conditions under the budgetary and discharge procedures,
   -
harmonisation of current provisions governing the decentralised agencies, and total inclusion of their budgets and their establishment plans in the general budget;

Decentralisation of management and rationalisation of structures

36.   Is prepared to take into account, in the budget and within the limits of the resources available, the additional cost arising from the reform with a view to improving the efficiency and transparency of management and, in particular, the impact on the budget of the internalisation of some tasks previously delegated and of the decentralisation of financial and control units and, finally, the strengthening of the role of external delegations in programme management;

37.   Supports more decentralised management on condition that the Commission undertakes to structure the chain of delegation of authority in such a way that responsibility is always identifiable at the technical and political levels and that the posts required are found initially through redeployment and only subsequently through the creation of new posts;

38.   Welcomes the efforts made to improve the Union's external representation by means of the restructuring of the delegations; takes the view, however, that those efforts are inadequate and must be continued along the lines put forward by Parliament, with particular regard to regionalisation and horizontal redeployment in relation to the scale of the funds allocated to the programmes;

o
o   o

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

(1) OJ C 172, 18.6.1999, p. 1.
(2) OJ C 177, 22.6.1999, p. 15.
(3) OJ C 304, 24.10.2000, p. 135.
(4) Texts Adopted, Items 15, 16 and 17.
(5) Texts Adopted, Item 5.


Commission reform: budgetary control aspects
European Parliament resolution on the Commission White Paper on reforming the Commission (aspects concerning the Committee on Budgetary Control) (COM(2000) 200 - C5-0445/2000 - 2000/2215(COS) )
A5-0329/2000

The European Parliament,

-   having regard to the White Paper on reforming the Commission (COM(2000) 200 - C5-0445/2000 ),

-   having regard to the EC Treaty and, in particular, Article 274 thereof,

-   having regard to its resolution of 19 January 2000 containing its observations on action to be taken on the second report of the Committee of Independent Experts on the reform of the Commission(1) ,

-   having regard to Rule 47(1) of its Rules of Procedure,

-   having regard to its other resolution of 30 November 2000 on the White Paper(2) ,

-   having regard to the report of the Committee on Budgetary Control (A5-0329/2000 ),

A.   whereas it is vital that the current Commission comply with the undertakings it gave Parliament during and after its investiture concerning the fundamental principles of transparency, efficiency and accountability, as well as the administrative reform process,

B.   whereas the proposals contained in the White Paper are to a large extent drawn from the second report of the Committee on Independent Experts, which Parliament has already welcomed in paragraph 1 of its abovementioned resolution of 19 January 2000,

C.   whereas, by virtue of the principle that the Union institutions should enjoy autonomy in determining their internal organisation, it is the Commission's responsibility to equip itself with the optimum organisational structure and operating methods so as to fulfil to the best of its ability the tasks assigned to it by the Treaties, and whereas Parliament makes a positive contribution to this,

D.   whereas, however, by virtue of the powers and responsibilities conferred on it by the Treaties, Parliament has to exercise control over the Commission on the basis of the results of all the latter's activities, including the implementation of the EU budget,

E.   whereas the events which dominated the discharge procedure for 1996 were caused in part by the failure of previous Commissions to modernise management and control systems and by their failure to apply fully the existing set of rules,

F.   whereas, therefore, the effectiveness of the reform proposed in the White Paper will be judged to a large extent by its results in terms of the use made of the financial and human resources concerned and also by the application of the relevant financial provisions being monitored and implemented with appropriate supervisory and sanction mechanisms,

G.   whereas, pending the entry into force of the new Financial Regulation, Parliament adopted on 5 October 2000 its position on the proposal for a Council regulation amending the Financial Regulation and separating the internal audit function from the ex ante control function (Article 24(5) of the Financial Regulation)(3) , with the aim of avoiding legal grey areas and uncertainties,

H.   whereas the specific features to be found in the organisational and budgetary structure of the various institutions and advisory bodies of the Union mean that a degree of flexibility is justified in determining the new provisions governing control and audit procedures and this should be reflected in their respective internal rules, while ensuring that the core principles of sound financial management and control are applied throughout all the institutions,

General remarks

1.   Reiterates its view that a strong, independent, transparent and efficient Commission is one of the cornerstones of European integration; in this connection, considers that the reform process must be pursued unflaggingly and that Parliament, which initiated the process through its decision on the 1996 discharge, must play its full part in a positive and constructive manner;

2.   Welcomes the fact that the proposals in the White Paper to a large extent follow the recommendations put forward in the second report of the Committee of Independent Experts, as Parliament had specifically requested in paragraph 7 of its abovementioned resolution of 19 January 2000;

3.   Believes that it is the Commission's responsibility, acting within the legal framework laid down by Parliament and the Council, to decide on its internal structures and working methods and to ensure that they achieve optimum use of financial resources; points out that, under the Treaties, Parliament is required to exercise its powers of control over the Commission, on the basis of all the activities carried out by the latter and particularly as regards implementation of the Community budget; stresses that, far from restricting Parliament's powers of control, this separation of roles enables it to exercise them effectively;

4.   Notes the emphasis placed by the Commission on the need to ensure that the human resources available to it are sufficient to enable it to perform the tasks assigned to it; recalls that it was Parliament itself which, in paragraphs 2, 15, 18 and 25 of its resolution of 4 May 1999 on the accounts of the European Communites in respect of the 1996 financial year(4) , asked the Commission to review its human resources management in the light of policy priorities after noting that a number of the problems pinpointed in the 1996 discharge were due to a shortage of human resources which had prompted the Commission to commit the mistake of delegating public administration prerogatives to external technical assistance offices;

5.   Calls on the Commission to forward to Parliament the projected staffing plan showing all staff movement (retirement, early retirement, internal movement, recruitment etc.) for the period during which the administrative reform is to be implemented;

Standards of behaviour in public life

6.   Notes the establishment of a set of codes of conduct for the Commission (code of conduct for Commissioners, code of conduct governing relations between Commissioners and departments and code of good administrative behaviour for Commission staff in their relations with the public); reiterates its view that these texts should have a legal basis; calls, therefore, on the Commission to incorporate the first two codes referred to into its Rules of Procedure pursuant to Article 218(2) of the EC Treaty, as it has just done in its decision of 17 October 2000 amending its Rules of Procedure(5) for the third code of conduct, and to make provision for sanctions in the event of non-compliance;

7.   Welcomes the Commission's proposal to establish, by means of an interinstitutional agreement, a committee on standards in public life; considers that such a committee should have a purely advisory role, and that its membership should be subject to approval by the European Parliament; considers that this committee should play a different role towards different groups within the institutions, and that, in particular, the independence of Members of the European Parliament and Parliament as an institution must be guaranteed; also takes note of the introduction of sectoral codes, such as the code of ethics for staff in the Internal Audit Service (IAS) (see Action 68); stresses that this proliferation of codes should not result in confusion and lack of clarity as regards the rules in force and stresses the importance of ensuring that these codes are consistent with staff regulations (see Actions 55 and 56);

8.   Notes the drawing up of a regulation on public access to European Parliament, Council and Commission documents to be adopted under the codecision procedure, which will replace the existing codes of conduct of the three institutions in this area; rejects the restrictive nature of the Commission proposal and insists that the provisions in the regulation respect the right to access enshrined in Article 255 of the EC Treaty; rejects the recent decision by the Council to exclude an entire category of documents from the existing rules governing access to documents;

Framework agreement between Parliament and the Commission

9.   Points out that it will judge the recent framework agreement between the two institutions(6) on its merits in practice; in this connection, stresses its determination to safeguard its right pursuant to the third paragraph of Article 197 of the EC Treaty and also its right of access to Commission documents, so as to perform fully the role assigned to it, in particular by Article 276(2) of the EC Treaty;

Speeding up payments

10.   Accords the utmost importance to speeding up the payment of sums due by the Commission, currently subject to frequently unacceptable delays; calls on the Commission to take steps to ensure that the target it has set (payment in 60 days for 95% of invoices by 2002 - see Action 10) can be achieved as quickly as possible; requests also that the creditors concerned should be entitled to interest on late payments and that the audit reports should pay special attention to late payments; welcomes the creation of a register of received invoices in the Commission but regrets that this had not been in existence until now;

11.   Calls on the Commission to inform the European Parliament on a regular basis about the progress made regarding payment deadlines;

Activity-based management

12.   Strongly endorses the introduction of a system of activity-based management, an integral part of which is the inclusion in the planning and programming process for subsequent years of an evaluation of the management systems of the Commission's directorates-general by the new Internal Audit Service;

13.   Notes with interest that an annual activity report for each directorate-general (see Action 13) will be published for the first time in January 2001 and expects that this will provide a useful supplement to the information traditionally provided in the revenue and expenditure account and financial statement provided for in Article 275 of the EC Treaty; reiterates its demand that this report should include a detailed financial statement, including a precise payment error rate as well as annual targets for reducing this rate;

Externalisation strategy

14.   Notes the Commission's argument that it should focus on the responsibilities conferred on it under the provisions of the Treaties; notes the criteria adopted by the Commission to guide decisions on externalising activities; stresses in particular, in view of the cases brought to light during the 1996 discharge, that a preponderant role should be given to criteria such as cost-effectiveness, as well as the Commission's capacity to fulfil its responsibilities for budget implementation and its powers of control over external activities;

15.   Takes note of the Commission communication of 26 July 2000 entitled "Matching the Commisison's activities with its human resources - the means to achieve our objectives" (SEC(2000) 2000 ) the list of activities and tasks for which the Commission is considering whether externalisation would be feasible and appropriate; opposes the externalisation of activities related to checks and monitoring; wishes to reserve its final position on externalisation pending the forthcoming Commission communication which, inter alia, will focus on the regulatory framework for the implementing agencies;

Management performance

16.   Welcomes the measures designed to improve management standards and develop a culture of accountability, the lack of which was severely criticised by the Committee of Independent Experts:

   -
merit-based appointments to senior management posts (A1 and A2) - a requirement laid down in the Staff Regulations that applies to all posts (see Action 21);
   -
introduction of a probationary period for officials in the abovementioned grades and individual performance appraisal (see Action 22);

17.   Calls on the Commission to draw up the job descriptions of all A1- and A2-grade staff as soon as possible and to forward them to Parliament forthwith;

18.   Calls on the Commission to ensure that the positive measures relating to senior management staff are carried out in practice; regrets that not all appointments have been made under conditions of full transparency;

19.   Notes with satisfaction that the White Paper responds to Parliament's request in its abovementioned resolution of 19 January 2000 that the Commission carry out a comprehensive reform of its human resources policy, particularly as regards recruitment policy (Section XII), staff appraisal and promotion (Section XIII), career guidance, mobility and under-performance (Section XIV), training (Section XV), etc.; notes that in most cases the planned measures will require amendments to the Staff Regulations and will express its final position in the context of that process;

20.   Is prepared to consider, in connection with the 2001 budgetary procedure and the measures provided for in Letter of Amendment No 1/2001 (12071/2000 - C5-0518/2000 ), the procedures for a proposal concerning early retirement and is confident that such a measure could be implemented, given the provisions of the Staff Regulations of Officials; reiterates that early retirement measures should on no account be allowed to obscure the main priorities of the reform;

21.   Acknowledges the need for the Commission to adjust its activities and priorities in line with the human resources available; calls on the Commission to explain the proposed reduction in staff dealing with checks on own resources; notes that the list of activities to be abandoned or reduced, in Annex 3 to the abovementioned communication, is indicative and must obtain political consent; reminds the Commission of its duty to fulfil all the obligations stemming directly from the Treaties, including the Euratom Treaty;

Audit, financial management and control

22.   Fully supports the aim of instilling a genuine sense of responsibility among officials who take decisions with financial implications and the abolition of any measures which discourage authorising officers from taking responsibility for the transactions they manage;

23.   Stresses that separating the tasks of authorising and effecting expenditure should be pursued and intensified in connection with a necessary decentralisation of expenditure-related decision-making and monitoring procedures;

24.   Confirms paragraph 37 of its abovementioned resolution of 19 January 2000 on the second report of the Committee of Independent Experts and also the call made in that paragraph concerning an external budgetary discipline body which would be responsible for ensuring the effective application of the provisions in the Financial Regulation and the Staff Regulations concerning the financial liability of officials and other staff for the damage their actions cause; calls on the Commission to explain the reasons why it has taken no action to date on this recommendation;

25.   Stresses that placing greater emphasis on the responsibility of directors-general for the internal control of their directorates-general in no way releases the respective Commissioners from their own political responsibility for the functioning of their departments, as stressed in the first report of the Committee of Independent Experts;

26.   Reminds the Commission that, pending the entry into force of the new Financial Regulation, Parliament has adopted a resolution on 5 October on amending Article 24(5) of the current Financial Regulation, with the aim of avoiding legal grey areas and uncertainties;

27.   Notes with satisfaction the Commission's decision to decentralise financial control within each directorate-general, a measure which must comply with the conditions set out in the second report of the Committee of Independent Experts, in Opinion No 4/97 of the Court of Auditors(7) and in the letter of 17 February 2000 from the President of the Court on the audit activities of the Commission and other bodies working on behalf of the Commission;

28.   Notes the Commission's undertaking to maintain the centralised ex ante visa if some spending departments do not reach the 'high standards' pursued by the reform by the time the new Financial Regulation enters into force, and to do so for as long as is necessary; in this connection, considers the information provided by the Commission to be lacking, in that no indication is given as to how it will determine whether the departments in question have reached the required level; calls therefore on the Commission to remedy this shortcoming immediately; also expects the new Financial Regulation to result in a qualitative rather than quantitative improvement in the financial control systems;

29.   Calls for across-the-board ex ante checks to be replaced by targeted ex ante checks carried out on the basis of risk analyses or at the request of the authorising officer concerned;

30.   Considers that the new provisions governing control and internal audit should take account of the specific characteristics of the organisational and budgetary structure of the various institutions and advisory bodies, which should be reflected in their respective internal rules; also considers, however, that the core principles of sound financial management and control must be applied throughout all the institutions;

31.   Calls for the Internal Audit Service to become fully operational as soon as possible and also for the audit reports to be as regular as possible;

32.   Calls on the Commission to provide details of the specific and tangible results it expects, so as to prove to Parliament that the reform is on the right track;

33.   Welcomes the announcement in the White Paper (Action 96) of the reorganisation of the procedure for the recovery of unduly paid funds;

34.   Rejects the proposal also made in the White Paper (Action 66) concerning the setting-up of an advisory financial irregularities panel of a help-desk nature to which, according to the Commission's ideas, cases of financial error or suspected irregularity not involving fraud would be submitted; fears that this proposal will circumvent and undermine the responsibilities of OLAF; draws the Commission's attention to the fact that this would be contrary to the legal provisions laying down the tasks and powers of OLAF;

35.   Expects the Council, in cooperation with Parliament, acting within their own spheres of competence, to ensure that the procedures for recasting the Financial Regulation and the revision of the Staff Regulations are completed as soon as possible;

36.   Urges the Commission to extend and apply Council Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities' financial interests(8) to all Community programmes and actions;

37.   Hopes, in that spirit, that the power to clear EAGGF accounts conferred on the Commission will be extended to all Community appropriations not managed by its services, in order that Parliament be provided with additional and more extensive financial control data in its capacity as budgetary authority;

o
o   o

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

(1) OJ C 304, 24.10.2000, p. 135.
(2) Texts adopted, Items 14, 16 and 17.
(3) Texts Adopted, Item 5.
(4) OJ C 279, 1.10.1999, p. 114.
(5) OJ L 267, 20.10.2000, p. 63.
(6) Texts Adopted of 5.7.2000, Item 9.
(7) OJ C 57, 23.2.1998.
(8) OJ L 312, 23.12.1995, p. 1.


Commission reform: legal aspects
European Parliament resolution on the Commission White Paper on reforming the Commission (aspects concerning the Committee on Legal Affairs and the Internal Market) (COM(2000) 200 - C5-0446/2000 - 2000/2216(COS) )
A5-0326/2000

The European Parliament,

-   having regard to the Commission White Paper on reforming the Commission (COM(2000) 200 - C5-0446/2000 ),

-   having regard to the EC Treaty, in particular Article 283 thereof,

-   having regard to the opinion of the Committee on Legal Affairs and the Internal Market for the Committee on Petitions on the Special Report from the European Ombudsman to the European Parliament following the own-initiative inquiry into the secrecy which forms part of the Commission's recruitment procedures,

-   having regard to Rule 47(1) of its Rules of Procedure,

-   having regard to its other resolutions of 30 November 2000 on reform of the Commission(1) ,

-   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0326/2000 ),

A.   whereas the present rigid and hierarchical system is ill equipped to meet the Commission's future objectives and its staff's needs and aspirations, and needs significant modifications,

B.   whereas the Commission needs to develop human resource ('HR') strategies and policies that will enable it to achieve optimum performance in its core tasks of policy conception, initiating legislation and enforcing Community law,

C.   whereas devolving functions by externalisation, subject to proper scrutiny, transparency and control, is a crucial part of these strategies and will assist the matching of tasks to resources,

D.   whereas the Commission's tasks must be carried out at the highest possible levels of performance, efficiency and control in delivering a service to the people of Europe, with particular regard to independence and accountability,

E.   whereas the stated aim of the reform is to sustain an independent, permanent and high-quality European civil service that equips the Commission to fulfil its tasks as a world-class organisation and enables it to be a model employer,

F.   whereas officials must remain responsible and accountable for their actions and keep the opportunity to be rewarded for their success in meeting or exceeding their set goals,

G.   whereas the reform must not detract in any way from the Commission's key responsibilities and competences as enshrined in the Treaties and the case-law of the Court of Justice,

H.   whereas the reform must be implemented at a time of very rapid change in terms of employment practices, employee expectations and technological advances,

I.   whereas the Staff Regulations ('the Regulations') must serve the needs of the institutions and staff and not hamper them in the efficient performance of their tasks,

J.   whereas the protection presently afforded by the Regulations and the associated case-law of the Court of Justice must be secured without undermining the modernisation process, while maintaining such safeguards for individual staff members as are required in a Community governed by the rule of law,

K.   whereas the principle of open competitions for the recruitment of staff should be retained, albeit modernised so as to permit a faster, more targeted approach to recruitment at a lower cost,

L.   whereas one of the foundations of the reform is the creation of a linear career structure, which enables staff to progress through the system on the basis of merit, without the creation of artificial divisions,

M.   whereas the commitment to equal opportunities for women and other under-represented categories and the abolition of age limits for recruitment are welcomed,

N.   whereas the reform of the Regulations must result in a lighter, flexible, effective and efficient framework, more suited to a fast-changing world and capable of accommodating the special needs of the various Community institutions, in particular those of Parliament,

O.   whereas successful reform is essential for the Commission's future credibility and will have a strong impact on the public perception of the European civil service and the EU institutions in general,

P.   whereas Parliament looks forward to detailed proposals for amendment of the Staff Regulations and the Conditions of Employment of Other Servants, which it will carefully scrutinise in the light of the objectives and propositions set out in this resolution,

Reform Objectives and Performance Targets

1.   Reaffirms the principle pursuant to which an independent, impartial European civil service provides the best guarantee for strengthening the role of the Commission and of the other Union bodies and institutions and for promoting the Community interest;

2.   Considers that tasks must be matched to resources so as to develop coherent policies around a targeted range of skills, education and experience;

3.   Calls for reform goals to be developed into more specific, challenging benchmarks, referred to global best practice;

4.   Reiterates the importance of the financial control reforms in giving delegated accountability to officials and achieving a new organisation culture in which officials are trusted to perform agreed tasks and measured against agreed objectives;

5.   Stresses that clear objectives, the right resources, meaningful tasks and a stimulating environment are the key to creating and maintaining an attractive and rewarding work environment;

Organisation and Grading Structure

6.   Demands that all officials should have clear job descriptions, be given clear objectives and the right resources, and empowered accordingly;

7.   Considers that simplified grading and organisation structures must allow for the recognition of enhanced skills alongside increased administrative responsibility, the organisation of project teams and increased horizontal cooperation;

8.   Calls for the requirements for entry into the European civil service to be qualitatively increased and for recruitment to a permanent post to be subject to additional quality criteria;

9.   Urges the Commission to match organisation to tasks and avoid designing activities around portfolios for a set number of Commissioners; this task must be addressed after an IGC decision on the future structure of the Commission;

Personnel Appraisal, Development and Reward

10.   Endorses the performance appraisal strategy; it must be introduced in support of the principle of promotion on merit and without undermining the principles generally recognised within the European Union as guaranteeing the political independence of civil servants;

11.   Trusts that trade unions will be consulted on the guidelines for staff assessments, that staff will be involved in drawing up job goals and that the personal development role of the appraisal system will be emphasised;

12.   Urges that a strong career guidance system should actively facilitate interdepartmental and possibly interinstitutional staff development;

13.   Calls for procedures to deal with persistent under-performance (reassignment, retraining or regrading); the idea of a job for life, irrespective of performance, must disappear;

14.   Demands enhanced training programmes, fully integrated into staff development;

15.   Welcomes the emphasis on continuous training and the possibility of an interinstitutional training centre, but considers that given resource pressures a cost-benefit analysis of such a centre is necessary; notes further that importance should also be attached to training by outside agencies and joint activities involving other EU institutions and national governments;

16.   Stresses that staff assessment requires a great deal of training, that it should be carried out in a climate of confidence, and that annual development interviews between the staff assessed and the managers responsible should form part of the assessment procedure;

17.   Notes the value of the 'stagiaire' programme in offering work experience to young people, considers that their working conditions and responsibilities need to be reviewed as part of the reform package, and recommends that the document of 28 June 2000 drawn up by the 'stagiaires' and submitted to the Commission should be taken as the starting-point;

Career Mobility and Staffing Flexibility

18.   Believes that the new grading and promotion system must encourage mobility but that the requirements of the institution should not fall victim to inflexible application of the mobility principle; postings away from the Commission must not penalise career progression;

19.   Calls for staff exchanges among the institutions, and between them and national governments, regional administrations and the private sector, and for a structured programme for high-flyers including external secondments;

20.   Endorses the proposal to set up an interinstitutional recruitment agency, after due consultation with all the institutions involved;

21.   Considers that recruitment, grading and pension plans should facilitate external recruitment and that flexible short- or long-term fixed contracts should be available, and that in any event, transparency in the recruitment procedures must remain at the fore;

22.   Considers that special staffing needs must be catered for within overall HR plans and that the JRC and the External Service must be integrated into a global staff development programme;

Salaries and Terms of Employment

23.   Believes that talented, well-motivated people should be attracted; consequently, the compensation package must be competitive with the private and public sectors;

24.   Believes that the Commission's administration should primarily meet the criteria of a European civil service serving the general public;

25.   Emphasises that staff must have a simple, clear, equitable and externally transparent system of allowances, which takes into account the particular working conditions of each official and the inconveniences which those conditions entail; there should be no unjustified perks;

26.   Considers that functional managers must be able to incentivise staff through performance-based pay, within a codified system of bonuses, and commends the current ECB scheme as an example;

27.   Welcomes the fact that the Commission addresses the possibilities of combining work and family life; expects parental-leave benefits also to be examined in the light of best practice in the Member States;

Retirement

28.   Supports the proposals for a permanent, flexible retirement scheme; this should encompass both early and late retirement;

29.   Urges the Commission to consider a funded, portable pension scheme so as to promote greater mobility;

Working Environment, Equal Opportunities and Recruitment

30.   Emphasises that recruitment must be modernised and streamlined to accord with best practice;

31.   Considers that there should be better access to posts within the institutions for women, ethnic minorities, the disabled and persons having the permanent right of residence in a Member State, while eschewing ageism;

32.   Commends the early adoption of an on-line personnel system giving all staff access to comprehensive information on the rules and conditions of their employment and the ability to carry out personal administrative tasks on-line;

33.   Calls on the Commission to ensure that gender mainstreaming is facilitated, implemented and assessed at all levels and in all directorates-general and departments;

34.   Welcomes the fact that the Commission has undertaken to comply with the European Ombudsman's recommendations concerning transparency and sound management principles in the recruitment procedure;

Disciplinary Procedure, Administrative Complaints Procedure and Whistleblowing

35.   Agrees that the disciplinary structures and procedures must be made more efficient, including involvement of an independent assessor, endorses the need for administrative improvements in the short term, but calls for early action to redesign the system and review the provisions dealing with officials' personal financial liability;

36.   Advocates complaints panels, with independent members, to settle staff disputes speedily without the need for court proceedings, albeit preserving the ultimate possibility of judicial review;

37.   Insists on officials' rights and obligations to report wrongdoing being formally defined; a fair balance should be struck between all the interests involved;

Parliament as Employer

38.   Urges Parliament's administration to introduce a linear career structure in parallel to the Commission allowing for easy interinstitutional transfer; support the speedy launch of the recruitment office; enhance its existing staff appraisal and disciplinary procedures; promote flexibility and mobility, particularly in the light of its cyclical workload, the staffing requirements of political groups and the need for contract flexibility; build more mobile career structures; encourage exchanges with EU institutions and other organisations, and participate in joint training programmes;

39.   Deems it appropriate to incorporate the temporary staff working for the political groups into any reform of the Staff Regulations, with particular regard to unemployment conditions and terms of early retirement;

Implementation

40.   Warns that the Commission's reforms must be implemented as quickly as possible to avoid staff demoralisation and public disenchantment;

41.   Attaches priority to adopting job descriptions for all grades, reforming the grading system and moving to annual appraisals, with merit-based promotion; the Commission should implement the new career development philosophy without delay by adopting a shadow appraisal system ahead of formal agreement on the Regulations;

42.   Calls on the Commission to make proposals for reform of the Regulations as a matter of urgency;

43.   Calls on the IGC to consider the reform's Treaty and case-law implications and make the necessary changes to ensure that the implementation of the reform package is unimpeded;

Involvement of Staff and Trade Unions

44.   Affirms that full staff and trade-union involvement is essential to the success of HR reforms; hopes that the unions, staff committees and the institutions can adopt a positive stance and examine best-practice representation strategies in both the public and private sectors in determining their responses;

o
o   o

45.   Instructs the President of Parliament to forward this resolution to the Commission, the Council and the governments of the Member States.

(1) Texts Adopted, Items 14, 15 and 17.


Commission reform: constitutional aspects
European Parliament resolution on the Commission White Paper on reforming the Commission (aspects concerning the Committee on Constitutional Affairs) (COM(2000) 200 - C5-0448/2000 - 2000/2218(COS) )
A5-0328/2000

The European Parliament,

-   having regard to the White Paper on reforming the Commission (COM(2000) 200 - C5-0448/2000 ),

-   having regard to Article 213(2) of the EC Treaty,

-   having regard to its resolution of 13 January 1999 on the institutional implications of the approval by the European Parliament of the President of the Commission and the independence of the members of the Commission(1) ,

-   having regard to its resolution of 23 March 1999 on the resignation of the Commission and the appointment of a new Commission(2) ,

-   having regard to its resolution of 19 January 2000 containing its observations on action to be taken on the second report of the Committee of Independent Experts on the reform of the Commission(3) ,

-   having regard to its resolution of 17 February 2000 on the agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4) ,

-   having regard to its resolution of 13 April 2000 containing the European Parliament's proposals for the Intergovernmental Conference(5) ,

-   having regard to Rule 47(1) of its Rules of Procedure,

-   having regard to its other resolutions of 30 November 2000 on the White Paper on reforming the Commission(6) ,

-   having regard to the report of the Committee on Constitutional Affairs (A5-0328/2000 ),

A.   whereas the enlarged European Union will more than ever need a strong and independent Commission, with the responsibility for defining and defending the common interest, ensuring respect for the Treaties and European law and holding the right of legislative initiative,

B.   whereas the guidelines laid down by the Commission in its White Paper go well beyond a simple answer to the malfunctions found by the Committee of Independent Experts,

C.   whereas there is an urgent need to establish clearer lines of accountability and service to the public,

D.   whereas in general the White Paper contains proposals for substantially improving management and administrative procedures within the Commission but without laying down any general political framework for action, the strategic choice in favour of concentrating on the Commission's core tasks being linked to the aim of ensuring an independent, strong and efficient Commission,

E.   whereas the proposals in the White Paper barely touch on the Commission's legislative role,

F.   whereas the implementation of the Treaties of Maastricht and Amsterdam has clearly shown the problems in carrying out decisions made by the European Council or the Council of Ministers in fields outside traditional Community policy areas, and it therefore became apparent that the Commission was the only institution able to ensure the coordinated implementation of Union policies,

G.   whereas, on the other hand, the actual management of the Union's policies and of the majority of Community appropriations must continue to be a matter for the Member States' administrations or bodies approved by the Commission and by them, in order to reap the benefits of decentralised management and avoid bureaucratic duplication of effort,

H.   having regard to the role the Treaties assigned Parliament as opposed to the Commission,

1.   Repeats its attachment to the principle of a strong, independent, effective, transparent and politically answerable Commission which inspires confidence in citizens, and hopes that it will have the financial, human and political resources to perform the institutional tasks and duties conferred on it by the Treaties;

2.   Points out that the independence guaranteed Commissioners from governments and private interests must apply also in respect of the members of their private offices and their composition;

3.   Welcomes the reforms that have already been implemented by the Commission - notably the new structure of directorates-general, new rules on Commissioners' private offices, the end of national flags on senior posts and new presidential powers for the dismissal of Commissioners;

4.   Urges that the principle of an independent and impartial European civil service be maintained;

5.   Regrets to note that the first stage of the reform of the Commission was not preceded by any in-depth consideration of the problems of European governance and reserves the right to scrutinise this first stage for consistency with the subsequent stages stemming in particular from the White Paper on governance to be adopted by the Commission during the first half of 2001;

6.   Welcomes the Commission's desire to improve the coordination of budgetary and legislative priorities and needs throughout the planning cycle and to define the resources needed in the light of the objectives;

7.   Welcomes the first decisions taken by the Commission with a view to establishing appropriate and higher-quality standards for its own work on the basis of the principle of transparency and in particular the codes of conduct recently drawn up; hopes that the Commission will extend this codification exercise to administrative procedures;

8.   Insists that the Commission must be given the main role in the preparation for and follow-up to meetings of the European Council and of the Council of Ministers in all its forms and calls upon the Council and the Member States to abide scrupulously by this principle;

9.   Urges the Council and Member States to associate the Commission fully with the work which takes place on police and judicial cooperation in the sphere of criminal law within the Coordination Committee pursuant to Article 36(2) of the EU Treaty;

10.   Calls on the Commission to apply the principles of good governance to the preparation of its legislative proposals, by devising an internal procedure which will ensure that the subsidiarity principle is respected before any proposal for new regulatory measures is drawn up, and by keeping a chronological record of procedures in order to reduce the time they take;

11.   Is pleased that the Commission intends to improve relations with the social partners and other outside interlocutors and sees the discussion paper 'The Commission and non-governmental organisations: building a stronger partnership' (COM(2000) 11 ) as a first step in that direction; expects further initiatives in the context of the White Paper on European governance;

12.   Calls on the Commission, in the context of the White Paper on European governance, and in accordance with the undertakings already given by the Commission President, to ascertain whether the allocation of the responsibilities for implementation with the Member States is in keeping with the subsidiarity principle, taking into account the specific features of the operational sector and Member States involved, and ensuring that the Commission does as little management as possible in order to concentrate on initiation, coordination and control;

13.   Insists that Member States recognise their responsibilities to assist the Commission in decentralising the management of Union policies, including willingness to expose their own public administration to proper scrutiny by the European and national parliaments and to accept sanctions when they fail to manage Union policies correctly;

14.   Hopes also that the deliberations on governance will provide an opportunity for the three institutions to establish a common doctrine for externalisation, the establishment of independent agencies being justified whenever a scientific opinion or technique is required or decentralised management seems better, but avoiding any dismembering of the Commission's political responsibility and ensuring that the latter has the legal means to account to Parliament and the Council for the way in which the agencies perform their tasks;

15.   Urges that the principle whereby responsibility for decision-making continues to be political and rest with the Commission is not watered down in the course of the present Intergovernmental Conference;

16.   Urges support for the role of the Commission as the think-tank and institutional memory of the Union, and calls for an enhancement of its policy analysis and planning functions;

17.   Is pleased that, in the context of the Cotonou Agreement with the ACP States and the Commission decision of 16 May 2000 on the reform of the management of external assistance, steps have been taken towards ensuring decentralised and coordinated external assistance and calls also on the Commission to conduct an overall study into the problem of the Union's external representation both in international negotiations, in international bodies and in dealing with non-Community countries, and to promote the establishment of a common diplomatic service which is subordinate to it;

18.   Notes that the appointment of a High Representative for the CFSP and the subsequent setting-up of defence policy bodies is leading to the creation of European authorities that compete unnecessarily with each other, without the problem of coordinating Member States' own actions being resolved in an efficient manner; takes the view that the office of High Representative must in the long run be incorporated into the Commission;

19.   Calls on the Commission to ensure that the machinery for coordination between Parliament, the Commission and the Council is in general use to ensure the consistency of decision-making;

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

(1) OJ C 104, 14.4.1999, p. 59.
(2) OJ C 177, 22.6.1999, p. 19.
(3) OJ C 304, 24.10.2000, p. 135.
(4) Texts Adopted, Item 11.
(5) Texts Adopted, Item 7.
(6) Texts Adopted, Items 14, 15 and 16.


Relations between EU and developing countries
European Parliament resolution on the reform of the Commission and its implications for the effectiveness of the European Union's relations with developing countries (2000/2051(INI))
A5-0337/2000

The European Parliament,

-   having regard to the White Paper on reforming the Commission (COM(2000) 200 ),

-   having regard to the Commission communications of 24 April 2000 (COM(2000) 212 ) on the European Community's development policy and of 16 May 2000 (SEC(2000) 814 ) on the reform of the management of external aid,

-   having regard to the Commission proposal of 26 July 2000 on a new Financial Regulation (COM(2000) 461 ),

-   recalling its resolutions of 21 September 2000 on complementarity between Community and Member State policies on development cooperation(1) and of 17 February 2000 on the coherence of the various Union policies(2) ,

-   recalling its resolution of 19 January 2000 on the action to be taken on the second report of the Committee of Independent Experts on the reform of the Commission(3) and its resolutions of 6 July 2000 containing its comments accompanying its decisions giving discharge to the Commission, firstly in respect of the sixth, seventh and eighth European Development Funds for the 1998 financial year(4) and secondly in respect of implementation of the general budget of the European Union for the 1998 financial year(5) ,

-   having regard to the objectives of Title XX, Article 177 of the EC Treaty,

-   having regard to Rule 163 of its Rules of Procedure,

-   having regard to the report of the Committee on Development and Cooperation (A5-0337/2000 ),

A.   referring to the various Council resolutions on complementarity and coherence between the European Community's development policy and the other Community policies, and in particular the General Affairs Council's conclusions of 9 October 2000 on the effectiveness of the Union's external action,

B.   whereas development policy objectives are one of the three fundamental pillars of the Union's external action, equal to common foreign and security policy and commercial policy objectives,

C.   whereas international development aid policy is the greatest expression of the European Community's external dimension,

D.   whereas the industrialised countries' public development aid has gradually fallen to a minimum of 0.22% of overall GDP, far below the objective of 0.7% recommended in the UN resolution of 1974 on the new international economic order,

E.   whereas the conclusions of the General Affairs Council of 9 October 2000 do not refer to the Council declaration on EU development policy, and include no reference as such to the role of poverty eradication or the international development targets,

F.   whereas a thorough reform of the Community international aid policy is needed in order to improve its effectiveness,

G.   whereas this reform must be focused on:

   -
a new definition of development aid policies and priorities, taking into account the aims of eradicating poverty established at international summit meetings,
   -
improved coordination between the Commission and the Community's external policies, resulting in a clear outline of operational coordination and political coherence,
   -
stricter application of Article 177 of the EC Treaty regarding the complementarity of development aid policies between the Member States on the one hand and the Commission on the other,
   -
making the staff numbers and volume of financial resources available to the Commission adequate to realise development policy objectives effectively,
   -
reorganisation of the management of aid both on the ground and at headquarters, envisaging: a simplification of procedures, the integration of the cooperation cycle, and a structure striking a balance between the Commission's external relations departments, in which one person would have political responsibility for development policy and its management would be more transparent,

H.   whereas the Commission is the number one donor of humanitarian aid in the world and directly administers a substantial proportion of world development aid, but the relative growth in the volume of funding allocated to aid has not been accompanied by appropriate adjustments in human resources and management methods,

I.   whereas the volume of funding assigned by the EU to development aid is not matched by a proportionate influence on the international stage,

J.   regretting the fact that the Commission, owing to staff shortages, has so far concentrated on the implementation of policies and instruments, so that planning has mainly been carried out by other international organisations such as the World Bank, the International Monetary Fund and the OECD,

K.   whereas, furthermore, the Commission's great experience in implementing development policy has been analysed and used to only a limited extent,

L.   bearing in mind the outcome of the external assessments of the Community's aid policies which highlighted problems affecting the speed and effectiveness of the implementation of programmes and projects,

M.   stressing that the support of the European Parliament and the Member States is essential in order to solve many of the problems affecting the management of Community development aid, in particular budgetary issues and the procedures for Council intervention,

1.   Points out that the commitments entered into by the international community in order to achieve quantified sustainable development objectives and, in particular, to eradicate poverty constitute a new focus for development to which Community development policy must contribute;

2.   Calls on the Commission to base its reform vis-à-vis external action on a clear and comprehensive declaration which sets out the EU's aims for external relations for the 21st century and makes poverty eradication the overarching objective of such a declaration;

3.   Notes with satisfaction that the Commission has initiated a process of reforming the RELEX Group, which must undertake to improve the impact of development aid and increase the effectiveness of its relations with developing countries in the light of its latest objective - to promote sustainable development in order to foster the eradication of poverty and the integration of these countries in the world economy;

4.   Expresses, however, its fear that a separation between political responsibility and strategic programming of the implementation and monitoring of programmes may result in the marginalisation of development policy within the Commission; considers that political responsibilities must be reflected in the institution's structures;

5.   Takes the view, in this context, that an integrated Community International Development Department should be made responsible for the whole cooperation cycle for the benefit of developing countries, covering the programmes for Africa, Latin America, the Mediterranean countries and Asia;

6.   Considers it essential to solve the structural problem of the lack of human resources needed to manage development cooperation funds, and hence undertakes to allocate the relevant resources by means of the budgetary exercise;

7.   Points out that small-scale projects have traditionally received the best scores in evaluations of EU aid performance; requests, accordingly, that such projects should in the future receive adequate staffing in order to be maintained and their number even be enlarged;

8.   Calls on the Council, as one arm of the budgetary authority, to ensure that the financial provisions reflect the objectives of the Community's development policy;

9.   Calls on the budgetary authority, in the coming financial years, to make provision for transferring a specific percentage for administrative expenditure to each operational budget line for development cooperation;

10.   Considers it decisive that the Commission should, in the context of development policy, have sufficient and appropriately trained staff to ensure that the functions of reflection, analysis and making proposals can be carried out;

11.   Calls on the Commission to submit to Parliament, during the first half of 2001, a report on the implementation of the various elements of the reform of RELEX;

12.   Considers that the transfer of powers to the delegations constitutes an opportunity to create a system for on-the-spot management of development projects and appropriation and reinforcement of local capacity; is therefore in favour of rapid decentralisation to the benefit of the delegations, giving them the necessary IT infrastructure and boosting the human resources devoted to development policy; is also in favour of projects and programmes being taken over by beneficiaries, including the contracting of local agents, where conditions of good governance and democracy prevail;

13.   Stresses the need for more specialised staff at the RELEX DGs in order to create specialists, in particular programming experts and sectoral experts;

14.   Considers that the creation of the Common Service for External Relations (SCR) constituted a failed attempt to rationalise the administration of Community aid and that the unclear distribution of responsibilities between various departments reduced its effectiveness; in this context highlights the need to integrate the whole cooperation cycle and is in favour of responsibility for the whole development cooperation cycle being assigned to one and the same body, with one Commissioner having political responsibility for it, namely the Commissioner responsible for development policy; believes that this would improve the efficiency of the Commission administration as well as the visibility of the Commission's action in this field, without affecting the distribution of responsibilities between Commissioners;

15.   Upholds the specific identity of Community development policy and its added value, and strongly deplores the view, prevailing in a number of Member States, that development aid should be renationalised; believes strongly that the development policies of Member States should be complementary to and should not attempt to replace or duplicate Community development policy; in view of the importance which it attributes to public Community-level policy in the development sphere, also advocates that all programme management be concentrated in the Commission and the delegation of such activities to external agencies strictly limited;

16.   Notes the plan to set up a new Community aid management body based on the SCR transformed into an Office, and considers that it must take a form compatible with the aims of greater effectiveness of Community aid; the form it takes must in any event ensure the unity of Community action and ensure that the Commission can control the body; to this extent the EP will maintain political control over its activities;

17.   Considers, also, that the creation of this body must entail the simplification of management procedures, in particular as regards the cofinancing of projects with NGOs;

18.   Expresses the conviction that the NGOs have the ability to implement programmes specifically targeted at combating poverty, and considers that the Commission must make greater use of this potential;

19.   Considers that the EU should develop strategies to promote vibrant and strong civil societies in recipient countries; that the EU should seek to collaborate with civil society sectors, including NGOs and the private sector, in all areas of external cooperation, to realise development objectives, and that civil society organisations should be considered essential and independent partners of the EU who play a significant role in the development process; the EU should encourage greater policy dialogue with civil society and greater collaboration at a programme level;

20.   Stresses the importance of a proper assessment of the impact of external aid programmes, so that the positive and negative lessons may have a bearing on the planning and implementation of subsequent measures; stresses the need to train staff specialised in this field and to give the evaluation unit the staff and powers needed to ensure that its work improves the impact and effectiveness of development aid policy;

21.   With regard to comitology, agrees with the Commission that the role of the Council's working groups and committees needs to evolve so as to concentrate on political guidelines, the periodic revision of the strategies of each of the countries, sectoral strategies and issues requiring European coordination prior to international deliberations;

22.   Welcomes the Commission's initiative to review all the regulations concerning development policy in order to study the feasibility of introducing a horizontal regulation making it possible to concentrate the work of the committees at the programming stage and to eliminate the systematic revision of all projects;

23.   Highlights the importance of 'country strategy papers' and NIPs (National Indicative Programmes) as an instrument for promoting both complementarity with the Member States and the participation of beneficiaries in the programming of cooperation by means of dialogue and the transmission of information, thus moving towards the idea of handing over development projects to the beneficiaries where appropriate conditions obtain;

24.   Stresses the need to step up the presence of the EU in fora where key issues for developing economies are debated and to improve the coordination of the positions of the Member States and the EU in the various international fora, especially the Bretton Woods institutions and the UN, where the EU's political role should be commensurate with the level of its contributions;

25.   Reiterates the importance of forwarding information to the EP before policies are adopted and, in any event, at the same time as it is forwarded to the Council, with regard to Community aid policy guidelines, forecasts and programming, without this meaning that the EP should interfere with the Commission's management role;

26.   Considers that an effort should be made in the new structure to ensure coherence between the Community's external, development, commercial, agricultural, fisheries, research and development and food safety and hygiene policies; considers that coherence impact assessments should be made in the formulation of all new policies and practices, in addition to the publication of the annual report, to be scrutinised by both the Council and Parliament, in line with its abovementioned resolution of 17 February 2000 on the coherence of the various Union policies;

27.   Stresses that the RELEX reform process must be carried out in an open and transparent way, with the participation of the staff of the departments involved in the reform process and paying particular attention to preserving, throughout the transitional period, the objectives of an effective European development policy, as well as the commitments entered into with the beneficiary countries;

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

(1) Texts Adopted, Item 15.
(2) Texts Adopted, Item 7.
(3) OJ C 304, 24.10.2000, p. 135.
(4) Texts Adopted, Item 6.
(5) Texts Adopted, Item 5.

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