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 Index 
Texts adopted
Thursday, 31 May 2001 - BrusselsFinal edition
European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
 Assessment of the effects of certain plans and programmes on the environment ***III
 Tyres for motor vehicles and their trailers ***III
  The Treaty of Nice and the future of the European Union
 Community Environment Action Programme (2001-2010) ***I
  Text
  Resolution
 Compulsory safety belts ***I
  Text
  Resolution
 Equal treatment for men and women in relation to employment ***I
  Text
  Resolution
 Financial Regulation applicable to the general budget of the EC *
 Outcome of the Council and Commission mission to Korea
 Integrating environmental issues with economic policy
 Environment policy and sustainable development
 Commission: EURES activity report 1998-1999:"Towards an integrated European labour market: the contribution of EURES”

European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Cyprus concerning Cyprus's participation in the European Environment Agency and the European Environment Information and Observation Network (COM(2000) 879 - C5-0060/2001 - 2000/0342(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 879 )(1) ,

-   having regard to the draft agreement for Cyprus" participation in the European Environment Agency and the European Environment Information and Observation Network,

-   having regard to Articles 174(2) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0060/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 275.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Malta concerning Malta's participation in the European Environment Agency and the European Environment Information and Observation Network (COM(2000) 875 - C5-0059/2001 - 2000/0345(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 875 )(1) ,

-   having regard to the draft agreement for Malta's participation in the European Environment Agency and the European Environment Information and Observation Network,

-   having regard to Articles 174(2) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0059/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 251.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Bulgaria concerning Bulgaria's participation in the European Environment Agency and the European Environment Information and Observation Network (7440/2001 - COM(2000) 866 - C5-0174/2001 - 2000/0346(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 866 )(1) ,

-   having regard to the draft agreement for Bulgaria's participation in the European Environment Agency and the European Environment Information and Observation Network (7440/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0174/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 195.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Estonia concerning Estonia's participation in the European Environment Agency and the European Environment Information and Observation Network (7442/2001 - COM(2000) 877 - C5-0175/2001 - 2000/0347(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 877 )(1) ,

-   having regard to the draft agreement for Estonia's participation in the European Environment Agency and the European Environment Information and Observation Network (7442/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0175/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 259.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and Turkey concerning Turkey's participation in the European Environment Agency and the European Environment Information and Observation Network (COM(2000) 873 - C5-0056/2001 - 2000/0350(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 873 ),

-   having regard to the draft agreement for Turkey's participation in the European Environment Agency and the European Environment Information and Observation Network,

-   having regard to Articles 174(2) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0056/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Slovak Republic concerning the Slovak Republic's participation in the European Environment Agency and the European Environment Information and Observation Network (7441/2001 -COM(2000) 870 - C5-0176/2001 - 2000/0351(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 870 )(1) ,

-   having regard to the draft agreement for the Slovak Republic's participation in the European Environment Agency and the European Environment Information and Observation Network (7441/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0176/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 219.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Slovenia concerning Slovenia's participation in the European Environment Agency and the European Environment Information and Observation Network (7436/2001 - COM(2000) 872 - C5-0177/2001 - 2000/0352(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 872 )(1) ,

-   having regard to the draft agreement for Slovenia's participation in the European Environment Agency and the European Environment Information and Observation Network (7436/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0177/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 235.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Latvia concerning Latvia's participation in the European Environment Agency and the European Environment Information and Observation Network (7438/2001 -COM(2000) 876 - C5-0178/2001 - 2000/0354(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 876 ),

-   having regard to the draft agreement for Latvia's participation in the European Environment Agency and the European Environment Information and Observation Network (7438/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0178/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Hungary concerning Hungary's participation in the European Environment Agency and the European Environment Information and Observation Network (7437/2001 - COM(2000) 874 - C5-0179/2001 - 2000/0355(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 874 )(1) ,

-   having regard to the draft agreement for Hungary's participation in the European Environment Agency and the European Environment Information and Observation Network (7437/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0179/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 243.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Czech Republic concerning the Czech Republic's participation in the European Environment Agency and the European Environment Information and Observation Network (7433/2001 - COM(2000) 867 - C5-0180/2001 - 2000/0356(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 867 (1) ),

-   having regard to the draft agreement for the Czech Republic's participation in the European Environment Agency and the European Environment Information and Observation Network (7433/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0180/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 203.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and Romania concerning Romania's participation in the European Environment Agency and the European Environment Information and Observation Network (7435/2001 - COM(2000) 871 - C5-0181/2001 - 2000/0357(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 871 )(1) ,

-   having regard to the draft agreement for Romania's participation in the European Environment Agency and the European Environment Information and Observation Network (7435/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0181/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 227.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Lithuania concerning Lithuania's participation in the European Environment Agency and the European Environment Information and Observation Network (7439/2001 -COM(2000) 878 - C5-0182/2001 - 2000/0359(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 878 )(1) ,

-   having regard to the draft agreement for Lithuania's participation in the European Environment Agency and the European Environment Information and Observation Network (7439/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence, of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0182/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 267.


European Environment Agency: EC Agreements with 13 candidate countries (procedure without debate)*
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Poland concerning Poland's participation in the European Environment Agency and the European Environment Information and Observation Network (7434/2001 - COM(2000) 869 - C5-0183/2001 - 2000/0360(CNS) )
A5-0170/2001

(Consultation procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2000) 869 )(1) ,

-   having regard to the draft agreement for Poland's participation in the European Environment Agency and the European Environment Information and Observation Network (7434/2001),

-   having regard to Articles 175(1) and 300(2), first subparagraph, first sentence of the EC Treaty,

-   having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0183/2001 ),

-   having regard to Rule 67 and 97(7) of its Rules of Procedure,

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0170/2001 ),

1.   Approves the conclusion of the agreement;

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

(1) OJ C 120 E, 24.4.2001, p. 211.


Assessment of the effects of certain plans and programmes on the environment ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on the assessment of the effects of certain plans and programmes on the environment (C5-0118/2001 - 1996/0304(COD) )
A5-0177/2001

(Codecision procedure: third reading)

The European Parliament,

-   having regard to the joint text approved by the Conciliation Committee (C5-0118/2001 ),

-   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1996) 511 )(2) ,

-   having regard to the amended proposal/the amendments to the Commission proposal (COM(1999) 73 )(3) ,

-   having regard to its position at second reading(4) on the Council common position(5) ,

-   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2000) 636 - C5-0531/2000 ),

-   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 (A5-0177/2001 ),

1.   Approves the joint text;

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 341, 9.11.1998, p. 18.
(2) OJ C 129, 25.4.1997, p. 14.
(3) OJ C 83, 25.3.1999, p. 13.
(4) OJ C 135, 7.5.2001, p. 155.
(5) OJ C 137, 16.5.2000, p. 11.


Tyres for motor vehicles and their trailers ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive amending Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting (C5-0130/2001 - 1997/0348(COD) )
A5-0178/2001

(Codecision procedure: third reading)

The European Parliament,

-   having regard to the joint text approved by the Conciliation Committee (C5-0130/2001 ),

-   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1997) 680 )(2) ,

-   having regard to its position at second reading(3) on the Council common position(4) ,

-   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2000) 744 - C5-0660/2000 ),

-   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 (A5-0178/2001 ),

1.   Approves the joint text;

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 80, 16.3.1998, p. 90.
(2) OJ C 30, 28.1.1998, p. 8.
(3) OJ C 135, 7.5.2001, p. 254.
(4) OJ C 195, 11.7.2000, p. 16.


The Treaty of Nice and the future of the European Union
European Parliament resolution on the Treaty of Nice and the future of the European Union (2001/2022(INI))
A5-0168/2001

The European Parliament,

-   having regard to the Treaty signed in Nice on 26 February 2001,

-   having regard to its resolutions of 19 November 1997 on the Amsterdam Treaty(1) , 18 November 1999 on the preparation of the reform of the Treaties and the next IGC(2) , 3 February 2000 on the convening of the Intergovernmental Conference(3) , 13 April 2000 containing its proposals for the Intergovernmental Conference(4) , and 25 October 2000 on the constitutionalisation of the Treaties(5) and on closer cooperation(6) ,

-   having regard to the conclusions of the Tampere, Helsinki, Feira, and Nice European Councils,

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

-   having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Budgets, the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on Agriculture and Rural Development, the Committee on Fisheries, the Committee on Culture, Youth, Education, the Media and Sport, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5-0168/2001 ),

A.   whereas the Intergovernmental Conference that concluded in Nice on 11 December 2000 had been given the task of carrying out the necessary reforms to the Treaties and of satisfactorily dealing with the matters which had been left in abeyance at Amsterdam, in order to prepare the Union for enlargement,

B.   having regard to Parliament's repeated calls for a reform of the Treaties as a whole in sufficient depth to satisfy the imperatives of democratising the institutions and improving their effectiveness in anticipation of enlargement,

C.   whereas because the end result of enlargement will make for a more diverse spectrum of national interests, effective institutions and decision-making procedures will need to be in place in order to avert the risk of paralysis in European integration,

D.   whereas responsibility for giving assent to accession treaties lies with Parliament,

E.   whereas once monetary union has finally been attained, a counterweight in the form of political union will be indispensable,

F.   whereas the Treaty of Nice failed to complete the process of political union set in motion by the Maastricht Treaty,

G.   having regard to Declaration 23 annexed to the Treaty on the future of the Union, which stipulates that a fresh reform will be undertaken in 2004; whereas the Declaration opens the way to a new method for reforming the Treaties,

H.   having regard to the speeches on the reshaping of Europe which preceded the Intergovernmental Conference and which prompted the discussions on the future of the Union,

I.   having regard to the hearing with the national parliaments of the Member States and the candidate countries, held in Brussels on 20 March 2001,

1.   Notes that the Treaty of Nice removes the last remaining formal obstacle to enlargement and reaffirms the strategic importance of EU enlargement as a step towards the unification of Europe and as a factor of peace and progress; realises that the Treaty has made improvements in certain areas but considers that a Union of 27 or more Member States requires more thoroughgoing reforms in order to guarantee democracy, effectiveness, transparency, clarity and governability;

2.   Regrets profoundly that the Treaty of Nice has provided a half-hearted and in some cases inadequate response to the matters encompassed within the already modest Intergovernmental Conference agenda; hopes that the deficits and shortcomings with regard to the establishment of an effective and democratic European Union can be dealt with in the course of the post-Nice process;

3.   Emphasises that it has consistently set two criteria as yardsticks for the success of the Intergovernmental Conference on institutional reform: the implementation of measures which fully guarantee the ability of an enlarged Union to take action, and a significant reduction in the democratic deficit; neither of these objectives was achieved in Nice;

4.   Draws attention, amongst the most unsatisfactory aspects of the Intergovernmental Conference, to the fact that Union decision-making has become more confused and less transparent, that the principle of extending codecision to cover all the matters in which legislation is adopted by a qualified majority has not been followed and that the Charter of Fundamental Rights of the European Union has not been incorporated into the Treaties;

5.   Considers that the preparations for and negotiations on the Treaty of Nice demonstrated, as in the case of the Amsterdam Treaty, that the purely intergovernmental method has outlived its usefulness for the purpose of revising the Treaties, as the governments eventually implicitly recognised when they adopted Declaration 23 (annexed to the Final Act of the Treaty);

6.   Insists that the holding of a new IGC should be based on a radically different process which is transparent and open to participation by the European Parliament, the national parliaments and the Commission and which involves the citizens of the Member States and the candidate countries, as provided for in Declaration 23, and that the new IGC should initiate a constitutional development process;

7.   Recognises that the Treaty of Nice marks the end of a progression that began in Maastricht and continued in Amsterdam and demands the opening of a constitutional development process culminating in the adoption of a European Union Constitution;

Fundamental rights

8.   Notes the fact that the Charter of Fundamental Rights of the European Union, drawn up by the Convention comprising representatives of the governments, the national parliaments, the European Parliament, and the Commission was solemnly proclaimed in Nice; renews(7) its commitment to upholding the rights and freedoms recognised in the Charter; notes with satisfaction that the Commission and the Court of Justice of the European Communities have already declared that they will do likewise, and calls on the other Union institutions and bodies to give an undertaking to the same effect;

9.   Renews its call for the Charter to be incorporated in the Treaties in a legally binding manner so that the rights which it grants to each and every individual may be fully guaranteed, and calls on the Union institutions to respect as of now in their activities the rights and freedoms acknowledged in the Charter;

10.   Applauds the prevention and "alarm" system now incorporated in Article 7 of the EU Treaty, which cements the Union's commitment to the values of democracy, freedom, human rights and the rule of law; welcomes the fact that, over and above the right of initiative, Parliament has to give its assent;

Institutional reform

11.   Notes that the new qualified-majority voting system in the Council stems from a power-sharing agreement among the fifteen Member States which formally opens the door to enlargement but which, as regards the efficiency and the transparency of the decision-making process, is no improvement on the present system, a fact which gives cause for serious anxieties as to how it might operate in a Union of 27 Member States;

12.   Regrets that no step has been taken to make Council proceedings more transparent, in particular when the Council is acting as legislator, and calls on the Council to meet in public when adopting legislation;

13.   Considers the agreement on the composition of the Commission to be acceptable because it will enable the Commission to be constituted according to the needs of the enlargement process;

14.   Welcomes both the introduction of qualified-majority voting for the designation and appointment of members of the Commission and the fact that the powers of the Commission President are strengthened, thereby emphasising the supranational and independent nature of the Commission;

15.   Deplores the fact that the proposed make-up of the European Parliament does not follow any clear logic; expresses its surprise at the decision to exceed the limit of 700 Members laid down at Amsterdam; warns of the risks that might ensue if its membership were to rise too high during the transitional period, and calls on the Council to pay careful heed to those risks when it lays down the accession timetable;

16.   Calls, when the respective accession treaties are negotiated, for the number of representatives in the European Parliament specified for Hungary and the Czech Republic to be corrected to match the 22 seats allocated to Belgium and Portugal (countries with a similar population) and for this already to be taken as an opportunity to make the decision-making procedures more transparent, more effective and more democratic;

17.   Regrets the fact that the pillar structure of the treaty has been retained and that, above all in the sphere of the CFSP, unnecessary duplicate structures have been established; calls for the tasks of the Commissioner with responsibility for external relations and the High Representative for the CFSP to be placed in the hands of a Commission Vice-President with specific obligations vis-à-vis the Council;

18.   Notes the transitional system provided for in Declaration 20 on the enlargement of the European Union (annexed to the Final Act of the Treaty) to enable the institutions gradually to be adapted while the accessions are taking place; declares its intention of keeping those adjustments under careful review and taking them into account when it delivers its binding decision on the accession treaties;

19.   Welcomes the fact that, under Article 230 of the EC Treaty, it is entitled to bring actions on its own initiative for review of the legality of acts adopted by the other institutions;

20.   Expresses its satisfaction at the substantial reforms to the structure, operation and powers of the Court of Justice and the Court of First Instance which are intended to expedite the administration of justice in the Union and preserve the unity of Community law, thus consolidating the Union's judicial role;

21.   Deplores the fact that the members of the courts will continue to be appointed by common accord of the Member States and that their case therefore constitutes the only exception to the general rule established by the Treaty of Nice whereby appointments are made by decision of the Council on the basis of a qualified-majority vote;

22.   Considers that the provisions relating to the Court of Auditors will enable it to perform its role more easily and calls on its President swiftly to set up a contact committee in collaboration with the chairmen of the national audit institutions (as provided for in Declaration 18 annexed to the Final Act of the Treaty) in order to improve cooperation between the Court and those bodies;

23.   Reiterates its view that a European public prosecutor should be appointed with the task of combating fraud against the Union's financial interests;

24.   Applauds the provisions relating to the Economic and Social Committee, which make it more representative of the various sectors of society, and to the Committee of the Regions, the democratic legitimacy of whose members is strengthened;

25.   Welcomes the fact that the Treaty incorporates a legal basis that will enable a statute for European political parties and rules governing their funding to be adopted under the co-decision procedure;

26.   Recognises that progress has been made in the change from unanimity to the use of decision making by qualified-majority vote to adopt the statute for MEPs, but deplores the fact that the latter rule has not been extended to cover tax matters;

Decision making

27.   Notes the change whereby decisions under 35 legal bases are to be taken by qualified-majority vote; expresses its dissatisfaction at the fact that many vital issues will remain subject to the unanimity rule, which will impair the consolidation of the enlarged Union;

28.   Draws attention, in this connection, to the pressing need for it to be more closely involved - as a factor for democratic participation and scrutiny - in the common trade and external economic relations policy, as regards both the framing of policy and the negotiation and conclusion of agreements; takes the view that its involvement is essential now that the national parliaments no longer have any powers in the sphere of EU trade policy;

29.   Reiterates its view that wider use of decision making by qualified-majority vote, going hand in hand with codecision, is essential in order to achieve a genuine interinstitutional balance and is the key to the success of enlargement, and considers, therefore, that the changes brought about by the Treaty of Nice have fallen some way short of the desirable outcome; states once again that qualified-majority voting must, as regards legislation, go hand in hand with codecision involving the European Parliament as a fundamental guarantee of the democratic nature of the legislative process;

30.   Deplores the fact that the Intergovernmental Conference did not extend the co-decision procedure to cover those legal bases already providing (before and since Nice) for legislation to be adopted by qualified-majority vote; believes that the new Treaty has given insufficient recognition to the co-decision procedure, as set out in Article 251 of the EC Treaty, as the general rule governing Union decision-making;

31.   Expresses its disquiet at the complications that the Treaty of Nice brings to many legal bases under which decisions are to be taken by qualified-majority vote and calls on the Council, before the accessions are completed, to pursue the opportunities for a change to qualified-majority voting and codecision under some of the amended articles, especially in Title IV of the EC Treaty;

Enhanced cooperation

32.   Supports the changes relating to enhanced cooperation, made at its request and at that of the Commission, especially the abolition of the veto on grounds of national interest, and welcomes the fact that enhanced cooperation is to be regarded as a means to be employed as a last resort to advance European integration and the communitarisation of the areas concerned;

33.   Considers the role assigned to it to be insufficient and undemocratic where authorisation of enhanced cooperation is concerned, especially in the vital areas in the first pillar where unanimity is retained in the Council;

34.   Regrets that the intergovernmental method typically employed under the second pillar has also been laid down for enhanced foreign and security policy cooperation and that, consequently, a Member State may use its veto, its own role is reduced to a right to be informed and the Commission can do no more than express an opinion;

35.   Deplores the fact that common strategies and defence policy are excluded from the scope of enhanced cooperation;

Declaration on the future of Europe

36.   Endorses Declaration 23 on the future of the Union because it constitutes an innovation in the procedure for a reform of the Treaties based on efficient shared preparations and preceded by wide-ranging and thorough public debate;

37.   Believes that the debate should take place at both European and national level; considers that the national governments and parliaments will be responsible for carrying on the debate and assessing the outcome, in particular at national level; recommends that Member States and candidate countries alike should each set up a committee consisting of government and parliamentary representatives and Members of the European Parliament to set the direction of and foster the public debate;

38.   Takes the view that the debate must be open to society as a whole and must be accompanied by an appropriate information campaign in order to explain to Europeans what is at stake and to encourage them to participate actively in the debate; hopes that the debate will produce practical results, that all contributions will be taken into account in the preparations for the reform of the Treaties and that the debate will continue until the Intergovernmental Conference has ended, which means that the necessary budgetary funding will have to be made available in the 2002 and 2003 financial years;

39.   Is of the opinion that the ultimate outcome of the next reform of the Treaties will depend crucially on the preparations; for this reason, recommends the establishment of a Convention (to start work at the beginning of 2002), with a similar remit and configuration to the Convention which drew up the Charter of Fundamental Rights, comprising members of the national parliaments, the European Parliament, the Commission and the governments, the task of which would be to submit to the IGC a constitutional proposal based on the outcome of an extensive public debate and intended to serve as a basis for the IGC's work;

40.   Takes the view that the accession countries should be involved in the Convention as observers until the accession treaties have been signed and as full members thereafter;

41.   Takes note of the fact that the four subjects specified in Declaration 23 are not exclusive and maintains that a debate on the future of Europe cannot be limited, for which reason it will submit practical proposals in preparation for the Laeken European Council; will take due account of the issues which have already been raised by its specialist committees in the opinions which they drew up for the purposes of this resolution and which are appended to the report by the Committee on Constitutional Affairs (A5-0168/2001 );

42.   Believes that the IGC should be convened to meet in the second half of 2003 so as to enable the new treaty to be adopted in December of that year, thereby ensuring that, in 2004, the European elections can act as a democratic fillip to European integration and that it, together with the Commission, will be able to play its part in that process under the best possible conditions;

43.   Believes that the future operation of the Union will depend on the outcome of the next reform and will take that factor into account when it is called upon to give its assent to the accession treaties;

44.   Calls on the national parliaments, when expressing their views on the Treaty of Nice, to manifest their firm commitment to the convening of a Convention;

45.   States that the Treaty of Nice will be seen in the light of the results of the Laeken European Council, which could open a possibility for overcoming its weaknesses; decides, furthermore, to take into account the results of Laeken when it is asked for its opinion on the opening of the next IGC;

o
o   o

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

(1) OJ C 371, 8.12.1997, p. 99.
(2) OJ C 189, 7.7.2000, p. 222.
(3) OJ C 309, 27.10.2000, p. 85.
(4) OJ C 40, 7.2.2001, p. 409.
(5) Texts Adopted, Item 7.
(6) Texts Adopted, Item 8.
(7) Decision of 14 November 2000 approving the draft Charter of Fundamental Rights (Texts Adopted, Item 3).


Community Environment Action Programme (2001-2010) ***I
Text
Resolution
Proposal for a European Parliament and Council decision laying down the Community Environment Action Programme 2001-2010 (COM(2001) 31 - C5-0032/2001 - 2001/0029(COD) )
A5-0175/2001

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital 1 a (new)
(1a) The planet's natural resources are the inalienable property of the human race, and each generation to which proper use thereof is afforded is bound to conserve them and hand them down to future generations.
Amendment 2
Recital 7
   (7) The objectives, priorities and actions of this Decision will apply to an enlarged Community.
   (7) The objectives, priorities¸ thematic strategies and actions of this Decision will apply to an enlarged Community. The thematic strategies comprise qualitative and quantitative ecological and sectoral objectives, indicators on the basis of which the evolution of the situation can be assessed, policy instruments and an evaluation of the effectiveness of the chosen strategy.
Amendment 3
Recital 7 a (new)
(7a) There is a need for constant monitoring and ex post verification of the enforcement of Community environmental law.
Amendment 4
Recital 8
   (8) Legislation remains central to meeting environmental challenges and full and correct implementation of the existing legislation will be a priority .
   (8) Legislation remains central to meeting environmental challenges. However, the fact is that certain Member States have repeatedly failed to comply with the legislation. For that reason, not only the full and correct implementation of the existing legislation will be essential, but so will the development of more rapid and effective sanction procedures. To this end, the Commission should be in permanent dialogue with the Member States and carry out controls on the practical implementation of Community environmental legislation. To this end, the Commission should provide the requisite resources to ensure the availability of sufficient qualified staff .
Amendment 5
Recital 8 a (new)
(8a) The Commission should keep Parliament informed of progress made and difficulties encountered in carrying out these tasks to achieve compliance with the legislation.
Amendment 6
Recital 9
   (9) Integration of environmental concerns into economic and social policies is essential to tackle the driving forces behind the pressures on the environment and further progress is needed.
   (9) The development and implementation of strategies to integrate environmental concerns into the relevant sectoral policies, with a view to encouraging sustainable development, calls, in particular, for a clear definition of the instances in which these policies help aggravate existing problems or create fresh problems.
Amendment 7
Recital 9 a (new)
(9a) Environmental criteria should be duly applied to EU-financed projects and programmes, and it should be possible to withhold funding from projects that prove damaging to the environment.
Amendment 8
Recital 13
   (13) The prevention of climate change can be achieved without a reduction in levels of growth and prosperity through the de-coupling of economic growth from emissions .
   (13) The prevention of climate change can be achieved without a reduction in levels of growth and prosperity through the de-coupling of economic growth from intensified use of natural resources and raw materials, applying efficiency criteria to the means of production .
Amendment 9
Recital 13 a (new)
(13a) The importance of renewable raw materials will increase with efforts to move towards a more sustainable economic system. In particular, biomass produced in forests and fields should have a greater role to play in energy production as it replaces fossil fuels, at the same time reducing CO2 emissions into the atmosphere and improving the EU's self-sufficiency in energy. Promoting the use of renewable natural resources will also protect opportunities for subsistence in the countryside. The EU should promote this development.
Amendment 10
Recital 14
   (14) Healthy and balanced natural systems are essential for supporting life on the planet.
   (14) Healthy and balanced natural systems are essential for supporting life on the planet and for that reason they need to be protected by means of legislation with clear, ambitious conservation objectives, and incentives to encourage the local population to make a larger commitment to their preservation .
Amendment 11
Recital 19
   (19) Greater focus is required on prevention and precaution in developing an approach to protect human health and the environment.
   (19) Greater focus is required on prevention and precaution in developing an approach to protect human health and the environment. Priority needs to be given to informing and training both urban and rural populations with regard to environmental best practices and least environmentally harmful patterns of consumption .
Amendment 12
Recital 21
   (21) Waste volumes in the Community continue to rise, leading to loss of land and resources as well as to pollution.
   (21) Waste volumes in the Community continue to rise, leading to loss of land and resources as well as to pollution. A significant proportion of waste is dangerous, and management must therefore be based on the life cycle of products and an integrated product policy minimising the production of waste.
Amendment 13
Recital 22
   (22) A significant proportion of waste is hazardous.
Deleted
Amendment 14
Recital 23
   (23) Economic globalisation means that environmental action is increasingly needed at international level, requiring new responses from the Community linked to policy related to trade, development and external affairs.
   (23) Economic globalisation means that environmental action is increasingly needed at international level, requiring new responses from the Community linked to policy related to trade, transport, development and external affairs.
Amendment 260
Recital 24
   (24) Environmental policy-making, given the complexities of the issues, needs to be based on sound scientific and economic assessment, based on a knowledge of the state and trends of the environment, in line with Article 174 of the Treaty.
   (24) Environmental policy-making, given the complexities of the issues, needs to be based on sound scientific and economic assessment, including externalities, on the precautionary principle, on dialogue with the stakeholders at an early stage and on a knowledge of the state and trends of the environment, in line with Article 174 of the Treaty.
Amendment 261
Recital 25
   (25) Information to policy makers and the general public has to be relevant, up to date and easily understandable.
   (25) Information to policy makers, stakeholders and the general public has to be relevant, up to date and easily understandable. It has to be available when environmental policy measures are developed and adopted.
Amendment 16
Recital 25 a (new)
(25a) Ratification and enforcement of the Aarhus Convention on access to information, participation in decision-making and access to justice in environmental matters, coupled with stricter compliance with Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(1) , will serve to enhance the involvement of citizens in environmental protection and the very credibility of the Community institutions.
_____________________
   (1) OJ L 158, 23.6.1990, p. 56.
Amendment 20
Article 1, paragraph 2 a (new)
2a. This programme shall be implemented with the support of thematic strategies to be drawn up under the procedures referred to in Articles 174 and 175 of the Treaty.
Amendment 21
Article 2, title
Overall Aim and objectives
Overall Aim of the programme
Amendment 22
Article 2, paragraph 1
   1. The programme lays down the key environmental objectives and priorities of the current and a future enlarged Community that will contribute to the Community's sustainable development strategy, based on an assessment of the state and trends of the environment and the identification of those persistent environmental problems that require a lead from the Community.
   1. The programme lays down the key environmental objectives and priorities of the current and a future enlarged Community. The programme will form the general framework for the Community's environment policy during the programming period on the basis of the principles and approaches defined in the Treaties, in particular Articles 6 and 174 of the EC Treaty.
These objectives and priorities will contribute to the Community's sustainable development strategy, based on an assessment of the state and trends of the environment and the identification of those persistent environmental problems that require a lead from the Community.
Amendment 23
Article 2, paragraph 2
   2. The Programme shall facilitate the full integration of environmental protection requirements into other Community policies while, at the same time, ensuring that measures proposed and adopted in favour of the environment take account of the objectives of the economic and social dimensions of sustainable development, full consideration of all options and instruments, as well as being based on extensive dialogue and sound science.
   2. The Programme shall facilitate the full integration of environmental protection requirements into other Community policies while, at the same time, ensuring that measures proposed and adopted in favour of the environment promote integration between the environmental, social and economic dimensions and give full consideration to all options and instruments, as well as being based on extensive dialogue and sound science.
Amendment 24
Article 2, paragraph 2 a (new)
2a. The programme shall define sectoral environmental objectives, methods and timetables and the indicators to be used for monitoring.
Amendment 25
Article 2, paragraph 2 b (new)
2b. The programme shall form the environmental pillar of the European Union's strategy on sustainable development, taking account of the Rio +10 Conference in 2002.
Amendment 26
Article 2, paragraph 3
   3. The Programme aims at stabilising the atmospheric concentration of greenhouse gases at a level that will not cause unnatural variations of the earth's climate. This will require making progress towards the long-term requirement established by the Intergovernmental panel on climate change to reduce emissions of greenhouse gases by 70% over 1990 levels, with the following objectives:
Deleted
   - Ratification of the Kyoto Protocol and meeting of the target of an 8% reduction in emissions by 2008-12 over 1990 for the current Member States;
   - Placing the Community in a credible position to insist on an international agreement on a new goal for the period subsequent to Kyoto, which should aim at cutting emissions significantly.
Amendment 27
Article 2, paragraph 4
   4. The Programme aims at protecting and restoring the functioning of natural systems and halting the loss of bio-diversity both in the European Union and on a global scale, with the following objectives:
Deleted
   - Protection of the natural environment from damaging pollution emissions.
   - Protection of soils against erosion and pollution.
   - Protection of biological diversity, in line with the Community's bio-diversity strategy(1) .
   - Protection of bio-diversity and landscape values across the rural areas of the Community.
________________________________
   (1) Communication from the Commission to the Council and the European Parliament on a European Community Biodiversity Strategy (COM(1998) 42 final).
Amendment 28
Article 2, paragraph 5
   5. The Programme aims at an environment where the levels of man-made contaminants do not give rise to significant impacts on, or unacceptable risks to, human health. The Programme specifically aims at:
Deleted
   - Achieving better understanding of the threats to human health;
   - Assessing all chemicals produced in relevant quantities in a step by step approach with clear target dates and deadlines (as outlined in the White Paper on the new chemicals strategy), starting with the high production volume chemicals and chemicals of particular concern;
   - Ensuring that the levels of pesticides in the environment do not give rise to significant risks to or impacts on human health and the environment and, more generally, to achieve an overall reduction in the use of pesticides.
   - Achieving levels of water quality that do not give rise to significant impacts on and risks to human health and the environment, and to ensure that the rates of extraction from water resources are sustainable over the long term.
   - Achieving levels of air quality that do not give rise to significant impacts on and risks to human health and environment.
   - Substantially reducing the number of people regularly affected by long-term and significant levels of noise.
Amendment 29
Article 2, paragraph 6
   6. The Programme aims at better resource efficiency and resource and waste management, with the following objectives:
Deleted
   - Ensuring that the consumption of renewable and non-renewable resources and their associated impacts does not exceed the carrying capacity of the environment;
   - A significant reduction in the quantity of waste going to final disposal and the volumes of hazardous waste produced, in the lifetime of the programme
   - Achieving a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable consumption patterns, thereby de-coupling the link between generation of waste and economic growth.
   - For wastes that are still generated: they should be non-hazardous or present as little risk as possible; preference should be given to recovery and especially to recycling the quantity of waste for final disposal should be minimised and should be safely destroyed or disposed of; waste should be treated as closely as possible to the place of its generation, to the extent that this is compatible with Community legislation and does not lead to a decrease in the economic and technical efficiency in waste treatment operations.
Amendment 30
Article 2, paragraph 7
   7. The Programme shall promote the adoption of policies and approaches that permit sustainable development in the candidate countries.
Deleted
Amendment 31
Article 2, paragraph 8
   8. Promoting environment and sustainable development in the Candidate countries through:
Deleted
   - Extended dialogue with the administrations in the Candidate Countries on sustainable development;
   - Co-operation with environmental NGOs and business in the Candidate Countries to raise awareness.
Amendment 32
Article 2, paragraph 9
   9. The Programme shall stimulate the development of a global partnership for environment and contribute to sustainable development by ensuring:
Deleted
   - The integration of environmental and sustainable development concerns and objectives into all aspects of the Community's external relations;
   - That environmental issues are addressed and are properly resourced by international organisations;
   - The implementation of international conventions relating to the environment;
   - The active search for consensus on the evaluation of risk to health and the environment, including the sharing of information, collaboration on research and the development of testing procedures with a view to facilitate international consensus on risk management approaches, including the application of the precautionary principle where necessary.
Amendment 33
Article 2, paragraph 10
   10. The Programme shall ensure that the Community's environmental policy-making is undertaken in an integrated way, based on an extensive and wide ranging dialogue with stakeholders, citizen involvement, an analysis of cost-effectiveness and sound scientific data and information, taking into account the latest research and technological development.
Deleted
Amendment 34
Article 2 a (new)
Article 2a
General objectives
   1. The Programme aims at stabilising the atmospheric concentration of greenhouse gases at a level that will not cause unnatural variations of the earth's climate.
Amendment 35
Article 2 a, paragraph 2 (new)
   2. The Programme aims at protecting and restoring the functioning of natural systems and halting the loss of bio-diversity both in the European Union and on a global scale. It also aims at the protection of soils against erosion.
Amendment 36
Article 2 a, paragraph 3 (new)
   3. The Programme aims at a non-toxic environment, with concentrations in the environment approaching background values for naturally occurring hazardous substances and close to zero for man-made synthetic hazardous substances.
Amendment 37
Article 2 a, paragraph 4 (new)
   4. The Programme aims to ensure that the consumption of renewable and non-renewable resources and their associated impacts does not exceed the carrying capacity of the environment. It also seeks to put an end to the harmful dependency which exists between the use of natural resources and economic growth by significantly improving the efficiency of the use of natural resources, for example by means of greater use of economic instruments. The programme also seeks to reduce the concentration of economic growth on material well-being and to prevent waste generation.
Amendment 39
Article 2 a, paragraph 5 (new)
   5. The Programme aims to promote solutions which are compatible with sustainable development in the countries which are candidates for EU membership.
Amendment 40
Article 2 a, paragraph 6 (new)
   6. The Programme aims to promote the development of a global partnership for environment and to stress the EU's leading role in overcoming environmental problems and threats.
Amendment 41
Article 2 a, paragraph 7 (new)
   7. In order to achieve sustainable development and economic and social cohesion, provisions relating to support at Member State level shall give special consideration to the situation of small-scale farmers and family farming, as well as the need for specific support for goods and services of public interest in the context of multifunctional agriculture.
Amendment 42
Article 2 a, paragraph 8 (new)
   8. The programme shall give technical, human and, when possible, financial aid to allow developing countries to make progress on sustainable development in the face of the growing phenomenon of economic globalisation.
Amendment 43
Article 2 a, paragraph 9 (new)
   9. The achievement of these objectives can be encouraged by developing local Agenda 21.
Amendments 276 and 44
Article 3*, introductory clause and point 1
The objectives set out in Article 2 on strategic approaches shall be pursued inter alia by means of the following priority actions.
The development of environmental legislation and the monitoring of its implementation in the Member States is the Community's priority method for improving the state of the environment and achieving the objectives set out in this Programme. Environmental legislation shall be developed in accordance with the principles set out in theTreaty, including the precautionary principle, the principle that waste is to be treated at its place of origin, the prioritisation of prevention and the “polluter pays” principle, also taking into account other decisions and programmes. The replacement of hazardous substances by less hazardous substances shall also be promoted.
   1. Encouraging more effective implementation of Community legislation on the environment and without prejudice to the Commission's right to initiate infringement proceedings requires:
* (Article 3 becomes a new Article 7a)
   - Support to the exchange of information on best practice on implementation by the IMPEL network;
   - Measures to combat environmental crime.
   - Promotion of improved standards of inspection and monitoring by Member States.
Amendment 45
Article 3, point 2, introduction
   2. Integration of environmental protection requirements into the definition of all Community policies and activities. This requires:
   2. Integrating environmental protection requirements into definition of all Community policies and activities with a view to promoting sustainable development. Special efforts need to be made in the following sectors: transport, energy, industry, agriculture and fisheries, accompanied by specific environmental objectives and time limits. This requires:
Amendment 47
Article 3, point 2, indent 2
   - Regular monitoring, via relevant indicators, and reporting on the process of sectoral integration;
   - reorganising the Commission's work to ensure that environmental requirements are taken into account in preparing all Commission initiatives;
Amendment 48
Article 3, point 2, indent 2 a (new)
   - adopting a common framework for the integration of environmental concerns based on the criteria drawn up by the European Environment Agency for evaluating the way in which environmental concerns are integrated into the various sectors of the economy. This framework will define, by 2002, the necessary links between this Programme, the sustainable development strategy and the Cardiff strategy. In order to reinforce the results of the Cardiff process, the Commission must set up and lead working groups involving experts from the relevant sector in the Member States together with the environmental authorities;
Amendment 263
Article 3, point 2, indent 3
   - Further integration of environmental criteria into Community funding programmes:
   - further integration of environmental criteria into Community funding programmes by the establishment of an inventory of environmentally negative subsidies by 2002 and the elimination, by 2005, of subsidies with significant negative impacts on the environment, such as subsidies to fossil fuel production and consumption;
Amendment 252
Article 3, paragraph 2, indent 3a (new)
   - monitoring the social dimension of sustainable urban and rural development, and population trends within the EU;
Amendment 50
Article 3, paragraph 2, indent 3 b (new)
   - adopting a high level of environmental protection as one of the priority objectives of the Common Agricultural Policy and of Community funding programmes in general;
Amendment 51
Article 3, paragraph 2, indent 3 c (new)
   - introduction of a binding environmental impact assessment for all decisions and legislative proposals by the Commission and publication of the results;
Amendment 53
Article 3, paragraph 2, indent 3 d (new)
   - encouraging innovation and involvement of local communities in the management of services and the environment;
Amendment 54
Article 3, paragraph 2, indent 3 e (new)
   - stepping up environmental research.
Amendment 55
Article 3, paragraph 2 a, introduction (new)
2a. Encouraging more effective implementation of Community legislation on the environment, without prejudice to the Commission's right to initiate infringement proceedings. This requires:
Amendment 56
Article 3, paragraph 2 a, indent 1 (new)
   - support to the exchange of information on best practice on practical implementation by the IMPEL network, including action by local authorities;
Amendment 57
Article 3, paragraph 2 a, indent 2 (new)
   - measures to combat environmental crime;
Amendment 58
Article 3, paragraph 2 a, indent 3 (new)
   - development by the Commission of a strategy of publicising information concerning compliance with individual directives ("name, shame and fame" strategy);
Amendment 59
Article 3, paragraph 2 a, indent 4 (new)
   - a swift, transparent procedure for sanctioning those Member States which fail to comply with Community legislation;
Amendment 60
Article 3, paragraph 2 a, indent 5 (new)
   - development by the Commission of ways of penalising Member States which fail to transpose environmental directives within the required period;
Amendment 61
Article 3, paragraph 2 a, indent 6 (new)
   - promotion of harmonised and improved binding standards of authorisation, inspection and monitoring by Member States;
Amendment 62
Article 3, paragraph 2 a, indent 7 (new)
   - development, with Member States, of guidance on the practical implementation of new Directives, supported by comparative reviews on differing national approaches to practical implementation to enable shared policy learning;
Amendment 63
Article 3, paragraph 2 a, indent 8 (new)
   - providing the Commission services with sufficient financial and human resources to bring to a conclusion proceedings in respect of infringements of environmental law within a reasonable period;
Amendment 64
Article 3, paragraph 2 a, indent 9 (new)
   - enhancing and upgrading the necessary knowledge for monitoring the state of the environment in Europe (including pressures, dynamics and trends);
Amendment 65
Article 3, paragraph 2 a, indent 10 (new)
   - payment of EU funding only when the relevant environmental legislation has been complied with.
Amendment 264
Article 3, paragraph 2 b (new)
2b. Drawing up individual thematic strategies under Article 175 of the Treaty on the environmental problems causing the greatest concern, having due regard for the priority areas of the Programme.
A thematic strategy shall include qualitative and quantitative environmental and sectoral objectives against which long-term effects and methods may be measured.
The Commission shall define the content of a thematic strategy (objectives, methods, timetables) in the form of a proposal for a framework directive to the European Parliament and the Council.
Thematic strategies shall be developed and implemented in close consultation with stakeholders such as NGOs, industry, other social partners and public authorities, ensuring, as appropriate, consultation of the accession candidate countries in this process.
Thematic strategies shall be ready for implementation by 2003 at the latest
Thematic strategies shall be monitored and assessed in the following ways:
   - the Commission shall report regularly to the European Parliament and the Council on developments,
   - indicators shall be developed between the European Environment Agency and Eurostat, and follow-up reports shall be published regularly on the state of the environment, environmental problems and likely changes and their causes,
   - scenarios and models shall be drawn up seeking to predict future trends .
Amendment 67
Article 3, paragraph 2 c (new)
2c. Creating a link between this Programme and the Research Framework Programme; thematic strategies must make use of research resources and account must be taken, in targeting research, of objectives set in the environment programme.
Amendment 68
Article 3, paragraph 3
   3. To promote the polluter pays principle, through the use of market based instruments, including the use of emissions trading, environmental taxes, charges and subsidies, to internalise the negative as well as the positive impacts on the environment.
   3. Promoting the polluter pays principle, through the use of market based and other instruments, as appropriate , including the use of emissions trading, environmental taxes, charges and subsidies, environmental liability, and extended producer liability in all the main waste streams, to internalise the negative as well as the positive impacts on the environment.
Making it compulsory to have civil liability insurance in processes or activities that may have serious adverse effects on the environment, so as to take a financial approach to tackling the possible adverse effects and making good the damaged environment.
Amendment 292
Article 3, paragraph 4, new indent 1 a
   - building environmental competence internally in enterprises and among the stakeholders that influence enterprises' product development and environmental action by setting up a programme building environmental competence in enterprises and in the interaction of enterprises with authorities, research and development institutions, advisors and investors, as well as building environmental competence in product chains.
Amendment 69
Article 3, paragraph 4, indent 2
   - Establishing a compliance assistance programme, with specific help for small and medium enterprises;
   - establishing a compliance assistance programme, with clear-cut specific help for small and medium enterprises to enable them to cover environmental issues in their business models, and for local authorities ;
Amendment 70
Article 3, paragraph 4, indent 4
   - Promoting an integrated policy approach that will encourage the taking into account of environmental requirements throughout the life-cycle of products, and more widespread application of environmentally friendly processes and products;
   - promoting an integrated and environmentally effective policy approach that will encourage the taking into account of environmental requirements throughout the life-cycle of products, and more widespread application of environmentally friendly processes and products;
Amendments 265 and 286
Article 3, paragraph 4, indent 5
   - Encouraging voluntary commitments and agreements to achieve clear environmental objectives.
   - ensuring that voluntary commitments and agreements have a legal framework which grants the European Parliament and the Council the right of participation and adoption of objectives, guarantees public access and involvement, and contains effective monitoring mechanisms and penalties; encouraging voluntary commitments and agreements in situations where an effort is being made to speed up new legislation, or the introduction of new, more environmentally sound production procedures;
Amendment 72
Article 3, paragraph 4, indent 5 a (new)
   - developing monitoring and benchmarking systems so that information can be obtained on the implementation of the objectives of voluntary agreements, their effectiveness and their impact;
Amendment 73
Article 3, paragraph 4, indent 5 b (new)
   - providing for training in new skills (knowledge, cognitive tools, basic and specialised professional skills) appropriate for achieving sustainable development; encouraging coordination between environmental policies and continuous training;
Amendment 74
Article 3, paragraph 4, indent 5 c (new)
   - encouraging consultation with representative organisations of small and medium-sized enterprises and craft enterprises at regional, national and Community level and supporting their assistance and advisory activities to enterprises;
Amendment 75
Article 3, paragraph 4, indent 5 d (new)
   - promoting and implementing the use of fiscal measures such as environmental taxes and incentives, including at Community level.
Amendment 78
Article 3, paragraph 5, indent 3 a (new)
   - prioritising, in the conclusion of public procurement contracts, goods and services which are environmentally sound throughout their life-cycle;
Amendment 80
Article 3, paragraph 5, indent 3 b (new)
   - promoting environmentally sound activities by assessing Community competition law and the internal market, using best practice as a guideline, beginning with the assessment of environmentally sound activities in the Community institutions;
Amendment 81
Article 3, paragraph 5, indent 3 c (new)
   - developing an EU-wide environmental education strategy;
Amendment 82
Article 3, paragraph 5, indent 3 d (new)
   - encouraging instruments for participation, such as the Aarhus Convention, and communications networks for the exchange and dissemination of information on the environment.
Amendment 266
Article 3, paragraph 6, indent 2
   - Calling on the European Investment Bank to strengthen the integration of environmental objectives and considerations into its lending activities;
   - requiring the European Investment Bank to develop strict criteria for taking account of the general objectives of this Programme and of environmental legislation in its lending activities, with the granting of loans being made subject to compliance with environmental rules;
Amendment 85
Article 3, paragraph 6, indent 2 a (new)
   - carrying out a new financial assessment, taking account of the costs of maintenance and costs of a non-environmental policy in the various sectors. To this end the Commission shall present to Parliament, before 2003, a comparative study on costs of this kind.
Amendment 288
Article 3, paragraph 7, indent 1
   - Legislation on environmental liability.
   - effective legislation on environmental liability, applying the "polluter pays" and precautionary principles to any potentially dangerous materials, and the protection of biodiversity, to be in place by 2003.
Amendment 88
Article 3, paragraph 8, indent 1
   - Supporting the provision of accessible information to citizens on the environment;
   - supporting the provision of easily understandable, accessible information to citizens on the environment, giving particular priority to children and young people ;
Amendment 90
Article 3, paragraph 8, indent 2 a (new)
   - bringing together information on a single website, specifically devoted to this purpose;
Amendment 91
Article 3, paragraph 8, indent 2 b (new)
   - developing environmental education in close cooperation with schools and adult education bodies, with particular reference to measures by environmental protection agencies and non-governmental organisations, so as to ensure that the data obtained over time from environmental monitoring measures are accessible and can be easily understood and used by local communities to enable them to participate critically and actively in the democratic running of the regional environment;
Amendment 92
Article 3, paragraph 8, indent 2 c (new)
   - developing European initiatives to raise the awareness of citizens and local authorities.
Amendment 93
Article 3, paragraph 9, indent -1 (new)
   - promoting the use of the EU-wide regional planning instrument, the Interreg-III programme, in large-scale interregional environmental protection projects, with particular reference to the Baltic and Mediterranean areas. The aim is to create regional programmes whereby all the relevant coastal states can be involved in cooperation to protect and develop the area;
Amendment 94
Article 3, paragraph 9, indent -1 a (new)
   - making it possible to use appropriations from the Community's Interreg-III programme in conjunction with those from the Tacis, Meda, Phare and ISPA programmes;
Amendment 95
Article 3, paragraph 9, indent 1
   - Promoting best practice with respect to sustainable land use planning, with particular emphasis on the Integrated Coastal Zone Management programme;
   - promoting best practice with respect to sustainable land use planning, with particular emphasis on transport planning and the Integrated Coastal Zone Management programme and the protection of the cultural heritage and historic European city centres and villages ;
Amendment 96
Article 3, paragraph 9, indent 1 a (new)
   - encouraging Member States to use regional planning as an instrument for guaranteeing the citizen a better environment. Supporting programmes and networks which promote the exchange of experience on sustainable regional development, particularly in urban and densely populated areas,
Amendment 97
Article 3, paragraph 9, indent 1 b (new)
   - encouraging Member States to further develop trans-national co-operation on urban issues, and on spatial planning, with particular emphasis on the European Spatial Development Perspective, with a view to promoting holistic and integrated approaches;
Amendment 98
Article 3, paragraph 9, indent 2
   - Supporting programmes and networks fostering the exchange of experience and the development of good practice on sustainable urban development and on sustainable sea exploitation;
   - supporting regional programmes to promote the establishment, together with the relevant infrastructure, of various activities compatible with sustainable development, with particular reference to preventing climate change and the uncontrolled growth of towns, and restoring run-down areas in large population centres;
Amendment 99
Article 3, paragraph 9, indent 2 a (new)
   - promoting the production of European maritime charts that include natural resources and the subaquatic cultural heritage;
Amendments 100 and 246
Article 3, paragraph 9, indent 3
   - Increasing resources and giving broader scope for agri-environment measures under the Common Agricultural Policy;
   - more effective allocation of resources and giving broader scope for agri-environment measures in the context of the revision of the Common Agricultural Policy in 2003 and in particular giving high priority to the development and growing of energy crops, and the recycling of waste biomass for energy purposes EU-wide ;
Amendment 101
Article 3, paragraph 9, indent 3 a (new)
   - specifying sensitive areas, such as wetlands, in any regional management or planning programme.
Amendment 104
Article 4, introduction
The objectives set out in Article 2 on climate change shall be pursued inter alia by means of the following priority actions.
The Programme aims at stabilising the atmospheric concentration of greenhouse gases at a level that will not cause unnatural variations of the earth's climate. This will require making progress towards the long-term requirement established by the intergovernmental panel on climate change to reduce emissions of greenhouse gases by 70% over 1990 levels (50% by 2040), with the following objectives:
Amendment 105
Article 4, introduction, indent 1 (new)
   - ratification of the Kyoto Protocol in 2002 and meeting of the target of an 8% reduction in emissions by 2008-2012 over 1990 for the current Member States;
Amendment 106
Article 4, introduction, indent 2 (new)
   - In the context of the 8% reduction EU target, stabilising CO2 transport emissions by 2008-2012 as a first step;
Amendment 107
Article 4, introduction, indent 3 (new)
   - taking the initiative as an active participant in international climate talks, so that solutions can be found to enable the obligations of the Kyoto protocol to be implemented. The EU should establish objectives for the negotiations which will begin in 2005 at the latest. The EU should also prepare its own measures at Community level in order to achieve further reductions;
Amendment 108
Article 4, introduction, indent 4 (new)
   - placing the Community in a credible position to insist on an international agreement on a new goal for the period subsequent to Kyoto by taking convincing steps to make the switch to a low CO2 economy and society possible; such an agreement should aim at cutting emissions within the EU by 30-40% by 2020 compared with 1990;
Amendment 109
Article 4, introduction, indent 5 (new)
   - establishing product standards which minimise the energy consumption of electrical and electronic equipment and of means of transport and which, where possible, require the use of sustainable energy;
Amendment 247
Article 4, point 1, first indent
   - ratifying and implementing the Kyoto Protocol
   - ratifying and implementing the Kyoto Protocol immediately a successful outcome of the resumed COP-6 negotiations has been achieved, and in any event no later than the end of 2002;
Amendment 114
Article 4, paragraph 1, indent 2
   - Establishing objectives to be achieved in a cost effective way for reductions in greenhouse gas emissions in the various sectors, in conjunction with the European Climate Change Programme;
   - establishing objectives to be achieved in a cost effective way for reductions in greenhouse gas emissions in the various sectors, particularly transport, the energy industry, industrial agriculture and the building sector, in conjunction with the European Climate Change Programme;
Amendment 116
Article 4, paragraph 1, indent 2 a (new)
   - including all motor vehicles in the Community strategy on the reduction of CO2 emissions;
Amendment 117
Article 4, paragraph 1, indent 2 b (new)
   - encouraging a shift towards rail and waterways and the use of public transport;
Amendment 118
Article 4, paragraph 1, indent 2 c (new)
   - if the goal of stabilising CO2 emissions in the transport sector cannot be met with current measures: revising the European Automobile Manufacturers Association (ACEA) voluntary agreement on CO2 emissions from passenger cars(1) ;
_______________________
   (1) Commission Recommendation 1999/125/EC of 5 February 1999 on the reduction of CO2 emissions from passenger cars , OJ L 40, 13.2.1999, p. 49.
Amendment 290
Article 4, paragraph 1, indent 3
   - Establishing a Community-wide emissions trading scheme in CO2.
   - Establishing by 2005 a Community-wide emissions trading scheme in CO2 in selected sectors and with clear monitoring;
Amendment 120
Article 4, paragraph 1, indent 3 a (new)
   - establishing Community measures for the reduction of industrial greenhouse gases (HFC, PFC, SF6…);
Amendment 248
Article 4, point 1, fifth indent
   - Encouraging a shift towards low carbon fuels for power generation;
   - Encouraging a shift towards low carbon fuels for power generation; providing incentives to encourage a shift towards efficient energy production plants, including combined heat and power ;
Amendment 123
Article 4, paragraph 1, indent 6
   - Encouraging renewable energy sources, with a view to meeting a target of 12% of energy from renewable sources by 2010;
   - encouraging renewable energy sources, with a view to meeting a target of 15% of energy from renewable sources by 2010; encouraging credible energy certification schemes and introduction by 2005 of a EU green energy label; promoting the use of combined heat and power with a view to ensuring that the target of an 18% share of overall Community heat and power production by 2010 is met;
Amendment 291
Article 4, paragraph 1, indent 7
   - Promoting the use of fiscal measures, including at the Community level, to encourage a switch to cleaner energy and transport and to encourage technological innovation, including the adoption of a framework for energy taxation ;
   - promoting the use of fiscal measures, including at Community level, to encourage a switch to cleaner energy and transport and to encourage technological innovation, including the adoption of a framework for environmental taxation, in particular energy taxation with a view to more ambitious environmental targets for energy taxation aiming at the full internalisation of external costs;
Amendment 254
Article 4, paragraph 1, indent 8
   - encouraging environmental agreement with industry sectors on energy efficiency;
   - encouraging environmental agreement with industry sectors on energy efficiency and promoting a sustainable, alternative, diversified and flexible energy policy which in particular allows the need for conversion in the applicant countries to be met ;
Amendment 284
Article 4, paragraph 1, indent 9
   - Identifying specific actions to reduce greenhouse gas emissions from aviation if no such action is agreed within the International Civil Aviation Orgnisation by 2002.
   - identifying specific actions to reduce greenhouse gas emissions in all transport sectors. This applies in particular to aviation if no such action is agreed within the International Civil Aviation Organisation by 2002, on the basis of the Kyoto Protocol.
Amendment 127
Article 4, paragraph 1, indent 9 a (new)
   - promoting the use of more environment-friendly means of transport, particularly by enhancing the role of urban public transport, as part of measures to reduce CO2 emissions.
Amendment 128
Article 4, paragraph 1, indent 9 b (new)
   - anticipating the growth in transport demand and improving the environmental efficiency of all modes of transport;
Amendment 130
Article 4, paragraph 1, indent 14 a (new)
   - promoting forms of transport that are more energy-efficient
Amendment 287
Article 4, paragraph 1, indent 14 b (new)
   - ensuring that alternative fuels, including biofuels, account for at least 7 % of fuel consumption of cars and trucks by 2010, and at least 20 % by 2020.
Amendment 131
Article 4, paragraph 2, indent 2
   - Encouraging regional climate modelling and assessments to prepare regional adaptation measures and to support awareness raising among citizens and business.
   - encouraging regional climate modelling and assessments to prepare regional and local adaptation measures and to support awareness raising among citizens and business.
Amendment 132
Article 4, paragraph 2, indent 2 a (new)
   - promoting environmental protection as an indicator of effectiveness in the accompanying framework of the Structural Funds, Cohesion Fund and pre-accession financial instruments (ISPA, SAPARD, PHARE).
Amendment 133
Article 5, introduction
The objectives set out in Article 2 on the protection and restoration of natural systems and bio-diversity shall be pursued by means of the following priority actions. This requires:
The Programme aims at protecting and restoring the functioning of natural systems and halting the loss of bio-diversity both in the European Union and on a global scale. This objective shall be pursued in the following ways:
Amendment 134
Article 5, introduction, indent 1 (new)
   - protecting the natural environment from damaging pollution emissions;
Amendment 136
Article 5, introduction, indent 2 (new)
   - protecting soils from erosion, deterioration and desertification;
Amendment 137
Article 5, introduction, indent 3 (new)
   - protecting and guaranteeing biological diversity, in line with the Community's bio-diversity strategy(1) , promoting action by the Member States, and facilitating the requisite funding and the adoption of other measures to protect species and habitats in accordance with the Habitats Directive(2) and the Wild Birds Directive(3) . Populations of endangered species should be kept viable in the long term, and they should be enabled to spread to new areas within their natural range;
______________________
   (1) Communication from the Commission to the Council and the European Parliament on a European Community Biodiversity Strategy (COM(1998) 42 final). Council conclusions of 21 May 1998.
   (2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206 , 22.7.1992, p. 7) .
   (3) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1 .
Amendment 138
Article 5, introduction, indent 4 (new)
   - protecting biological diversity and valuable landscapes in rural areas throughout the Community and the urban and rural cultural heritage of the European Union;
Amendment 139
Article 5, introduction, indent 5 (new)
   - protecting biological diversity and genetic variation in wooded landscapes and woods;
Amendment 140
Article 5, introduction, indent 6 (new)
   - halting genetic loss and the disappearance of species, populations and eco-systems in the EU;
Amendment 141
Article 5, introduction, indent 7 (new)
   - protecting water, as a resource essential to the survival of most of the EU's ecosystems and its biodiversity.
Amendment 142
Article 5 (-1) (new)
   - 1. Evaluating the establishment in practice of Natura 2000 areas and developing means to ensure that they are effectively established as well as new instruments to protect species outside Natura 2000 areas;
Amendment 143
Article 5, paragraph - 1 a (new)
   - 1a. Continuing the creation of nature conservation areas within the EU in the context of the Natura 2000 network and expanding it to cover the accession candidate countries and marine ecosystems;
Amendment 144
Article 5, paragraph -1 b (new)
   - 1b. Encouraging the Member States to draw up uniform assessments of the degree of threat to all their species, based on the criteria developed by the International Union for the Conservation of Nature and Natural Resources (IUCN), and stepping up scientific cooperation and research to deepen knowledge about Europe's animal species and their genetic variation, paying particular attention to the protection of endangered species.
Amendment 145
Article 5, paragraph -1 c (new)
   - 1c. Promoting research into natural diversity, the protection of land-based and marine ecosystems and the beneficial interaction of human activity and natural diversity.
Amendment 147
Article 5, paragraph 1, indent 2
   - Developing measures to help prevent the major accident hazards arising from pipelines and mining, and measures on mining waste .
   - Developing measures to help prevent the major accident hazards arising from pipelines and mining.
Amendment 148
Article 5, paragraph 2
   2. A thematic strategy on soil protection.
   2. Devising a thematic strategy on soil protection with due consideration for adequate land management and support for farming practices which combat erosion and are environmentally balanced, and promoting research and training to this end in order to prevent soil pollution, erosion and desertification. The strategy should comprise objectives and methods defined together with stakeholders, including reducing landfill, industrial and mining waste and waste transported by air and water, as well as environmental stresses caused by agriculture, and the development of land use .
Amendment 256
Article 5, point 3
   3. Promoting the integration of landscape protection and restoration into other policies.
   3. Devising thematic strategies for promoting the integration of landscape protection and restoration into other policies , and application of the European Landscape Convention.
Amendment 150
Article 5, paragraph 4
   4. Encouraging further development of the positive elements of the relationship between agriculture and the environment in future reviews of the Common Agricultural Policy.
   4. Reassessing the incentives to high-intensity agriculture by shifting production subsidies to activities which seek to protect nature, the environment and the landscape in the context of the revision of the Common Agricultural Policy in 2003, and enhancing rural development activities and local production which supports environmentally sound farming and other rural activities. It is important that the adjustments made to the Common Agricultural Policy help to develop a policy on the rural environment.
Amendment 257
Article 5, point 4 a (new)
4a. Reassessing the support systems for agriculture so that they are less focused on industrialised and non-sustainable methods and outputs and do more to encourage other agricultural aspects, including activities which seek to protect nature, the environment and the landscape, and enhance rural development activities and local production, and promote the development of energy crops and biomass;
Amendment 151
Article 5, paragraph 4 b (new)
4b. Encouraging and creating incentives for the preparation of integrated national, regional or local plans that will include protection, active strategies and policies for the conservation of biodiversity, natural resources, flora and fauna (Natura 2000) and their relation with agricultural and industrial production systems, and risk management.
Amendment 152
Article 5, paragraph 5
   5. Promoting greater integration of environmental considerations in the Common Fisheries Policy, taking the opportunity of its review in 2002.
   5. Incorporating environmental considerations in the Common Fisheries Policy, taking the opportunity of its review in 2002.
Amendment 268
Article 5, paragraph 5 a (new)
5a. Introducing a legislative framework on Integrated Coastal Zone Management (ICZM);
Amendment 153
Article 5, paragraph 6, indent 2
   - The continuation of the existing Community measures on the protection of forests with increased emphasis on the monitoring of the multiple functions of forests;
   - The continuation of the existing Community measures on the protection of forests with increased emphasis on the monitoring of the multiple functions of forests, including the contribution that forestry products and wastes can make to the EU's renewable energy commitment ;
Amendment 283
Article 5, paragraph 6, indent 3
   - Encouraging credible forest certification schemes.
Encouraging credible forest certification and forest product labelling schemes, including an adequate chain of custody, in order to encourage owners of woods to conserve and protect valuable woodlands. Bilateral or mutual recognition of different certification schemes, although positive in principle, is only appropriate when the certification schemes are substantively equivalent. Equal participation of all relevant interest groups is a central prerequisite. An EU-wide forest certification label should be based on internationally accepted principles and criteria, that have the support of the private forest owners and forestry industry as well as environmental and social NGOs.
Amendment 155
Article 5, paragraph 6, indent 4
   - The continuation of the active participation of the Community in the implementation of the resolutions of the ministerial conferences on the Protection of Forests in Europe and in the international discussion and negotiations on forest-related issues.
   - The continuation of the active participation of the Community in the implementation of the resolutions of the ministerial conferences on the Protection of Forests in Europe and in the international discussion and negotiations on forest-related issues, particularly the UN's forestry forum .
Amendment 156
Article 5, paragraph 6, indent 4 a (new)
   - proposing the establishment of cross-border green belt networks in Europe.
Amendment 157
Article 5, paragraph 7
   7. A thematic strategy for the protection of the marine environment.
   7. Devising a thematic strategy for the protection of the marine environment, with the task of conserving the diversity of that environment and the sustainable use of natural resources, as well as reducing the quantity of waste dumped in the sea. This strategy should include regular aerial inspections of coastlines and the adoption and implementation without delay of the regulatory provisions concerning safety at sea. The objectives and methods should be defined in cooperation with stakeholders, and should be brought to bear on the impact of human activities in coastal areas, the eutrophication which may be caused by nitrogen and phosphorus coming from the soil and the air, non-sustainable tourism, accidents, pollution caused by shipping, harbours and radioactive waste, and the impact of fishing .
Amendment 158
Article 5, paragraph 7 a (new)
7a. Ratifying and putting into practice the Cartagena biosafety protocol.
Amendment 159
Article 5, paragraph 8
   8. Reinforcing controls on monitoring, labelling and traceability of GMOs.
   8. Drawing up a horizontal set of European Parliament and Council regulations relating to labelling and traceability of both genetically modified organisms and their derived products, with the aim of improving the monitoring of these products, their labelling and their traceability throughout the food chain.
Amendment 160
Article 6, introduction
The objectives set out in Article 2 on health and environment shall be pursued by means of the following priority actions:
The Programme aims to protect the purity and healthiness of people's living environment, food and drinking water, and in particular:
Amendment 161
Article 6, introduction, indent 1 (new)
   - to achieve better understanding of the threats to human health;
Amendment 162
Article 6, introduction, indent 2 (new)
   - to achieve by 2020 the long-term objectives of the ozone directive currently in preparation and the EU national emission ceilings;
Amendment 289
Article 6, introduction, indent 3 (new)
   - to ensure that all legislation to implement the new chemicals policy is in place by 2004.
Amendment 270
Article 6, introduction, indent 4 (new)
   - to ensure that the levels of pesticides in the environment do not give rise to negative risks to or impacts on human health or the environment and, more generally, to achieve an overall reduction in the use of pesticides. Pesticides in use should not be persistent or bio-accumulative;
Amendment 165
Article 6, introduction, indent 5 (new)
   - to establish product standards in the textiles and clothing, food, construction materials, carpet and furniture sectors so as to prohibit or minimise the use of substances which are harmful to health and/or the environment.
Amendment 166
Article 6, introduction, indent 6 (new)
   - to monitor the cultivation of genetically modified organisms in the open environment in order to assess possible impact on and risks to human health and environment, including the health of wild and domestic animals and plants, and if and when necessary responding to such threats with legislation, including further reform of the directive governing the deliberate release of such organisms.
Amendment 167
Article 6, introduction, indent 7 (new)
   - to achieve levels of water quality that do not give rise to significant impacts on and risks to human health and the environment, so as to be sure that negative effects by human activity on water eco-systems can be reduced, and to ensure that the rates of extraction from water resources are sustainable over the long term, thus enabling water-dependent eco-systems to be maintained and improved; water eco-systems should be free from persistent or bio-accumulative substances;
Amendment 168
Article 6, introduction, indent 8 (new)
   - to ensure that critical loads and levels, in relation to exposure to acidifying, eutrophying and photochemical air pollutants, are not exceeded after 2020;
Amendment 169
Article 6, introduction, indent 9 (new)
   - to achieve levels of air quality that protect all people effectively against recognised health effects from air pollution and take into account the protection of the environment;
Amendment 170
Article 6, introduction, indent 10 (new)
   - to reduce the number of people regularly affected by long-term and significant noise levels.
Amendment 171
Article 6, introduction, indent 11 (new)
   - to identify and establish thematic strategies to ensure the quality of the urban environment and other places of habitation.
Amendment 172
Article 6, introduction, indent 12 (new)
   - to investigate and establish measures to prevent and reduce electro-magnetic pollution, a new source of pollution likely to grow in the near future.
Amendment 173
Article 6, paragraph 1
   1. Reinforcement of Community research and scientific expertise, and encouragement to the coordination of national research programmes, to support achievement of objectives on health and environment, and in particular the:
   1. Reinforcement of Community research and scientific expertise, and encouragement to the coordination of national research programmes, in particular within the Sixth Framework Programme, to support achievement of objectives on health and environment, and in particular the:
Amendment 174
Article 6, paragraph 1, indent 3
   - Examination of the need to update current health standards and limit values, including where the effects on potentially vulnerable groups, such as children or the elderly, are taken into account;
   - Re-examination and updating of current health standards and limit values, including taking into account the effects on potentially vulnerable groups, such as children or the elderly and the synergies and the reciprocal impact of various pollutants;
Amendment 175
Article 6, paragraph 1, indent 4 a (new)
   - Greater integration of research, procedures, projects and measures between the environment protection sector and the health protection sector, which, although separate, should cooperate closely, particularly as regards the following areas:
   - environmental epidemiology;
   - risk communication;
   - building up internal and external risk profiles of productive activities;
   - foodstuff quality controls;
   - health checks on drinking and bathing water.
Amendment 176
Article 6, paragraph 1, indent 4 b (new)
   - Re-assessing how environmental threats to food safety originate and spread.
Amendment 279
Article 6, paragraph 1 a (new)
1a. On industrial policies :
   - reassessing Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control 1 taking into account recent policy developments ;
   - in accordance with Article 15 of that Directive, ensuring that citizens have a right to know about pollutant releases and transfers.
____________
1 OJ L 257, 10.10.1996, p. 26.
Amendment 177
Article 6, paragraph 2, indent 1
   - Developing a new single system for the testing, evaluation and risk management of new and existing substances;
   - Developing a new single system based on the precautionary and substitution principles for the testing, evaluation and risk management of new and existing substances, and testing the substances by 2012 ;
Amendment 178
Article 6, paragraph 2, indent 2
   - Developing a testing regime depending on properties, uses, exposure and volumes of chemicals produced or imported;
   - Developing a testing regime depending on properties, uses, exposure and volumes of chemicals and products produced, imported or exported ;
Amendment 179
Article 6, paragraph 2, indent 3
   - Establishing new specific and accelerated risk management procedures to which substances that give rise to very high concern have to be submitted before they are employed in particular uses;
   - Establishing an authorisation system to which substances that give rise to very high concern have to be submitted before they are employed in particular uses;
Amendment 180
Article 6, paragraph 2, indent 3 a (new)
   - Eliminating gradually the use of hazardous chemicals (e.g. those which are persistent, bio-accumulative or toxic) on their own or in other products, so that the environment can be rid of these substances as far as possible by 2020;
Amendment 181
Article 6, paragraph 2, indent 5 a (new)
   - Implementing international conventions and agreements such as the Convention on the Protection of the North-East Atlantic marine environment (OSPAR);
Amendment 182
Article 6, paragraph 2, indent 5 b (new)
   - Adopting, ratifying and developing the UN Convention on persistent organic pollutants (POPs).
Amendment 183
Article 6, paragraph 2, indent 5 c (new)
   - Ratifying the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade;
Amendment 184
Article 6, paragraph 2, indent 5 d (new)
   - Giving access to data on the properties of all existing chemical substances on the market.
Amendment 187
Article 6, paragraph 2, indent 5 e (new)
   - Labelling products with information on their dangerous chemical content.
Amendment 188
Article 6, paragraph 3, indent 1
   - A thematic strategy on the sustainable use of pesticides;
   - devising a thematic strategy on the sustainable use of pesticides to include sustainable agricultural methods, in particular improving the monitoring of the use and spread of pesticides; replacement of the most hazardous substances with safer ones, including biological alternatives; improving consumer information; use of integrated pesticide technology; use of economic means to halt the use of the most hazardous pesticides;
Amendment 189
Article 6, paragraph 3, indent 1 a (new)
   - Re-assessing, by 2002, Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1) , with the aim of improving the general mechanism of the authorisation system by including comparative assessment, continuous improvements to the testing requirements and public participation;
___________________
   (1) OJ L 230, 19.8.1991, p. 1.
Amendment 191
Article 6, paragraph 3, indent 1 b (new)
   - Regular review of European Parliament and Council Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market(1) , in order to improve the overall mechanism of the authorisation system;
________________
   (1) OJ L 123, 24.4.1998, p. 1.
Amendment 192
Article 6, paragraph 4, indent 1
   - phasing out of the discharge of hazardous substances to water;
   - phasing out of the discharge of hazardous and priority hazardous substances to water;
Amendments 193 and 277
Article 6, paragraph 4, indent 1 a (new)
- Ensuring the complete and effective implementation of the Water Framework Directive1 by way inter alia of the Groundwater Daughter Directive which takes due account of the special importance of groundwater and by progressively adding further substances to the list of priority and of priority hazardous substances lists every 4 years as well as taking special measures for the implementation of existing water protection legislation (for example the Waste Water Directive2 , and the Nitrates Directive3 )
   (1) European Parliament and Council Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
   (2) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).
   (3) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1.)
Amendment 194
Article 6, paragraph 4, indent 2
   - Revising the Bathing Water Directive
   - Revising the Bathing Water Directive with the aim of improving human health, taking account of the development of monitoring procedures and scientific knowledge;
Amendment 195
Article 6, paragraph 4, indent 2 a (new)
   - Extending the sustainability principle to include all water use and applying the strategic evaluation of water resources with the aim of monitoring existing and new risks in order to protect the water requirements of ecosystems;
Amendment 196
Article 6, paragraph 4, indent 2 b (new)
   - Continuously monitoring radioactivity levels, particularly in rivers in Member States which have orographical links with Central and Eastern European countries with high-risk nuclear facilities;
Amendment 198
Article 6, paragraph 5, indent 2
   - A thematic strategy on air pollution to cover priorities for further actions, the review and updating of air quality standards and national emission ceilings and the development of better systems for gathering information, modelling and forecasting;
   - devising a thematic strategy on air pollution to cover priorities for further actions, the review and updating of air quality standards and national emission ceilings and the development of better systems for gathering information, modelling and forecasting, to be presented by the end of 2002 ;
Amendment 199
Article 6, paragraph 5, indent 2 a (new)
   - Developing appropriate procedures for testing emissions and air quality for impurities having the greatest impact on human health, such as low-atmospheric ozone, nitrogen oxide and particulates, and drawing up plans for the reduction of emissions, particularly in urban areas;
Amendment 200
Article 6, paragraph 5, indent 2 b (new)
   - Further development of measures in the areas of transport, the environment and health in cooperation with the WHO, the UN and ECO and ensuring that these measures are compatible with CAFE (Clean Air for Europe) standards;
Amendment 201
Article 6, paragraph 5, indent 2 c (new)
   - Development by the Commission of measures to ensure that the operation of the Clean Air Programme reviews and tightens up current air quality legislation, integrating it into other sectors which have an impact on air quality;
Amendment 203
Article 6, paragraph 5, indent 3 a (new)
   - Investigating solutions and setting out the guidelines required for relocating activities that cause pollution and endanger health outside residential areas, while also seeking economic formulas to encourage them.
Amendment 204
Article 6, paragraph 5, indent 3 b (new)
   - Establishing measures to investigate and combat the adverse effects of electromagnetic pollution on health and the environment.
Amendment 259
Article 6, point 5 a (new)
5a. On risks and benefits of modern technology
   - assessing and describing possible future risks and benefits of modern technology as a result of technological development, in particular those linked to biotechnology and genetically modified products.
Amendment 282
Article 6, paragraph 5 b (new)
5b. On Noise
   - Improving information at Community level on the relationship between noise levels and reactions, on the spread of noise (assessment and mapping) and on exposure to the effects of noise, using common indicators. Noise daughter directives should be developed on the basis of the environmental noise directive(1) currently in preparation and with the participation of affected stakeholders;
   - Considering the need for EU proposals to lay down new or more stringent binding standards on noise emissions, particularly those from motor vehicles, rail, aircraft and machinery. Active efforts must be pursued within the ICAO to arrive at an agreement on new, tighter noise standards for aircraft, failing which action should be taken at EU level.
   - Developing specific support measures to implement at local level the environmental noise directive currently in preparation, also incorporating common guidelines for the drafting of action plans on noise pollution.
   - Reducing substantially by at least 10 % by 2010 and by 20 % by 2020 the number of people regularly affected by long-term and significant noise levels .
   (1) European Parliament and Council Directive …/…/EC relating to the assessment and management of environmental noise, OJ …
Amendment 207
Article 6, paragraph 5 c (new)
5c. On the urban environment and the natural environment:
   - Drafting a directive on the urban and inhabited environment that will include the essential aspects of sustainable development, a list of harmful or dangerous activities, minimum conditions for habitability and creation of an environment that is beneficial to health and well-being;
   - Providing the guidelines needed to propose legislation of the appropriate kind for regional development and sustainable tourism that will permit growth that respects the natural environment, countryside and coastline and safeguard adequate environmental services (for waste, water quality, pollution etc.);
   - Promoting the Community framework for cooperation on sustainable development and the urban environment.
Amendments 278 and 208
Article 7, introduction
The objectives set out in Article 2 on waste and resource management shall be pursued by means of the following priority actions.
The programme aims to de-couple economic growth from the deterioration of the environment and to increase the efficiency of use of resources and waste management by means of :
   - Ensuring that the food industry guarantees product quality in order not to give rise to problems to human health;
   - Encouraging consumers to modify their behaviour;
   - Reducing the quantity of waste by at least 20 % over levels for 2000 during the programming period by implementing a waste prevention initiative, using resources more efficiently and moving towards more sustainable consumption habits; this will make it possible to break the link between waste creation and economic growth ;
   - Ensuring that waste which is created in spite of these efforts is harmless or causes as few risks as possible; that recovery, particularly recycling, is encouraged; that as little waste as possible is sent for final treatment, and the waste can be disposed of and treated safely; that waste is treated as close as possible to its place of origin, where this is possible under Community law and does not reduce the economic and technical efficiency of waste treatment
Amendment 212
Article 7, paragraph 1, indent 2
   - identifying research needs;
   - identifying research needs, particularly the comparison of environmental effects of the use of different natural resources, reduction in the use of raw materials and the use of substitute materials, and establishing appropriate links with the sixth RTD programme ;
Amendment 213
Article 7, paragraph 1, indent 5 a (new)
   - Developing resource-efficiency strategies for industry.
Amendment 215
Article 7, paragraph 3
   3. Revising the legislation on sludges.
   3. Revising the legislation on sludges, packaging materials(1) , batteries and accumulators(2) .
   (1) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, (OJ L 365 , 31.12.1994, p. 10).
   (2) Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances, (OJ L 78, 26.3.1991, p. 38), as amended by Commission Directive 98/101/EC of 22 December 1998, (OJ L 1 , 5.1.1999, p. 1).
Amendment 216
Article 7, paragraph 4
   4. Recommendations on construction and demolition waste.
   4. Legislating on construction and demolition waste.
Amendment 217
Article 7, paragraph 6
   6. A thematic strategy on waste recycling, including measures aimed at ensuring the collection and recycling of priority waste streams.
   6. devising a thematic strategy to promote waste recycling, including measures aimed at ensuring the collection and recycling of priority waste streams that will guarantee the practice of a transparent waste treatment, recycling and disposal market . This strategy should in particular encourage and increase the use of human, animal and household wastes as inputs to the production of electricity, hydrogen and methanol to substitute for existing fossil fuel use in preference to landfill, sea or river outflow and other traditional treatments .
Amendment 218
Article 7, paragraph 6 a (new)
6a. Adopting legislation on PVC and its derivatives and resultant waste;
Amendment 219
Article 7, paragraph 6 b (new)
6b. Applying producer liability to other significant waste streams such as waste furniture, paint, carpets and building materials;
Amendment 220
Article 7, paragraph 6 c (new)
6c. Creating quality standards for the safety of treated and recovered waste (e.g. ashes);
Amendment 222
Article 7, paragraph 6 d (new)
6e. Adopting legislation on mining waste, and in particular re-evaluating the directive on the landfill of waste.
Amendment 223
Article 8, introductory clause
The objectives set out in Article 2 on international issues shall be pursued by means of the following priority actions:
The objectives set out in Article 3 on international issues shall be pursued by means of the following priority actions:
Amendment 224
Article 8, paragraph 1 a (new)
1a. The European Parliament to be informed by the Commission and the Council Presidency before the start of international conferences as to the objectives so as to integrate environmental concerns into the policy of international organisations. After international conferences the Commission and the Council Presidency will produce a report on the conference and its results.
Amendment 251
Article 8, point 1 b (new)
1a. Pending the ratification of the Kyoto Protocol and the establishment of the Clean Development Mechanism, creation of a EU Sustainable Development financial mechanism to assist and promote the transfer and export of EU renewable and zero-emissions energy and related technology to all developing countries, including China and India which are on course to overtake the EU and potentially the US as the world's largest emitters of carbon dioxide in the course of this century.
Amendment 226
Article 8, paragraph 2 b (new)
2b. Encouraging multilateral agreements on the environment in connection with the international trade negotiations.
Amendment 227
Article 8, paragraph 2 c (new)
2c. Supporting the action of regions and local authorities in promoting sustainable development, particularly in the implementation of Agenda 21 and in monitoring at local level.
Amendment 280
Article 8, point 3
   3. Promoting sound environmental practices in foreign direct investment and export credits.
   3. Instituting an EU code of conduct of environmental practices in foreign direct investment and export credits by the time of the mid-term review.
Amendment 228
Article 8, paragraph 3 a (new)
3a. Promoting closer and more effective cooperation with developing countries on environmental matters, by providing adequate funding for sustainable development programmes, with the aim of strengthening the economic balance and contributing to fairer trade .
Amendment 229
Article 8, paragraph 4
   4. Intensify efforts at the international level to arrive at consensus on methods for the evaluation of risks to health and the environment, as well as approaches of risk management including where appropriate the precautionary principle.
   4. Intensify efforts at the international level to arrive at consensus on methods for the evaluation of risks to health and the environment, as well as approaches of risk management including the precautionary principle.
Amendment 230
Article 8, paragraph 5
   5. Ensuring that sustainability impact assessments of trade agreements are carried out.
   5. Ensuring that sustainability impact assessments of trade agreements (e.g. the WTO agreement) are carried out before the EU accedes to them; if the assessment suggests there will be significant damage to the environment either within the EU or elsewhere, ensuring either that the agreement is recast or that the EU does not accede to it .
Amendment 231
Article 8, paragraph 5 a (new)
5a. Supporting cooperation projects, particularly those with Russia, which seek to strengthen sustainable development and reduce cross-border pollution reaching the EU;
Amendment 232
Article 8, paragraph 5 b (new)
5b. Reinforcing environmental cooperation in the Mediterranean and Baltic regions. Encouraging the monitoring of and reporting on environmental problems in these areas with the aim of reducing environmental problems, paying particular attention to cross-border problems.
Amendment 233
Article 9, introductory clause
The objectives set out in Article 2 on environment policy-making based on participation and sound knowledge shall be pursued by means of the following priority actions:
The objectives set out in Article 3 on environment policy-making based on participation and sound knowledge shall be pursued by means of the following priority actions:
Amendment 274
Article 9, point 1
   1. Mechanisms within which stakeholders, especially those directly affected by proposals and other initiatives, are widely and extensively consulted at all stages so as to facilitate the most effective choices and to ensure better a satisfactory result for the environment in regard to the measures to be proposed.
   1. creating mechanisms within which stakeholders, especially those directly affected by proposals and other initiatives, are widely and extensively consulted at all stages so as to facilitate the most effective choices and to ensure better a satisfactory result for the environment in regard to the measures to be proposed. For conflict regulation, mediation between stakeholders can be a useful tool in certain cases.
Amendment 234
Article 9, paragraph 1 a (new)
1a. Ensuring access to information, participation in decision-making and access to justice by ratifying and implementing the Århus Convention in the EU and in the Member States.
Amendment 235
Article 9, paragraph 2
   2. Continuing financial support to environmental NGOs to facilitate participation in the dialogue process .
   2. Increasing financial support to environmental NGOs to strengthen participation in the Community's environmental activities .
Amendment 236
Article 9, paragraph 2 a (new)
2a. Drawing up common rules and principles for proper environmental management in dialogue, e.g. for environmental objectives, drawing up rules on participation and decision-making and defining clearly the responsibility of the Commission, the Member States, and the European Parliament.
Amendment 237
Article 9, paragraph 2 b (new)
2b. Supporting access by the local authorities to information on the environment, particularly on the management of non-renewable urban, cultural and countryside resources.
Amendment 238
Article 9, paragraph 3 a (new)
3a. Continuing the development of the strategic environmental assessment (SEA) as a procedure for the integration of environmental issues, including economic subsidies.
Amendment 239
Article 9, paragraph 3 b (new)
3b. Taking account of the strategies and procedures drawn up in the context of local Agenda 21.
Amendment 240
Article 9, paragraph 3 c (new)
3c. Supporting and encouraging fora set up by the scientific and academic community to enable them to take an active part in environmental policy.
Amendment 241
Article 9, paragraph 4
   4. Ensuring regular information to the public on the environment and related issues by the production of annual headline environmental indicator reports and integration indicators, which show the value of environmental damage where possible .
   4. Review existing monitoring, reporting and evaluation systems with a view to introducing a more coherent and effective system of reporting and evaluating high- quality comparable environmental data and information based on environmental priorities, environmental outcomes and policy development and evaluation needs.
Amendment 243
Article 9, paragraph 6
   6. Reinforcing the development of geographical information systems and the use of space monitoring applications in support of policy-making and implementation.
   6. Reinforcing the development of cartographic and geographical information systems and the use of space monitoring applications in support of policy-making and implementation.
Amendment 244
Article 9, paragraph 6 a (new)
6a. Using the new technologies to ensure the immediate dissemination and circulation of existing and emerging law and of indicators of quality and good practice throughout civil society.
Amendments 245 and 281
Article 10, paragraph 1
   1. The Commission shall evaluate the progress made in implementing the programme in the fourth year of operation. The Commission shall submit this mid-term report together with any proposal for Amendment that it may consider appropriate to the European Parliament and the Council.
   1. The Commission shall evaluate the progress made in implementing the programme, together with associated environmental outcomes, in the fourth year of operation, on the basis of a comprehensive set of indicators . The Commission shall submit this mid-term report together with any proposal for Amendment that it may consider appropriate to the European Parliament and the Council. Such proposals shall also include a second set of measures to implement the objectives and targets of this Programme and the future thematic strategies.
European Parliament legislative resolution on the proposal for a European Parliament and Council decision on laying down the Community Environment Action Programme 2001-2010 (COM(2001) 31 - C5-0032/2001 - 2001/0029(COD) )
A5-0175/2001

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 31 ),

-   having regard to Article 251(2) and Article 175(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0032/2001 ),

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

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Industry, External Trade, Research and Energy, the Committee on Agriculture and Rural Development, the Committee on Regional Policy, Transport and Tourism and the Committee on Petitions (A5-0175/2001 ),

1.   Approves the Commission proposal as amended;

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

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


Compulsory safety belts ***I
Text
Resolution
Proposal for a European Parliament and Council directive amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes (COM(2000) 815 - C5-0684/2000 - 2000/0315(COD) )
A5-0141/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
RECITAL 4 A (new)
(4a) The use of seat belts and child restraint systems is a priority measure to reduce the effects of accidents, but there is also a particular risk associated with transporting a child in a rear-facing safety seat fitted to the front passenger seat of a vehicle fitted with a front passenger air bag when that air bag is activated. In the near future, the Commission should promote information campaigns throughout the EU on these issues, in cooperation with the Member States and/or other organisations active in the field of road safety;
Amendment 2
ARTICLE 1, POINT 2
Article 2, paragraph 1, subparagraph 1 (Directive 91/671/EEC )
   1. For M1 and N1 vehicles, Member States shall require that all occupants of vehicles being used on the road shall wear restraint systems where provided. Children of 12 years of age or older may wear the approved adult safety belt.
   1. For M1 and N1 vehicles, Member States shall require that all occupants of vehicles being used on the road shall wear restraint systems where provided. Children of 12 years of age or older who are over 150 cm in height may wear the approved adult safety belt.
Amendment 3
ARTICLE 1, POINT 2
Article 2, paragraph 1, subparagraph 2 (Directive 91/671/EEC )
Children under 12 years of age shall be restrained by a child restraint system, separate from or additional to the adult-type safety belt, and suitable for the child's mass as is defined in Article 1(3). Where a child is less than 12 years of age but whose mass is greater than 36 kg then an adult safety belt may be worn.
Children under 12 years of age whose height is less than 150 cm shall be restrained by a child restraint system, separate from or additional to the adult-type safety belt, and suitable for the child's mass as is defined in Article 1(3). Where a child is less than 12 years of age but whose height is more than 150 cm then an adult safety belt may be worn.
Amendment 4
ARTICLE 1, POINT 2
Article 2, paragraph 1, subparagraph 5 (Directive 91/671/EEC )
Where a child restraint system is used it shall be approved to the standards of UN-ECE Regulation 44/03, its equivalent or any other subsequent adaptation thereto.
Where a child restraint system is used it shall be approved to the standards of UN-ECE Regulation 44/03, its equivalent or any other subsequent adaptation thereto. Manufacturers shall clearly indicate which child restraint systems are suitable and can be easily fitted in their vehicles.
Amendment 5
ARTICLE 1, PARAGRAPH 3 A (new)
Article 6 (Directive 91/671/EEC )
3a. Article 6 is replaced by the following:
“Article 6
Member States may, with the Commission's agreement, grant exemptions other than those laid down in Article 5 in order to:
   - take account of specific physical conditions, or particular circumstances of limited duration,
   - allow certain types of occupation to be carried out effectively,
   - ensure that the police, security services or emergency services can perform their duties properly,
   - take account of the specific conditions of use of M2 and M3 vehicles for local transport in urban and built-up areas.”
Amendment 6
ARTICLE 1 A (new)
Article 1a
The Commission shall, by 1 August 2004, submit a report on the implementation of this Directive for the particular purpose of establishing whether or not more stringent safety measures are needed in the light of technological developments. If appropriate, the report shall be accompanied by proposals, on which the Council and the European Parliament shall act at the earliest opportunity.
The Commission shall also investigate, in cooperation with the vehicle manufacturing industry, means of developing more user-friendly air bag systems, with particular regard to their use in conjunction with rear-facing child safety devices. The findings of this investigation shall be incorporated into the report on implementation of this Directive.
European Parliament legislative resolution on the proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes (COM(2000) 815 - C5-0684/2000 - 2000/0315(COD) )
A5-0141/2001

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 815 )(2) ,

-   having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0684/2000 ),

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

-   having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0141/2001 ),

1.   Approves the Commission proposal as amended;

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

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

(1) OJ C 96 E, 27.3.2001, p. 330.
(2) OJ C 96 E, 27.3.2001, p. 330.


Equal treatment for men and women in relation to employment ***I
Text
Resolution
Proposal for a European Parliament and Council directive amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (COM(2000) 334 - C5-0369/2000 - 2000/0142(COD) )
A5-0173/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 2
RECITAL -1 (new)
(-1) Equality of women and men is a fundamental principle and a fundamental right, under Articles 2 and 3(2) of the Treaty and the case-law of the Court of Justice of the European Communities. These Treaty provisions state that equality of women and men is a "task" and "aim" of the Community and impose the positive obligation to "promote" such equality in all its activities. Article 141, and in particular paragraph 3, addresses specifically "equal treatment and equal opportunities of men and women in matters of employment and occupation".
Amendment 3
RECITAL -1 a (new)
(-1a) Discrimination and inequalities, which often take diverse forms, affect mainly women. This Directive should therefore guarantee the implementation of the principle of equality of women and men, by means which are at least as effective as those provided by Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin(1) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(2) , as well as by Community legislation and case-law of the Court of Justice on the free movement of persons.
___________
(1 ) OJ L 180, 19.7.2000, p.22.
(2 ) OJ L 303, 2.12.2000, p.16.
Amendment 4
RECITAL 2 a (new)
(2a) With a view to ensuring the effective implementation of the principle of equality of women and men in areas other than employment, occupation and vocational training, the Commission should consider proposing, before the end of 2003, a Directive based on Article 13 of the Treaty.
Amendment 5
RECITAL 3
   (3) In its Resolution of 29 May 1990 on the protection of the dignity of women and men at work, the Council affirmed that sexual harassment in the workplace may, in certain circumstances, be contrary to the principle of equal treatment within the meaning of Council Directive 76/207/EEC . A statement to that effect should be included in the Directive itself, sexual harassment usually affects the individual's work performance and/or creates an intimidating, hostile or offensive environment.
   (3) In its Resolution of 29 May 1990 on the protection of the dignity of women and men at work, the Council affirmed that sexual harassment in the workplace may, in certain circumstances, be contrary to the principle of equal treatment within the meaning of Council Directive 76/207/EEC . To this end it must be emphasised that sexual harassment occurs not only in the workplace, but also in the context of access to employment and training, during employment and occupation, in the workplace or outside. The concept must be defined as a specific form of the general phenomenon of harassment.
Amendment 58
RECITAL 3A (NEW)
(3a) Member States should introduce measures obliging those who are responsible under national law for access to, or conditions for, training, employment or occupation to take preventive measures against sexual harassment, which may include a confidential counselling service.
Amendment 7
RECITAL 4
   (4) Directive 76/207/EEC does not define the concept of indirect discrimination. It is thus appropriate to insert such a definition consistent with that of Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex(1) , as amended by Directive 98/52/EC(2) .
   (4) The definition of direct discrimination is necessary in view of the segregation of women and men in the labour market and the concentration of women in low-paid and low-status jobs for which they are often overqualified. According to the case-law of the Court of Justice, in C-394/96 Brown, C-342/93 Gillespie and C-279/93 Finanzamt Köln-Altstadt v Schumacker, direct discrimination involves the application of different rules to a comparable situation or the application of the same rule to different situations. Directive 76/207/EEC does not define the concept of indirect discrimination. It is thus appropriate to insert such a definition consistent with that of Directive 2000/43/EC and Directive 2000/78/EC. The appreciation of the facts from which it may be inferred that there has been direct or indirect discrimination is a matter for national judicial or other competent bodies, in accordance with rules of national law or practice. Such rules may provide, in particular, for indirect discrimination to be established by any means, including on the basis of statistical evidence.
___________________
   (1) OJ L 14, 20.1.1998, p. 6.
   (2) OJ L 205, 22.7.1998, p. 66.
Amendment 8
RECITAL 5
   (5) The scope of the occupation activities that Member States seek to exclude from the scope of Directive 76/207/EEC should be restricted. The extent to which some activities may not be excluded should be specified in accordance with the case-law of the Court of Justice of the European Communities.
   (5) The scope of the occupational activities that Member States may exclude from the scope of Directive 76/207/EEC should be restricted to those which necessitate the employment of a person of one sex by reason of the nature of the particular occupational activities concerned, provided that the objective sought is legitimate, and subject to the principle of proportionality as laid down by the case law of the Court of Justice.
Amendment 59
RECITAL 6
   (6) The Court of Justice has consistently recognised the legitimacy, in terms of the principle of equal treatment, of protecting a woman's biological condition during and after pregnancy. Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding , aims to ensure the protection of the physical and mental state of women who are pregnant, women who have recently given birth or women who are breastfeeding. The recitals of that Directive provide that the protection of the safety and health of pregnant workers, workers who have recently given birth or workers who are breastfeeding should not treat women who are on the labour market unfavourably nor work to the detriment of directives concerning equal treatment for men and women. The protection of employment rights of women, in particular as regards their right to return to work falls within the scope of Directive 76/207/EEC . That right should be explicitly guaranteed to women who have recently given birth.
   (6) The Court of Justice has consistently recognised the legitimacy, in terms of the principle of equal treatment, of protecting a woman's biological condition during and after pregnancy. It has moreover consistently ruled that any unfavourable treatment of women related to pregnancy or maternity constitutes direct sex discrimination. Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding , aims to ensure the protection of the physical and mental state of women who are pregnant, women who have recently given birth or women who are breastfeeding. The recitals of that Directive provide that the protection of the safety and health of pregnant workers, workers who have recently given birth or workers who are breastfeeding should not treat women who are on the labour market unfavourably nor work to the detriment of directives concerning equal treatment for men and women. The Court of Justice has recognised the protection of employment rights of women, in particular as regards their right to return to the same or an equivalent job, with the same working conditions, as well as to profit from any improvement in working conditions to which they would be entitled during their absence. Pending Amendment of Directive 92/85/EEC , these rights should be explicitly guaranteed to women who have recently given birth.
Amendment 10
RECITAL 6 a (new)
(6a) Reconciling family and working life has been recognised and proclaimed as a principle of Community law by the Court of Justice 1 and by the Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council, of 29 June 2000 on the balanced participation of women and men in family and working life 2 . It is reflected in Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC 3 . It has also been enshrined in the European Social Agenda as a fundamental objective. Maternity and paternity rights or the reconciling of family and working life should not be considered as exceptions to the principle of equality of women and men, but as conditions and means of achieving substantive equality. Pregnancy and maternity protection measures should be complemented, but not replaced, by measures relating to paternity.
_____________
(1 ) Case C-243/95 Hill [1998[ ECR I- 3739, Case C-1/95 Gerster [1997[ ECR I- 5253.
( 2 ) OJ C 218, 31.7.2000, p. 5.
(3 ) OJ L 145, 19.6.1996, p. 4.
Amendment 11
RECITAL 7
   (7) The possibility for Member States to maintain or adopt positive action measures is enshrined in Article 141(4) of the Treaty. This Treaty provision makes the existing Article 2(4) of Directive 76/207/EEC redundant. The publication of periodical reports by the Commission on the implementation of the possibility offered by Article 141(4) will help Member States to compare the way it is implemented and citizens to have a full picture of the situation existing in each Member State.
   (7) The possibility for Member States to maintain or adopt positive measures with a view to ensuring full equality in practice of women and men in working life is enshrined in Article 141(4) of the Treaty. This Treaty provision makes the existing Article 2(4) of Directive 76/207/EEC redundant. Declaration No 28 annexed to the Final Act of the Treaty of Amsterdam states that positive measures should, in the first instance, aim at improving the situation of women in working life. The publication of annual reports by the Commission on the implementation of Article 141(4) will contribute to the dissemination of good practice. Such reports will also help Member States to realise the importance and necessity of such measures to compare the way these provisions are implemented and citizens to gain a full picture of the situation existing in each Member State(1 ). Such reports should be incorporated in the Joint Annual Employment Report.
_____________
(1 ) Case C-158/97 Badeck [2000[ ECR I-1875.
Amendment 12
RECITAL 8
   (8) The Court of Justice has ruled that, having regard to the fundamental nature of the right to effective judicial protection, employees enjoy such protection even after the employment relationship has ended(1) .
   (8) The Court of Justice has ruled that, having regard to the fundamental nature of the right to effective judicial protection, employees enjoy such protection even after the employment relationship has ended. The protection afforded to them against retaliatory measures of the employer is not limited to cases of dismissal, but covers any other retaliatory measure (victimisation), even those taken after the end of the employment relationship(1 ). Furthermore, anyone supporting in any way (in judicial proceedings or in other situations) a person who considers her/himself a victim of discrimination should also enjoy the same protection.
__________________
(1) Case C-185/97, Coote [1998[ ECR I-5199.
_______________
(1) Case C-185/97 Coote [1998[ ECR I-5199.
Amendment 13
RECITAL 9
   (9) The Court of Justice has ruled that, in order to be effective, the principle of
equal treatment implies that, whenever it is breached, the compensation
awarded to the employee discriminated against must be adequate in relation to
the damage sustained.
   (9) The principle of effective judicial protection and real and effective sanctions has been established by the Court of Justice in cases involving the application of Directive 76/207/EEC . Member States should take measures which are sufficiently effective to achieve the aim of the Directive and must ensure that the rights conferred by the Directive may be applied by national courts(1 ). In fully embodying the case-law of the Court of Justice, the Directive should make it clear that the most effective sanctions under national law should be imposed in cases of discrimination and that adequate compensation is just one kind of sanction.
___________________
   (1) Case C-180/95, Draehmpaehl [1997[ ECR I-2195.
_____________
   (1) Case 222/84 Johnston [1986[ ECR 1651.
Amendment 14
RECITAL 9 a (new)
(9a) Measures related to equality of women and men should be carried out in a planned and systematic way, including in companies, where employers should be encouraged to establish annual equality plans.
Amendment 15
RECITAL 10
(10 ) To provide a more effective level of protection to workers who are discriminated against on grounds of sex, associations or legal entities should also be empowered to exercise the rights of defence on behalf or in protection of any person who considers himself or herself wronged because the principle of equal treatment has not been applied to them.
   (10) Persons subject to discrimination on grounds of sex should have adequate means of legal protection. Associations, organisations or other legal entities should also be empowered to engage in judicial, administrative or other proceedings on behalf or in support of individuals or groups of persons who are victims of discrimination.
Amendment 16
RECITAL 12
   (12) Member States should provide for effective, proportionate and dissuasive sanctions in case of breaches of the obligations under Directive 76/207/EEC .
Deleted
Amendment 48
ARTICLE 1, PARAGRAPH -1 (new)
Title (Directive 76/207/EEC )
   - 1. The title is replaced by the following:
"Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equality of men and women as regards access to employment, vocational training and promotion, and working conditions.”
Amendment 17
ARTICLE 1, POINT -1 a (new)
Article 1, paragraph 1 (Directive 76/207/EEC )
   - 1a. Article 1(1) is replaced by the following:
"1. In accordance with Articles 2, 3(2) and 141 of the Treaty, the purpose of this Directive is to put into effect in the Member States the principle of equal opportunities and equal treatment of women and men in employment, occupation and vocational training, including working conditions , irrespective of the legal nature of the relationship under which a person is employed or occupied. "
Amendment 19
ARTICLE 1, POINT 1
Article 1, paragraph 1 a (Directive 76/207/EEC )
1a. Member States shall introduce such measures as are necessary to enable them actively and visibly to promote the objective of equality between men and women by its incorporation, in particular, into all laws, regulations, administrative provisions, policies and activities in the areas referred to in paragraph 1.
1a. Member States shall introduce such measures as are necessary to fulfil actively the objectives of equality of women and men by its incorporation, in particular, into all laws, regulations, administrative provisions, policies and activities in the areas referred to in paragraph 1.
Amendment 18
ARTICLE 1, POINT 1 a (new)
Article 1, paragraph 2 (Directive 76/207/EEC )
1a. Article 1(2) is deleted.
Amendment 20
ARTICLE 1, POINT 2
Article 1 a (Directive 76/207/EEC )
   2. The following Article 1a is inserted :
Deleted
“Article 1a
“Sexual harassment shall be deemed to be discrimination on the grounds of sex at the workplace when an unwanted conduct related to sex takes place with the purposes or effect of affecting the dignity of a person and/or creating an intimidating, hostile, offensive or disturbing environment, in particular if a person's rejection of, or submission to, such conduct is used as a basis for a decision which affects that person.”
Amendment 67
ARTICLE 1, PARAGRAPH 2 a (new)
Article 1 a (Directive 76/207/EEC )
2a. The following Article 1a is inserted :
“Article 1a
For the purposes of this Directive, the following definitions shall apply:
   - direct discrimination: the situation where different rules are applied to comparable situations or the same rule is applied to different situations;
   - indirect discrimination: the situation where an apparently neutral provision, criterion or practice puts persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate and proportionate aim, and the means of achieving that aim are appropriate and necessary.
   - harassment: the situation where an unwanted conduct related to sex occurs on the occasion of access to or at the place of employment, occupation or training with the purpose or effect of violating the dignity of a person or of creating an intimidating, hostile, degrading, humiliating, offensive or disturbing environment.
   - sexual harassment: the situation where any form of verbal, non-verbal or physical conduct of a sexual nature occur, which the perpetrator knows, or should know, on the occasion of access to or at the place of employment, occupation or training with the purpose or effect of violating the dignity of a person or of creating an intimidating, hostile, degrading, humiliating, offensive or disturbing environment.”
Amendment 22
ARTICLE 1, POINT 2 b (new)
Article 1 b (new) (Directive 76/207/EEC )
2b. The following Article 1b is inserted:
“Article 1b
   1. Sexual harassment shall be deemed to be discrimination on the grounds of sex and therefore prohibited.
   2. A person's rejection of, or submission to, such conduct shall not be used as a basis for a decision affecting that person.
   3. Member States shall introduce measures in order that respect for the dignity of women and men is ensured in all cases by those who are responsible under national law for access to training, employment or occupation, or the conditions relating thereto.
   4. Member States shall take measures obliging those responsible under national law for access to training, employment or occupation, or the conditions relating thereto, to introduce measures to prevent sexual harassment, which may include a confidential counselling service at the workplace.”
Amendment 23
ARTICLE 1, POINT 3, POINT (-a) (new)
Article 2, paragraph 1 (Directive 76/207/EEC )
(-a) Paragraph 1 is replaced by the following:
“1. For the purposes of the following provisions, the principle of equality of women and men shall mean that there shall be no discrimination whatsoever on grounds of sex, either directly or indirectly, by reference, inter alia, to the de facto inequalities which affect the opportunities of men or women in the areas referred to in Article 1(1).”
Amendment 24
ARTICLE 1, POINT 3, POINT (b)
Article 2, paragraph 2 (Directive 76/207/EEC )
   2. Member States may provide, as regards access to employment, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out , such a characteristic constitutes a genuine occupational requirement.
   2. Any general exclusion of, or restriction on, one sex having access to any kind of professional activity or to the training required to gain access to such an activity constitutes discrimination within the meaning of this Directive.
Member States shall provide, as regards access to employment, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned such a characteristic constitutes a precise and determining occupational requirement, provided that the objective sought is legimate and the requirement proportionate .
Derogations to the principle of equal treatment shall remain within the limits of what is appropriate and necessary in order to achieve the aim in view.
Derogations to the principle of equality shall remain within the limits of what is appropriate and necessary in order to achieve the objective in view.
Compromise Amendment 70
ARTICLE 1, PARAGRAPH 3, POINT (c)
Article 2, paragraph 3 (Directive 76/207/EEC )
   (c) In paragraph 3, the following subparagraph is added:
   (c) In paragraph 3, the following subparagraphs are added:
“A woman who has given birth shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post with no change in her working conditions .”
“A woman shall be entitled, after the end of her period of maternity leave, or after absence directly related to, or as a consequence of adopting or fostering a child, pregnancy, any illness of the mother or the baby and/or confinement, to return to her own job under terms and conditions which are no less favourable to her and to benefit from any improvement in working conditions to which she would be entitled during her absence.
Any unfavourable treatment of a woman directly or indirectly related to pregnancy or maternity, or to reconciling family and working life, shall constitute direct discrimination.
Male parents who have the right to leave for the same reasons shall enjoy the same protection as granted to women while exercising that right.
Any unfavourable treatment of a man related to paternity or to reconciling family and working life, shall constitute direct discrimination.”
Amendment 26
ARTICLE 1, POINT 3, POINT (d)
Article 2, paragraph 4 (Directive 76/207/EEC )
   (d) Paragraph 4 is replaced by the following:
Deleted
“4. On the basis of the information provided by Member States pursuant to Article 9, the Commission will adopt and publish every three years a report establishing a comparative assessment of the positive measures adopted by the Member States pursuant to Article 141(4) of the Treaty.”
Amendment 27
ARTICLE 1, POINT 3 a (new)
Article 2 a (new) (Directive 76/207/EEC )
3a. The following Article 2a is inserted:
“Article 2a
   1. Positive measures shall be measures aiming to secure full equality in practice of women and men in working life, by providing in particular for specific advantages designed to facilitate the exercise of a profession by the under-represented sex or to counteract or compensate disadvantages in the areas referred to in Article 1(1). Such measures shall in the first instance aim at improving the situation of women. They shall be temporary and lapse when full equality of women and men has been achieved.
   2. Member States shall submit annual reports to the Commission on the positive measures they adopt or maintain and on their implementation, on the basis of which the Commission shall adopt and publish an annual report establishing a comparative assessment of the positive measures in effect in each Member State pursuant to Article 141(4) of the Treaty and in the light of Declaration No 28 annexed to the Final Act of the Treaty of Amsterdam. The report shall be published in time for its conclusions to be incorporated in the Annual Joint Employment Report, in the proposals under the fourth pillar in the annual Employment Guidelines and in the recommendations to Member States.”
Amendment 29
ARTICLE 1, POINT 3 b (new)
Article 3, paragraph 1 (Directive 76/207/EEC )
3c. Article 3(1) is replaced by the following:
“1. Application of the principle of equality of women and men means that there shall be no direct or indirect discrimination in the public or private sectors, including public bodies, in relation to:
   (a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
   (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;
   (c) employment and working conditions, including dismissals and pay;
   (d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members exercise a particular profession, including the benefits provided for by such organisations.”
Amendment 30
ARTICLE 1, POINT 3 c (new)
Article 3, paragraph 1 a (new) (Directive 76/207/EEC )
3d. In Article 3, the following paragraph 1a is added:
“1a. Behaviour consisting of incitement, instructions or pressure to discriminate shall fall within the definitions of direct and indirect discrimination referred to in Article 1a, irrespective of whether any specific victim of discrimination can be identified.”
Amendment 31
ARTICLE 1, POINT 3 d (new)
Article 3, paragraph 2, introductory phrase (Directive 76/207/EEC )
3e. In Article 3(2) the introductory phrase is replaced by the following:
“2. To this end, and without prejudice to the provisions of Article 141(4) of the Treaty, Member States shall take the measures necessary to ensure that:”
Amendment 32
ARTICLE 1, POINT 3 e (new)
Article 3, paragraph 2, point (b) (Directive 76/207/EEC )
3f. Article 3(2)(b) is replaced by the following:
“(b) any provisions contrary to the principle of equality of women and men which are included in collective agreements, individual contracts of employment, internal rules of undertakings or in rules governing the independent occupations and professions shall be declared null and void.”
Amendment 33
ARTICLE 1, POINT 4
Article 3, paragraph 2, point (d) (Directive 76/207/EEC )
   4. In Article 3(2), the following paragraph (d) is added:
   4. In Article 3(2), the following point (d) is added:
"(d) any provision contrary to the principle of equal treatment concerning membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations shall be declared null and void or may be amended .”
"(d) any provision contrary to the principle of equality of women and men concerning membership of and involvement in an organisation of workers or employers, or any organisation whose members exercise a particular profession, including the benefits provided for by such organisations shall be declared null and void .
Positive measures within the meaning of Article 141(4) of the Treaty may include continuing the activity of, or creating, organisations or sections of organisations whose main objective is the promotion of equality of women and men and women's rights and/or interests and which seek the membership of women.”
Amendment 34
ARTICLE 1, POINT 4 a (new)
Article 4, point (b) (Directive 76/207/EEC )
4a. Article 4(b) is replaced by the following:
“(b) any provisions contrary to the principle of equality of women and men which are included in collective agreements, individual contracts of employment, internal rules of undertakings or in rules governing the independent occupations and professions shall be declared null and void;”
Amendment 35
ARTICLE 1, POINT 4 b (new)
Article 5, paragraph 2, point (b) (Directive 76/207/EEC )
4b. Article 5(2)(b) is replaced by the following:
“(b) any provisions contrary to the principle of equality of women and men which are included in collective agreements, individual contracts of employment, internal rules of undertakings or in rules governing the independent occupations and professions shall be declared null and void;”
Amendment 36
ARTICLE 1, POINT 5
Article 6, paragraph 1 (Directive 76/207/EEC )
   1. Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply to them the principle of equal treatment within the meaning of Articles 3, 4, and 5 to pursue their claims by judicial process after possible recourse to other competent authorities, even after the employment relationship has ended.
   1. Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply to them the principle of equality of women and men to pursue their claims by judicial process after possible recourse to other competent authorities, even when the discrimination takes place after the employment relationship has ended.
Amendment 37
ARTICLE 1, POINT 5
Article 6, paragraph 2 (Directive 76/207/EEC )
   2. Member States shall introduce into their national legal systems such measures as are necessary to ensure that reparation for the loss and damage sustained by a person injured as a result of discrimination contrary to Articles 3, 4 or 5 may not be limited by an upper limit fixed a priori or by excluding an award of interest to compensate for the loss sustained by the recipient of the compensation as a result of the lapse of time until actual payment of the capital sum awarded.
   2. Member States shall introduce into their national legal systems such measures as are necessary to ensure that sanctions for breaches of this Directive or of national provisions adopted pursuant to this Directive are consistent with it. Sanctions which are real, effective, proportionate and dissuasive shall be provided for and imposed by the competent national authorities. Where the sanction consists in compensation, this shall be proportionate to the damage sustained and dissuasive; it may not be limited by an upper limit fixed a priori or by excluding an award of interest to compensate for the loss sustained by the recipient of the compensation as a result of the lapse of time until actual payment of the capital sum awarded.
Amendment 38
ARTICLE 1, POINT 5 a (new)
Article 7 (Directive 76/207/EEC )
5a. Article 7 is replaced by the following :
“Article 7
Member States shall introduce into their national legal systems such measures as are necessary to protect persons covered by this Directive, including employees and trade union representatives, whether they are victims or witnesses, against dismissal or any other adverse treatment or outcome, including in cases where a judicial action is brought against them, as a result of a complaint or proceedings of any kind aimed at enforcing compliance with the principle of equality of women and men.”
Amendments 39 and 68
ARTICLE 1, POINT 6
Article 8 a, paragraphs 1 and 2 (Directive 76/207/EEC )
   1. Member States shall provide for an independent body for the promotion of the principle of equal treatment between women and men. This body may form part of independent, pre-existing agencies charged at national level with, in particular, the safeguard of individuals' rights.
   1. Member States shall provide for an independent body for the implementation of the principle of equality of women and men. This body may form part of independent, pre-existing agencies charged at national level with, in particular, the safeguard of individuals' rights and must have the funding and human resources necessary to accomplish its task .
The powers of these bodies shall cover all areas falling within the scope of this Directive, of Directive 75/117/EEC , of Directive 79/7/EEC (1) , of Directive 86/378/EEC (2) , of Directive 92/85/EEC (3) , of Directive 96/34/EC(4) , and of Directive 97/80/EC(5) .
   2. Member States shall ensure that the functions of the independent bodies referred to in paragraph 1 include receiving and pursuing complaints from individuals of discrimination on grounds of sex, starting investigations or surveys concerning discrimination on grounds of sex and publishing reports on issues relating to discrimination based on sex.
   2. Member States shall ensure that the functions of the independent bodies referred to in paragraph 1 include receiving, examining and pursuing complaints from individuals, groups of individuals and organisations of discrimination on grounds of sex, starting investigations or surveys concerning discrimination on grounds of sex and publishing reports on issues relating to discrimination based on sex.
   (1) Council Directive 79/7/EEC of 19 December 1978, OJ L 6, 10.1.1979, p. 24.
   (2) Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ L 225, 12.8.1986, p. 40), as amended by Directive 96/97/EC (OJ L 46, 17.2.1997, p. 20, corrected in OJ L 151, 18.6.1999, p. 39).
   (3) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC ) (OJ L 348, 28.11.1992, p. 1).
   (4) Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ L 145, 19.6.1996, p. 4), as amended by Directive 97/75/EC (OJ L 10, 16.1.1998, p. 24).
   (5) Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex (OJ L 14, 20.1.1998, p. 6), as amended by Directive 98/52/EC (OJ L 205, 22.7.1998, p. 66).
Amendment 40
ARTICLE 1, POINT 6
Article 8 a, paragraph 3 (Directive 76/207/EEC )
   3. Member States shall ensure that associations, organisations or other legal entities may pursue, on behalf of the complainant with his or her approval, any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.
   3. Member States shall ensure that associations, organisations or other legal entities which have a legitimate interest in ensuring compliance with the provisions of this Directive:
   (a) may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive,
   (b) shall have the right to bring a collective action, in any judicial and/or administrative procedure, of their own initiative and aside from the particular circumstances of an individual case, to determine whether or not the principle of equality of women and men was applied.
Amendment 41
ARTICLE 1, POINT 6
Article 8 b, paragraph 2 a (new) (Directive 76/207/EEC )
2a. Member States shall encourage dialogue with those non-governmental organisations which, in accordance with national law and practices, have a legitimate interest in promoting the principle of equal opportunities.
Amendment 66
ARTICLE 1, POINT 6
Article 8 b, paragraphs 2 b and 2 c (new) (Directive 76/207/EEC )
2b. Member States shall take all necessary measures to ensure that the employers promote equality of women and men at the work place in a planned and systematic way, including equal pay for equal work or work of equal value.
2c. To this effect, Member States shall encourage employers to prepare annual equality reports, containing statistics on proportions of women and men at different levels of the organisation and on pay differentials for equal work or work of equal value. In case of discrepancies in these respects, employers shall be encouraged to include in the annual report measures to improve the situation.
Amendment 65
ARTICLE 1, POINT 6
Article 8 c (Directive 76/207/EEC )
Member States shall lay down the rules or penalties applicable to infringments of the national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive . The Member States shall notify those provisions to the Commission by 31 December 2001 at the latest and shall notify it without delay of any subsequent Amendment affecting them.
Member States shall lay down the rules on sanctions required by this Directive, and shall take all measures necessary to ensure that they are effectively implemented. The Member States shall notify those provisions to the Commission by 31 December 2002 at the latest and shall notify it without delay of any subsequent Amendment affecting them.
Amendment 44
ARTICLE 1, POINT 6
Article 8 d (new) (Directive 76/207/EEC )
Article 8d
A Member State may take into account an undertaking's or organisation's record of compliance with national provisions implementing this Directive, including the record of compliance with national provisions of Member States other than the State in question, when awarding contracts and grants.
Authorities may include in public procurement tenders requirements for positive measures to ensure full equality in practice of women and men within the scope of this Directive.
Amendment 47
ARTICLE 1, PARAGRAPH 6
Article 8 e (new) (Directive 76/207/EEC )
Article 8e
   1. Member States may adopt or retain provisions which protect the principle of equality of women and men more effectively than those contained in this Directive.
   2. The implementation of this Directive may in no circumstances be used as a reason to lower the level of protection against discrimination already provided by Member States in the areas governed by this Directive.
(Amendment 28 falls)
Amendment 45
ARTICLE 2, PARAGRAPH 1, SUBPARAGRAPHS 1 AND 2
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 at the latest or shall ensure, by that date at the latest, that management and labour introduce the requisite provisions by way of agreement.
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest or shall ensure, by that date at the latest, that management and labour introduce the requisite provisions by way of agreement.
Member States shall take all necessary steps to enable themselves at all times to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof.
Member States shall take all necessary steps to enable themselves at all times to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof.
European Parliament legislative resolution on the proposal for a Directive of the European Parliament and of the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (COM(2000) 334 - C5-0369/2000 - 2000/0142(COD) )
A5-0173/2001

(Codecision procedure: first reading)

The European Parliament,

-   having regard to the Commission's proposal (COM(2000) 334 - 2000/0142(COD) )(2) ,

-   having regard to Articles 251(2) and 141(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0369/2000 ),

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

-   having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on Employment and Social Affairs (A5-0173/2001 ),

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)1.OJ C 337 E, 28.11.2000, p. 204.
(2) OJ C 337 E, 28.11.2000, p. 204.


Financial Regulation applicable to the general budget of the EC *
Proposal for a Council regulation (EC, ECSC, Euratom) on the Financial Regulation applicable to the general budget of the European Communities COM(2000) 461 - C5-0627/2000 - 2000/0203(CNS) )
A5-0176/2001

The proposal was amended as follows(1) :

Text proposed by the Commission(2)   Amendments by Parliament
Amendment 1
Title
Council Regulation (EC, ECSC, Euratom) on the financial regulation applicable to the general budget of the European Communities
Council Regulation (EC, ECSC, Euratom) on the financial regulation applicable to the general budget of the European Union
Amendment 2
Recital 1
   (1) Since times have changed enormously since the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities was adopted, in particular as a result of a series of enlargements, a financial perspective forming a framework for the development of the budget and changes to the institutional structure, that Financial Regulation has been substantially amended several times. Since further amendments are necessary to take account, in particular, of the requirements of simplification in legislative and administrative matters and the tightening up of management of Community finances, the Financial Regulation of 21 December 1977 should be recast in the interests of clarity .
   (1) Both the Court of Auditors and the Committee of Independent Experts have recommended a complete overhaul of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities. This recommendation was endorsed by the European Parliament in its resolution of 19 January 2000 containing the comments which form an integral part of the decision giving discharge to the Commission for the implementation of the general budget of the European Union for the 1997 financial year(1 ).
____________
(1 ) OJ C 304, 24.10.2000, p. 135.
Amendment 3
Recital 2
   (2) This Regulation should be confined to stating the broad principles and basic rules governing all budgetary matters referred to in the Treaty and the detailed provisions should be moved to a Regulation laying down rules for the implementation of this Regulation (hereinafter: "the implementing rules') in order to produce a better hierarchy of rules and make the Financial Regulation easier to read.
Deleted
Amendment 4
Recital 5
   (5) As regards the principle of unity, this Regulation should state that it also applies to expenditure on the common foreign and security policy and cooperation in the field of justice and home affairs where this is charged to the budget. Decisions on the establishment plans of the Community agencies should be taken by the budgetary authority as part of the budgetary procedure in view of their impact, present or future, on the number of European civil servants and on the general budget, via subsidies paid or planned by those agencies, or the pensions which will be paid to their staff.
Deleted
Amendment 5
Recital 7
   (7) As regards the principle of specification, the Commission should be given some degree of management flexibility for transfers of staff and administrative appropriations between titles relating to different policy areas and between chapters for operational expenditure. This Regulation should allow integrated presentation of the allocation of financial and administrative resources by purpose. The procedures for transferring administrative appropriations should be harmonised for all the other institutions so that transfers between titles are a matter for the budgetary authority and those within titles a matter for each institution. The budgetary authority should be allowed to constitute reserves in only two cases: where there is no legal base and where it is not certain that appropriations are adequate or necessary.
Deleted
Amendment 9
Recital 17
   (17) As regards the role of the different actors, authorising officers should be given more responsibility by dropping centralised ex ante controls, and in particular advance approval by the financial controller of revenue and expenditure operations and verification by the accounting officer that payment does constitute discharge of all liability . In return , the function of internal auditor of management and internal control systems set up by authorising officers should be developed. The internal auditor should be the financial controller within the meaning of the Treaties .
   (17) As regards the role of the different actors, authorising officers should be given more responsibility by dropping centralised ex ante controls. Authorising officers must be made fully responsible for all revenue and expenditure operations executed under their authority and must be held accountable, including, where necessary, through disciplinary proceedings. In addition, the function of internal auditor, responsible for providing the institution with guarantees, in accordance with the relevant international standards, concerning the proper operation of budget implementation systems and procedures, should be developed. The internal auditor should be a financial controller within the meaning of Article 279 of the EC Treaty .
Amendment 10
Recital 18
   (18) The liability of authorising officers, accounting officers and imprest administrators is not different from that of other officials and staff and should be subject, under the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities (hereinafter: "the Staff Regulations”) to the application of the existing disciplinary and financial compensation measures. On the other hand, certain specific provisions identifying specific cases of misconduct of accounting officers and imprest administrators given the nature of their duties should be retained; they will no longer have any special allowance or insurance. This Regulation should also refer to the provisions in force on the protection of the European Communities' financial interests and on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.
   (18) The liability of authorising officers, accounting officers and imprest administrators should be subject, under the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities (hereinafter: "the Staff Regulations”) to the application of disciplinary and financial compensation measures. On the other hand, the responsibility of authorising officers for financial irregularities should be considered by a specialised financial irregularities committee, on the basis of a report from the internal auditor. This committee would have the competence to refer cases to the disciplinary procedure under the Staff Regulations. C ertain specific provisions identifying specific cases of misconduct of accounting officers and imprest administrators given the nature of their duties should be retained; they will no longer have any special allowance or insurance. This Regulation should also refer to the provisions in force on the protection of the European Communities' financial interests and on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.
Amendment 12
Recital 26 a (new)
(26a) Simplified rules for the awarding of grants for small projects will be laid down in the implementing rules.
Amendment 13
Recital 27
   (27) In order to avoid any cumulation, it should not be possible for grants to be awarded to finance the same action twice or to finance actions which have already been completed before the application for the grant is made.
   (27) In order to avoid any cumulation, it should not be possible for grants to be awarded to finance the same action twice or to finance actions which have already been completed before the application for the grant is approved.
Amendment 14
Recital 38
   (38) In order to improve interinstitutional operation , the Commission should present to the European Parliament, at its request, any information relating to the year in question required for the smooth application of the discharge procedure, with due respect for fundamental human rights, the protection of business secrecy, the provisions governing judicial and disciplinary proceedings and the interests of the Union.
   (38) In order to ensure a smooth discharge procedure , the Commission must submit any necessary information to the European Parliament, at the latter's request, pursuant to Article 276 of the EC Treaty. It is the European Parliament's responsibility to keep such information confidential in so far as this is necessary .
Amendment 15
Recital 39
   (39) Special provisions should be laid down for certain Community policies to ensure this Regulation is consistent with sectoral rules.
   (39) Special provisions should be laid down for certain Community policies to ensure that sectoral rules are consistent with this Regulation.
Amendments 18 and 19
Part one, Title I, Article 1
CHAPTER 1
SCOPE
Article 1
This Regulation lays down the rules for the establishment of the general budget of the European Communities , hereinafter referred to as “the budget” and the implementation of revenue and expenditure. It also contains the rules for the keeping of accounts, procurement and the award of grants by the Communities. It determines the rules and methods for supervising the liability of the authorising officers, accounting officers and internal auditors. It lays down the arrangements for external control and the discharge procedure.
Article 1
This Regulation lays down the rules for the establishment of the general budget of the European Union , hereinafter referred to as “the budget” and the implementation of revenue and expenditure. For the purposes of this Regulation, the budget of the European Union as defined in Article 3 incorporates the general budget of the European Communities. It also contains the rules for the keeping of accounts, procurement and the award of grants by the Communities. It determines the rules and methods for supervising the liability of the authorising officers, accounting officers and internal auditors. It lays down the arrangements for external control and the discharge procedure.
For the purposes of this Regulation, the Economic and Social Committee, the Committee of the Regions and the Ombudsman shall be treated as Community institutions.
For the purposes of this Regulation, the Economic and Social Committee, the Committee of the Regions and the Ombudsman shall be treated as Community institutions.
All other instruments concerning the implementation of the revenue or expenditure of the budget must comply with the rules laid down by this Regulation. The Commission shall keep a register of such subordinate instruments, which it shall update regularly, and shall notify the budgetary authority thereof.
CHAPTER 2
GENERAL BUDGET PRINCIPLES
Amendment 20
Chapter 1, heading
CHAPTER 1
Section 1
Amendment 21
Article 3
   1. The budget is the instrument which forecasts and authorises the revenue and expenditure of the Communities each year.
   1. The budget is the instrument which forecasts and authorises the revenue and expenditure of the European Union each year.
   2. The revenue and expenditure of the Communities shall comprise:
   2. The revenue and expenditure of the Union shall comprise:
   (a) the revenue and expenditure of the European Community, including administrative expenditure for the common foreign and security policy and for cooperation in the field of justice and home affairs and the related operational expenditure where this may be charged to the budget;
   (a) the revenue and expenditure of the European Community;
   (aa) the administrative expenditure for the common foreign and security policy and European security and defence policy and for cooperation in the field of justice and home affairs and the related operational expenditure where this may be charged to the budget;
   (b) the administrative expenditure of the European Coal and Steel Community and the related revenue;
   (b) the administrative expenditure of the European Coal and Steel Community and the related revenue;
   (c) the expenditure and revenue of the European Atomic Energy Community.
   (c) the expenditure and revenue of the European Atomic Energy Community.
   (ca) the revenue and expenditure of the European Development Fund;
   (cb) the revenue and expenditure of any body to which tasks are delegated in connection with the implementation of Union policies or activities and which, for that purpose, is given legal personality by an instrument adopted by the institutions of the Union, including decisions taken or agreements concluded under Titles V and VI of the Treaty on European Union; the own revenue of such a body, generated by its activities, shall be entered as estimates; a list of such bodies is annexed hereto and shall be regularly updated by the Commission, which shall notify the budgetary authority accordingly.
   3. The budget shall record the guarantee for borrowing and lending operations entered into by the Communities and payments to the Guarantee Fund for external actions, the operations of which are shown in the Commission's revenue and expenditure account and balance sheet.
   3. The budget shall record the guarantee for borrowing and lending operations entered into by the Communities and payments to the Guarantee Fund for external actions, the operations of which are shown in the Commission's revenue and expenditure account and balance sheet.
3a. Each year, the European Central Bank shall forward to the Commission and the budgetary authority its budget, comprising revenue and expenditure, which may be annexed to the budget of the European Union for information and with the aim of ensuring the transparency thereof.
3b.Each year the European Investment Bank shall forward to the Commission and the budgetary authority its budget, comprising revenue and expenditure, which may be annexed to the budget of the European Union for information and with the aim of ensuring the transparency thereof.
3c. The budget shall include, in a specific annex, an indication of the revenue and expenditure in connection with the activities under Titles V and VI of the Treaty on European Union where the relevant expenditure is not charged to the budget of the Union, but financed by contributions from the Member States.
3d. Where sectoral legal provisions continue to prevent application of this Article, the Commission shall make the necessary proposals to act on the principle of unity by 31 December 2002 at the latest. The Council shall act on the Commission proposals in time to allow full application of the principle of unity as of the general budget for the financial year 2004.
Amendment 22
Article 4 a (new)
Article 4a
The interest earned on the European Union's own funds shall be paid over as revenue to the budget, without prejudice to other provisions of this Regulation.
Amendment 23
Chapter 2, heading
CHAPTER 2
Section 2
Amendment 24
Article 6, paragraph 1, subparagraph 3
Payment appropriations shall cover payments made to honour the legal commitments entered into in the current financial year and/or earlier financial years.
Payment appropriations shall cover payments which, during the financial year, are made to honour the legal obligations entered into in the current financial year and/or earlier financial years.
Amendment 25
Article 8, paragraph 2, point (a)
   (a) amounts corresponding to commitments which have been virtually concluded at 31 December; or
   (a) amounts corresponding to commitment appropriations where all the preliminary formalities required for the act of commitment have been concluded at 31 December; or
Amendment 26
Article 12, paragraph 5
   5. If, for a given chapter, the authorisation of two or more provisional twelfths granted in the circumstances provided for in paragraph 4 is not sufficient to cover the expenditure necessary to avoid a break in continuity of the Communities' activity in the area in question, authorisation may exceptionally be given by the procedures provided for in the first subparagraph of paragraph 4 to exceed the total provided for in the third subparagraph of paragraph 4. In this case the overall total of the appropriations available in the budget of the preceding year may not be exceeded.
   5. If, for a given chapter, the authorisation of two or more provisional twelfths granted in the circumstances provided for in paragraph 4 is not sufficient to cover the expenditure necessary to avoid a break in continuity of the Communities' activity in the area in question, authorisation may exceptionally be given by the procedures provided for in the first subparagraph of paragraph 4 to exceed the total provided for in the third subparagraph of paragraph 4.
Amendment 27
Chapter 3, heading
CHAPTER 3
Section 3
Amendment 28
Chapter 4, heading and title
CHAPTER 4
Section 4
PRINCIPLE OF UNIT OF ACCOUNT
Principle of currency unit
Amendment 29
Article 15
The budget shall be drawn up in euro.
The budget shall be drawn up and implemented in euro, and the budgetary accounts presented in euro.
Amendment 30
Chapter 5, heading
CHAPTER 5
Section 5
Amendment 31
Article 16, paragraph 2
   2. All revenue and expenditure shall be entered in full without any adjustment against each other, subject to Article 18 .
   2. All revenue and expenditure shall be entered in full without any adjustment against each other.
Amendment 225
Article 17, paragraph 1, subparagraph 1, introduction
   1. Revenue in the following categories provided for in this Regulation shall not be used for any other purpose :
   1. Revenue in the following categories provided for in this Regulation shall not be used for any purpose other than the financing of certain specific items of expenditure:
Amendment 226
Article 17, paragraph 1, subparagraphs 2 and 3
Revenue which is earmarked for a specific purpose in accordance with the applicable legal basis shall also not be used for any other purpose.
Revenue which is earmarked for a specific purpose and whose collection is authorised by the budget authority shall also not be used for any other purpose, provided that this is stipulated in the budget .
The budget shall carry items to accommodate the categories of revenue referred to in the first and second subparagraphs and, wherever possible, an estimated amount shall be entered.
The budget shall carry items to accommodate the categories of revenue referred to in the first and second sub-paragraphs and an estimated amount shall be entered. The institutions shall justify discrepancies between those estimates and the amounts which give rise to re-use. Appropriate information shall be provided, in the documents referred to in Article 30(2) on the items of such revenue, broken down and specified according to the items on the expenditure side of the budget for which they shall be used.
Amendment 32
Article 17, paragraph 1, subparagraph 3 a (new)
The budget shall also carry items to accommodate the expenditure relating to earmarked revenue. Budgetary authority decisions on entering that expenditure shall be taken, without exceeding the revenue concerned or financial perspective ceilings, in accordance with the procedures laid down by the Treaties for the establishment of the budget.
Amendment 33
Article 17 a (new)
Article 17a
The political groups in the European Parliament shall disclose and specify any income they receive from sources other than the general budget. This obligation shall include bodies having legal personality which are funded or administered by the political groups in whole or in part, which make use of their facilities, or which carry out activities on their behalf on a non-commercial basis.
Amendment 34
Article 18, paragraph 2
   2. The cost of products or services provided to the Communities incorporating taxes refunded by the Member States pursuant to the Protocol on the Privileges and Immunities of the European Communities shall be charged net to the budget.
   2. The cost of products or services provided to the Communities incorporating taxes refunded by the Member States pursuant to the Protocol on the Privileges and Immunities of the European Communities shall be charged to the budget at their ex-tax total. Any taxes that may be incurred at that time shall be entered in a suspense account until they are repaid by the Member States .
Amendment 35
Chapter 6, heading
CHAPTER 6
Section 6
Amendment 36
Article 19
Appropriations shall be earmarked for specific purposes by title and chapter; the chapters shall be further subdivided into articles and items.
Appropriations shall be entered in the budget for specific purposes and shall be classified according to their purpose by title and chapter; the chapters shall be further subdivided into articles and items.
Amendment 37
Article 20
   1. Subject to the arrangements set out for the Commission, each institution may, within its own section of the budget, propose to the budgetary authority transfers from one title to another.
   1. Subject to the arrangements set out for the Commission, each institution may, within its own section of the budget, propose to the budgetary authority transfers from one title to another and from one chapter to another .
Proposals made by the other institutions for transfers from one title to another shall be forwarded by the Commission to the budgetary authority for its decision. The Commission may attach its own opinion to such proposals.
Proposals made by the other institutions for transfers from one title to another and from one chapter to another shall be forwarded by the Commission to the budgetary authority for its decision. The Commission may attach its own opinion to such proposals. This provision shall not apply to the European Parliament or the Council whose proposals for such transfers shall be automatically forwarded to the budget authority.
   2. Subject to the arrangements set out for the Commission, each institution may, within its own section of the budget, transfer appropriations from one chapter to another and from one article to another. These institutions shall inform the budgetary authority and the Commission of the transfers they have made .
   2. Subject to the arrangements set out for the Commission, each institution may, within its own section of the budget, transfer appropriations from one article to another within each chapter . These institutions shall inform the budgetary authority and the Commission three weeks before making such transfers . Within that three-week period, if the budgetary authority so requests, and if there are urgent or important reasons, the institution concerned shall refrain from making the transfer. In the event of such a decision by the budgetary authority the conditions laid down in Article 22 other than those concerning the deadline for the decision shall apply mutatis mutandis .
2a. Without prejudice to the provisions of paragraphs 1 and 2, the Commission may make proposals to the budgetary authority for transfers from one chapter to another within each budget section.
Amendment 39
Article 21, paragraph 1, point (b)
   (b) as regards expenditure on staff and administration, transfer appropriations from one title to another provided that the appropriations are entered under the same heading;
   (b) as regards expenditure on staff and administration, transfer appropriations from one title to another provided that the appropriations are entered under the same heading, i.e. used for the same purpose, in accordance with the definitions of administrative expenditure laid down in Article 38(2a) ;
Amendment 38
Article 21, paragraph 1, point (c) and subparagraph 2
   (c) as regards operational expenditure, transfer appropriations between chapters within the same title, up to a maximum of 10% of the initial appropriations on the line from which the transfer is made.
   (c) as regards operational expenditure, transfer appropriations between chapters within the same title, up to a maximum of 5% of the initial appropriations on the line from which the transfer is made.
The Commission shall inform the budgetary authority of the transfers it has made under points (b) and (c) of the first subparagraph.
The Commission shall inform the budgetary authority three weeks before making transfers under the first subparagraph. Within that three-week period, if the budgetary authority so requests, and if there are urgent or important reasons, the Commission shall refrain from making the transfer. In the event of such a decision by the budgetary authority the conditions laid down in Article 22 other than those concerning the deadline for the decision shall apply mutatis mutandis .
Amendment 40
Article 21 a (new)
Article 21a
Proposals for transfers and all information to the budget authority about transfers made pursuant to Articles 20 and 21 shall be accompanied by appropriate and detailed supporting documents showing the implementation of appropriations and estimates of requirements up to the end of the financial year, both for the headings to be credited and for those from which the appropriations are drawn.
Amendment 41
Article 21 b (new)
Article 21b
At the end of a financial year, and no later than 1 December of the year in question, the Commission may propose to the budgetary authority an omnibus transfer simultaneously concerning several chapters of the budget.
The objective of the omnibus transfer shall be to enable adjustments to be made in the light of conditions for implementation and requirements which have emerged during the financial year, in order, in particular, to ensure orderly development in the relationship between commitment appropriations and payment appropriations, and sound financial management. The Commission and the budgetary authority shall prevent omnibus transfer operations from producing an excessive disparity in relation to the appropriations originally entered against the items concerned.
Amendment 42
Chapter 7, heading
CHAPTER 7
Section 7
Amendment 43
Article 25
   1. Budget appropriations shall be used in accordance with the principle of sound financial management, that is to say, in accordance with the principles of economy, efficiency and effectiveness.
   1. Budget appropriations shall be used in accordance with the principle of sound financial management, that is to say, in accordance with the principles of economy, efficiency and effectiveness as set out in the implementing rules .
1a. In accordance with the principle of economy, the resources used by the organisation to produce goods and/or services must be available in due time, in appropriate quantity and quality, at the best price.
1b. In accordance with the principle of efficiency, the goods and services needed to achieve the organisation's objectives must be produced at an optimum input-output ratio and highest possible environmental standards.
1c. In accordance with the principle of effectiveness, the given objectives must be achieved, thereby maximising the desired effects of the policy being pursued.
   2. Objectives which can be checked by means of measurable indicators shall be set and achievement of these objectives shall be monitored.
   2. Objectives which can be checked by means of measurable indicators shall be set, and achievement of these objectives shall be monitored, by the budgetary authority and by each of the institutions, in relation to its own budget. The institutions shall supply the budgetary authority with all the necessary information for this purpose, in particular in the documents referred to in Article 30(2).
   3. In order to apply the principle of sound financial management, the institutions shall evaluate actions regularly.
   3. In order to apply the principle of sound financial management, the institutions shall evaluate actions regularly and shall supply the budgetary authority with all the necessary information for this purpose.
Amendment 247
Article 25 a (new)
Article 25a
The Commission shall establish criteria by which it can determine whether proposed legislation facilitates or hampers sound financial management and whether it is susceptible to irregularities and fraud. The Commission shall check each proposal for legislation against these criteria and shall include the results in the financial statement.
Amendment 44
Article 26
During the budgetary procedure, the Commission shall provide the necessary information for a comparison between changes in the appropriations required and the initial forecasts made in the financial statements accompanying all proposals sent to the legislative authority which may have a budgetary impact.
   1. Any proposal or communication submitted by the Commission to the legislative authority which may have budgetary consequences, including changes in the number of posts, shall include a financial statement.
The financial statement shall include financial and economic data with a view to the assessment by the legislative authority of the need for Community action in accordance with the relevant provisions of Article 5 of the EC Treaty. It shall give details of possible consistency and synergy with other financial instruments.
In the case of multiannual operations, the financial statement shall contain the estimated schedule of annual requirements in appropriations and posts and an assessment of its impact on the medium-term financial plan referred to in Article 36a.
   2. At the start of the budget procedure, the Commission shall provide the necessary information enabling a comparison to be made between the appropriations actually required or actually utilised and the initial forecasts made in the financial statements accompanying the original proposals sent to the legislative authority. Where necessary, the financial statements shall be revised in the light of this comparison and the Commission shall indicate any potential impact on the medium-term financial plan that emerges as a result.
   3. During the budget procedure, the Commission shall continually update the budgetary authority on any developments which might cause financial statements or the medium-term financial plan to be revised, including:
   - progress made in implementing programmes;
   - the state of the legislative authority's deliberations on existing proposals;
   - any new programmes proposed;
   - the Commission's annual work plan.
   4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to all the other institutions.
Amendment 45
Chapter 8, heading
CHAPTER 8
Section 8
Amendment 46
Article 27, paragraph 2, subparagraph 2
The budget shall be published within two months following the date on which the budget is declared finally adopted .
The budget shall be published at the latest within two months following the date on which it enters into force .
While awaiting official publication and within four weeks of the date on which the budget is declared finally adopted a summary of the budget in figures shall be published, at the initiative of the Commission.
Amendment 47
Article 29 a (new)
Article 29a
   1. The decentralised bodies referred to in Article 3(2)(cb) and listed in the annex to this Regulation shall forward to the Commission, by 1 April each year, an estimate of their revenue and expenditure, including their establishment plan, accompanied by a work programme. The estimates shall be forwarded to the budgetary authority before 1 July each year.
   2. The bodies shall forward to the Commission, before 1 April each year, their revenue and expenditure account and balance sheet for the financial year n-1, their final budget for the financial year n and their establishment plan as adopted by their decision-taking authorities.
   3. The Commission shall incorporate the information supplied by the bodies under paragraphs 1 and 2 into the budget documents forwarded to the budgetary authority to accompany the preliminary draft budget. Taking account of the information supplied, the Commission shall draw up the preliminary draft budget.
   4. A body may modify its estimates after submission of the preliminary draft budget by the Commission. Modifications shall be adopted by the appropriate decision-taking authorities of the body concerned in the form of amendments to the estimates. The Commission and the budgetary authority shall be notified in advance of all proposed modifications.
   5. The bodies shall not finally adopt their budget or annual work programme prior to adoption of the general budget of the Union by the budgetary authority. They shall forward a copy thereof to the budgetary authority.
   6. Any modification by a body to the budget already notified to the budgetary authority shall be forwarded to the Commission and the budgetary authority in the form of an amending budget.
   7. The bodies shall immediately forward to the Commission or the budgetary authority any information requested by them concerning implementation of their revenue or expenditure.
Amendment 48
Article 34, paragraph 4
   4. Where the Council, having received a preliminary draft amending budget, considers that it is not necessary to establish a draft amending budget, it shall determine its position after an exchange of views with the European Parliament .
   4. Where the Council has received a preliminary draft amending budget, it shall establish a draft amending budget in accordance with the procedure set out in Article 35.
Amendment 227
Article 35
Except for the timetable, Articles 32 and 33 shall apply to amending budgets. They must be substantiated by reference to the budget whose estimates they are amending .
Except for the timetable, the procedure provided for in Article 272 of the EC Treaty, Article 78 of the ECSC Treaty and Article 177 of the Euratom Treaty shall apply to amending budgets, and the provisions concerning the duration of periods laid down for each stage of the procedure shall apply mutatis mutandis .
Amendment 49
Article 36 a (new)
Article 36a
The Commission and the budgetary authority may agree a multiannual expenditure plan termed "financial perspective". That plan may provide for ceilings for the broad expenditure categories. If agreement is reached on the financial perspective, the two arms of the budgetary authority agree, with regard to expenditure other than that necessarily resulting from the Treaties or from acts adopted in accordance therewith, to accept, for the duration of such an agreement, the maximum rates of increase for that expenditure deriving from the budgets established within the ceilings set by the financial perspective.
Amendment 50
Article 38, paragraph 2, subparagraph 2
A title shall correspond to a policy area and a chapter shall, as a rule, correspond to an activity. The administrative appropriations for a title shall be grouped in a single chapter.
A title shall correspond to a policy area and a chapter shall, as a rule, correspond to an activity.
Each policy area shall comprise operational appropriations and administrative appropriations. Appropriations specified as operational shall not be used for administrative expenditure, or vice versa.
Operational appropriations shall be the appropriations used for the financial interventions which constitute the objective of the policy area or activity concerned and which normally impact directly on third-party beneficiaries.
2a. The administrative appropriations for a title and the activities classified therein shall be grouped in a single chapter and shall be specified by separate headings according in particular to the following purposes :
   A. human resources
   - staff in establishment plan
   - support staff
indicated both by an amount of appropriations and by a number of posts;
   B. management and support expenditure, including, where necessary, separate headings for expenditure on:
   - executive agencies within the meaning of Article 52;
   - external public bodies within the meaning of Article 53;
   - technical assistance entrusted to external private-law bodies within the meaning of Article 54;
   C. the other broad headings by which this type of expenditure is normally classified, including buildings.
Where a policy area or activity is implemented on basis of shared or decentralised management, the additional administrative costs comprised in this expenditure shall be indicated separately.
Amendment 51
Article 39
The budget may not contain negative revenue or expenditure. The own resources paid under the Council Decision on the system of the Communities' own resources shall be entered net in the budget statement of revenue.
The budget may not contain negative revenue or expenditure. The total own resources paid under the Council Decision on the system of the Union's own resources shall be entered in the budget statement of revenue. The amounts representing the collection costs deducted at source by Member States from own resources shall be clearly indicated in the budget statement of expenditure.
Collection costs shall be reimbursed on the basis of the duly substantiated declarations by Member States.
Amendment 52
Article 40, paragraph 1, subparagraph 1
   1. Each section of the budget may include a "provisions" title. Appropriations shall be entered in this title in the following two circumstances:
   1. Each section of the budget may include a "provisions" title. Appropriations shall be entered in this title in the following three circumstances:
   (a) where no legal basis exists for the action concerned when the budget is established;
   (a) where no legal basis exists for the action concerned when the budget is established;
   (b) where there is uncertainty about the adequacy of or need for the appropriations entered on the operational lines.
   (b) where there is uncertainty about the adequacy of or need for the appropriations entered on the operational lines;
   (ba) where there is uncertainty about the possibility of implementing the appropriations entered on the operational lines in a manner in keeping with the principle of sound financial management laid down in Article 25.
Amendment 53
Article 40, paragraph 2
   2. In the event of serious implementation difficulties, the Commission may transfer appropriations to the “provisions” title in the course of a financial year.
   2. In the event of serious implementation difficulties, the Commission may propose a transfer of appropriations to the “provisions” title in the course of a financial year. The budgetary authority shall take decisions on such transfers as provided for in Article 22.
On a proposal by the Commission, the budgetary authority may decide, before 1 December of the financial year concerned, to use the appropriations transferred in this manner to the “provisions” title:
   - either on the basis of a transfer of appropriations to the budget items from which they were taken, if it is demonstrated that implementation difficulties no longer exist;
   - or on the basis of a transfer of appropriations to budget items other than those from which they were taken, in order to ensure sound financial management or orderly development as regards implementation of appropriations, or if the Commission considers that appropriations could be inadequate.
Amendment 54
Article 42, paragraph 1
   1. The Commission section of the budget shall include the following two reserves:
   1. The Commission section of the budget shall include the following three reserves:
   (a) a reserve for emergency aid for third countries;
   (a) a reserve for emergency aid for third countries;
   (b) a reserve relating to Community loans and loan guarantees to third countries.
   (b) a reserve relating to Community loans and loan guarantees to third countries;
   (ba) a reserve for unforeseen expenditure.
Amendment 55
Article 42 a (new)
Article 42a
With regard to agricultural expenditure, the Commission section may include a "contingency reserve" entered in a special title and earmarked for specific titles or chapters. By way of exception, the own resources shall not be called in to finance the appropriations entered until a transfer has been decided on by the budgetary authority.
The conditions for the entry and utilisation of the "contingency reserve" shall be laid down by common accord between both arms of the budgetary authority.
The annual appropriations entered in this reserve shall be decided on by the budgetary authority below the ceiling of heading 1 of the financial perspective.
Amendment 56
Article 43, paragraph 3, point (d)
   (d) an establishment plan setting the number of posts for each grade in each category in each agency set up by the Communities .
   (d) an establishment plan setting the number of posts for each grade in each category in each agency referred to in Article 3(2) and listed in the annex to this Regulation.
Amendment 57
Article 44, paragraph 1
   1. The establishment plan shall constitute an absolute limit for each institution; no appointment may be made in excess of the limit set.
   1. The establishment plan described in Article 43(3) shall constitute an absolute limit for each institution; no appointment may be made in excess of the limit set.
However, each institution may modify each establishment plan by up to 10% and within the limit of the budget appropriations and the total number of posts allocated, except in the case of grades A1 and A2.
However, each institution may propose to the budgetary authority modifications to each establishment plan by up to 10% and within the limit of the budget appropriations and the total number of posts allocated, except in the case of grades A1 and A2.
The budgetary authority shall take decisions on such proposals under the conditions laid down in Article 22(3).
Amendment 58
Article 47 a (new)
Article 47a
The Commission shall confer on OLAF the requisite powers for the implementation of its statement of revenue and expenditure in the manner laid down in Part Two.
Amendment 59
Article 49
Any measures of budget implementation which may give rise to a conflict of interests between the delegator, the delegatee and the third party supplying the revenue or the third party receiving the expenditure shall be prohibited .
It shall be prohibited for any actor involved in the implementation of the budget to take any measures of budget implementation which may bring his own interests into conflict with those of the Community. Should such a case arise, the actor in question must refer it to the competent authority .
Amendment 60
Article 49, paragraph 2 (new)
A conflict of interests shall exist where persons carrying out an act implementing the budget may directly or indirectly obtain advantages for themselves or for persons related or otherwise linked to them or where their ability to perform their duties impartially and objectively is impaired for other reasons.
Amendment 61
Article 49a (new)
Article 49a
   1. The maximum time limit for payment is set at thirty days following the date of receipt of the invoice or an equivalent request for payment.
   2. The European Institutions are liable to pay as statutory rate for late payment the sum of the reference rate plus a margin of seven percentage points.
   3. The detailed implementing rules for this regulation shall specify and define the timetables of any acceptance or verification procedures that might be deemed necessary for considering a request for payment eligible.
Amendment 62
Article 50, paragraphs 2 and 3
   2. Where the Commission implements the budget on a centralised basis, implementation operations shall be performed directly by Commission departments or by executive agencies or by national, Community or international public-law bodies.
   2. Where the Commission implements the budget on a centralised basis, implementation operations shall be performed directly by Commission departments or by executive agencies or public bodies as defined in Articles 51 to 54 .
   3. Where the Commission implements the budget by shared or decentralised management, implementation operations shall be entrusted to Member States in accordance with the provisions of Titles I and II of Part Two, or to third countries in accordance with Title IV of Part Two. In this case, in order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply, in accordance with specific provisions, clearance of accounts procedures and appropriate financial correction mechanisms.
   3. Where the Commission implements the budget by shared management, implementation operations shall be entrusted in part to Member States in accordance with the provisions of Titles I and II of Part Two.
Where the Commission implements the budget by decentralised management, implementation operations shall be entrusted in part to third countries in accordance with Title IV of Part Two.
In the cases referred to in the first and second subparagraphs, in order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply, in accordance with specific provisions, clearance of accounts procedures and appropriate financial correction mechanisms which enable it to assume its final responsibility for the implementation of the budget.
In the case of shared management referred to in the first subparagraph, the beneficiary country shall agree to assume full responsibility for the Community funds paid to it. It shall also undertake to conduct regular checks to ensure that the actions financed from the Community budget have been implemented correctly, to prevent and prosecute irregularities and fraud and to recover funds lost, wrongly paid or incorrectly used.
The conditions referred to in the third and fourth subparagraphs shall be specified in the decision by which implementation operations are delegated by the Commission.
Amendment 63
Article 51
   1. The Commission may not delegate the executive powers it enjoys under the Treaties where they involve a large measure of discretion implying political choices.
The Commission may not delegate executive powers it enjoys under the Treaties which involve a large measure of discretion implying political choices.
   2. Within the limits laid down in paragraph 1 , the Commission may delegate tasks of public authority and in particular measures of budget implementation to executive agencies governed by Community or international law, hereinafter: "executive agencies” or to other external national, public-law bodies or bodies with a public-service mission guaranteed by the State.
Article 51a
Within the limits laid down in Article 51 , the Commission may delegate tasks of public authority, including measures of budget implementation, to:
   (a) executive agencies governed by Community law, hereinafter: "executive agencies”
or to
   (b) other external national, public-law bodies or bodies with a public-service mission guaranteed by the State, hereinafter: “public bodies” .
The decision by which the Commission delegates tasks under the first paragraph shall specify the exact tasks to be performed by the executive agency or public body on behalf of the Commission and under its responsibility.
Amendment 64
Article 52
The executive agencies are bodies which can be empowered to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility.
The executive agencies are bodies which can be empowered to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility.
The expenditure on each agency established under this Article shall be specified in the budget in accordance with Articles 3, 29a and 39.
The conditions and arrangements for the creation and operation of these agencies shall be defined in such a way that the Commission retains control of implementation and can monitor their operation.
The conditions and arrangements for the exercise of implementing powers delegated to these agencies shall be defined by the Commission as part of the implementing rules adopted pursuant to Article 172 and in such a way that the Commission retains control of implementation and can monitor the operation of each agency .
Amendment 66
Article 53, paragraph 1, point (d a) (new)
   (da) public access to information of similar or higher standard than Community rules provide for.
Amendments 67 and 240
Article 53, paragraph 1, subparagraph 3
The Commission must also ensure periodic supervision, evaluation and control of the implementation of the delegated tasks. It shall take account of the equivalence of control systems when undertaking its controls.
The Commission must also ensure periodic supervision, evaluation and control of the implementation of the delegated tasks. It shall take account of the equivalence of the control systems vis-à-vis its own control systems when undertaking its controls. In March and September of each year it shall forward an appraisal of the situation to the budgetary authority.
Amendment 68
Section 2, Article 55 a (new)
Article 55a
The institution shall exercise the duties of authorising officer.
Amendment 69
Article 57, paragraph 1
   1. The authorising officer by delegation and subdelegation shall be responsible in each institution for implementing revenue and appropriations in accordance with the principles of sound financial management.
   1. The authorising officer by delegation and the authorising officer by subdelegation shall be responsible in each institution for implementing revenue and appropriations in accordance with the principles of legality, regularity and sound financial management.
Amendment 70
Article 57, paragraph 3
   3. Implementation of revenue shall comprise drawing up estimates of amounts receivable, establishing entitlements to be recovered and issuing recovery orders. It shall involve waiving established entitlements in appropriate cases.
   3. Implementation of revenue shall comprise drawing up estimates of amounts receivable, establishing entitlements to be recovered and issuing recovery orders. It shall involve waiving established entitlements, in accordance with the applicable provisions, in appropriate cases.
Amendment 71
Article 57, paragraph 5
   5. The authorising officer by delegation shall report to his institution on the performance of his duties, including on the results of the operations by reference to the objectives set, on the risks associated with these operations and on the use made of the resources provided. The authorising officer by delegation shall submit to the institution, to the internal auditor and to the accounting officer an annual activity report together with accounts .
   5. The authorising officer by delegation shall report to his institution on the performance of his duties in the form of an annual activity report comprising the results of the operations by reference to the objectives set, the risks associated with these operations, the use made of the resources provided and the operation of internal control systems . The authorising officer by delegation shall, at the same time, forward this report to the internal auditor and to the accounting officer.
Amendment 72
Article 57 a (new)
Article 57a
   1. The authorising officer by delegation shall set up, in accordance with the minimum standards set by each institution and taking into account the risks associated with the management environment and the nature of the actions financed, the organisational structure, the monitoring systems and the methods of internal control (ex ante and ex post) required for the performance of his tasks.
   2. Before it is authorised, the operational and financial aspects of each transaction shall be checked by two officials who are administratively independent of each other. The functions of initiation and verification of the transactions shall be kept separate.
   3. Any person in charge of the financial control of transactions shall have the appropriate professional skills and training. He shall respect a specific code of professional standards established by each institution.
   4. Any agent involved in the financial management and control of transactions who considers that a decision he is compelled to apply or to agree upon by his superior is irregular or contrary to the principle of sound financial management shall inform the authorising officer and the internal auditor of this in writing. In the case of any illegal activity, including fraud and corruption, liable to prejudice the interests of the Community, he shall report in accordance with applicable legislation, including the Staff Regulations.
Amendment 73
Article 58, paragraph 1, point (a)
   (a) for preparing and presenting the financial statements provided for in Title VI ;
   (a) for laying down the minimum accounting rules and the accounting systems to be used, and for validating these systems. The Commission's accounting officer shall be responsible for laying down the accounting standards, principles and methods applicable to the drawing up of the Community's consolidated financial statements ;
Amendment 74
Article 58, paragraph 1, point (b)
   (b) for laying down the minimum accounting rules and the accounting systems used by authorising officers and for validating these systems ;
   (b) for the management of cash resources ;
Amendment 75
Article 58, paragraph 1, point (c)
   (c) for proper implementation of payments, management of the treasury, collection of revenue and recovery of established entitlements.
   (c) for proper implementation of payments, collection of revenue and recovery of established entitlements in conformity with the information supplied by the authorising officer and the accounting rules laid down in this Regulation .
Amendment 76
Article 58, paragraph 1, point (ca) (new)
   (ca) for keeping the accounts and for preparing and presenting the financial statements provided for in Title VI.
Amendment 77
Article 58, paragraph 1, subparagraph 2
The accounting officer shall obtain all the information necessary for the purposes of the first subparagraph from the authorising officers.
1a. The accounting officer shall obtain all the information needed to fulfil his duties from the authorising officers.
Amendment 78
Article 58, paragraph 2
   2. Save as otherwise provided in this Financial Regulation or in any sectoral regulation , the accounting officer is alone empowered to manage monies and other assets. He shall be responsible for their safekeeping.
   2. Save as otherwise provided in this Financial Regulation, the accounting officer is alone empowered to manage monies and other assets. He shall be responsible for their safekeeping.
Amendments 79, 80 and 81
Article 59
For the payment of small sums, imprest accounts may be set up which shall be endowed by the institution's accounting officer and shall be placed under the responsibility of imprest administrators designated by the institution's accounting officer.
Each institution's accounting officer may designate one or more imprest account administrators, who shall be responsible for effecting the payment of small sums and/or the collection of revenue. The accounting officer shall to this end set up and endow imprest accounts. The amount of the sums in question shall be laid down in the implementing rules. Imprest account payments shall be made in person and always directly to the beneficiary.
Amendment 82
Article 60
Without prejudice to any disciplinary action, authorising officers by delegation and subdelegation, accounting officers and imprest administrators may be suspended from their duties by the authority which appointed them .
Without prejudice to any disciplinary action, the liability of authorising officers by delegation and subdelegation, accounting officers and imprest administrators shall be governed by the following provisions .
Amendment 83
Article 61 a (new)
Article 61 a
The superior authority of the institution may suspend financial actors as defined in Article 60 from their duties and oblige them to pay compensation if they have breached provisions of this Financial Regulation.
Persons concerned shall be entitled to appeal to the Court of First Instance against decisions of the superior authority. If necessary, payment of compensation shall not become due until after a ruling by the Court.
Amendment 84
Article 62, paragraphs 2 and 3
   2. An authorising officer by delegation or subdelegation who considers that a decision he is required to take is irregular or contrary to the principles of sound financial management shall inform his higher authority in writing. If the instruction is then confirmed in writing, the authorising officer by delegation or subdelegation may not be held liable.
Article 62a
   1. An authorising officer by delegation or subdelegation who considers that a decision he is required to take is irregular or contrary to the principles of sound financial management shall inform the delegating authority of this in writing. If the delegating authority then gives the authorising officer by delegation or subdelegation a reasoned instruction in writing to take the aforesaid decision, the officer may not be held liable.
Any decision taken after an authorising officer by delegation or subdelegation has written to his delegating authority must be so recorded in the accounting system.
The internal auditor shall include the number of reported cases and their follow-up in his annual audit report referred to in Article 81.
   3. In the event of subdelegation, the authorising officer by delegation continues to be responsible for the effectiveness of the control systems put in place and for the choice of the authorising officer by subdelegation.
   2. In the event of subdelegation, the authorising officer by delegation continues to be responsible for the effectiveness of the control systems put in place and for the choice of the authorising officer by subdelegation.
Amendment 85
Article 62 b (new)
Article 62b
The internal auditor shall report on individual cases of financial irregularity encountered in the course of his activities or on the basis of a request from the institution.
The report drawn up by the internal auditor shall identify the authorising officer concerned. It shall be referred to a specialised financial irregularities committee, composed of persons with relevant experience and attached directly to the Secretary-General of the institution.
The financial irregularities committee shall establish and identify the responsibility of the authorising officer and shall decide whether to refer the case to the disciplinary procedure under the Staff Regulations. Any decision to refer a case to the disciplinary procedure shall be binding on the institution.
Amendment 86
Chapter 4, Section 2, heading
Section 2
Section 3
Amendment 87
Article 63, introduction
An accounting officer shall be liable to disciplinary action and payment of compensation in particular where:
An accounting officer shall be liable in particular where:
Amendment 88
Article 63, point (c a) (new)
   (ca) he omits, within reasonable time limits, to recover amounts or to request from the authorising officer a waiver of recovery of amounts receivable.
Amendment 89
Article 64, introduction
An imprest administrator shall be liable to disciplinary action and payment of compensation in particular where:
An imprest administrator shall be liable in particular where:
Amendment 90
Article 64, point (ca) (new)
   (ca) he omits to collect revenue due.
Amendment 91
Chapter 5, Section 2, title
Estimate of amounts receivable
Forward schedule and estimate of amounts receivable
Amendment 92
Article 66, paragraph 1
   1. An estimate of the amount receivable shall first be made by the authorising officer in respect of any measure or situation which may give rise to or modify an amount owing to the Communities.
Deleted
Amendment 93
Article 66, paragraph 2
   2. By way of derogation from paragraph 1, no estimate of the amount receivable shall be made before Member States make directly available to the Commission the amounts of own resources defined in the Council Decision on the system of the Communities' own resources which are paid at fixed intervals by the Member States. The authorising officer shall issue a recovery order in respect of these amounts.
   2. The authorising officer shall draw up a forward schedule for making directly available to the Commission own resources defined in the Council Decision on the system of the Communities' own resources which are paid at fixed intervals by the Member States.
2a. Any measure or situation, other than those defined in paragraph 1, which is liable to generate or alter an amount receivable by the Communities shall give rise to an estimate of the amount receivable drawn up by the authorising officer.
2b. The forward schedule and the estimate of the amount receivable shall precede any recovery order.
Amendment 94
Article 67
A recovery order shall be drawn up by the authorising officer to establish every amount receivable that is identified as being certain, of a fixed amount and due. The conditions in which interest on late payment is due to the budget shall be laid down in the implementing rules.
A recovery order shall be drawn up by the authorising officer to establish any own resources placed directly at the disposal of the Commission and every amount receivable that is identified as being certain, of a fixed amount and due. The conditions in which interest on late payment is due to the budget shall be laid down in the implementing rules.
Amendments 95 and 96
Article 68
   1. The accounting officer shall act on recovery orders duly established by the authorising officer. He shall exercise due diligence to ensure that the Communities receive their revenue and shall see that their rights are safeguarded.
   1. The accounting officer shall act on recovery orders duly established by the authorising officer. He shall exercise due diligence to ensure that the Communities receive their revenue and shall see that their rights are safeguarded.
The accounting officer shall inform the authorising officer when revenue is not received by the due date. He shall, where appropriate, initiate the enforced recovery procedure.
The accounting officer shall inform the authorising officer when revenue is not received by the due date. He shall, where appropriate, initiate the enforced recovery procedure.
The accounting officer may recover amounts by offsetting them against equivalent claims that the Communities have on a debtor who himself has a claim on the Communities that is certain, of a fixed amount and due.
The accounting officer may recover amounts by offsetting them against equivalent claims that the Communities have on a debtor who himself has a claim on the Communities that is certain, of a fixed amount and due, under the conditions set out in the implementing rules.
   2. Where the authorising officer waives recovery of an established entitlement, he shall ensure that the waiver is in order and complies with the principle of sound financial management. He shall inform the accounting officer of the waiver so that it can be registered. The waiver decision must be substantiated and adopted by the authorising officer by delegation. The authorising officer by delegation shall refer any cases about which he has doubts to the higher authority for a decision.
   2. Where the authorising officer or authorising officer by delegation waives recovery of an established entitlement, he shall ensure that the waiver is in order, complies with the principle of sound financial management and is in accordance with clear criteria which must be laid down in the implementing rules . He shall inform the accounting officer of the waiver, in writing, so that it can be registered. The waiver decision must be substantiated and signed by the authorising officer by delegation.
Amendment 97
Article 68, paragraph 2 a (new)
2a. Article 62 shall apply to the cases mentioned under paragraphs 1 and 2.
Amendment 102
Article 72, introduction and points (a) to (c)
When drawing up acts of budget commitment, the authorising officer shall ensure that:
When drawing up a budget commitment, the authorising officer shall ensure that:
   (a) the expenditure has been charged to the correct item in the budget;
   (a) the expenditure is to be charged to the correct item in the budget;
   (b) the appropriations are available;
   (b) the appropriations are available;
   (c) the expenditure is in order and conforms to the relevant provisions, in particular of the budget and regulations, and of all acts adopted in accordance with the Treaties and of the regulations;
   (c) the expenditure conforms to the relevant provisions, in particular of the budget and regulations, and of all acts adopted in accordance with the Treaties and of the regulations;
Amendment 103
Article 72 a (new)
Article 72a
When registering a legal obligation, the authorising officer shall ensure that:
   (a) it is covered by the related budget commitment;
   (b) the expenditure conforms to the relevant provisions, in particular of the budget and regulations, and of all acts adopted in accordance with the Treaties and of the regulations;
   (c) the principle of sound financial management is complied with.
Amendment 107
Article 74
Authorisation is the act whereby the authorising officer, by issuing a payment order, instructs the accounting officer to pay an item of expenditure which he has validated.
Authorisation is the act whereby the authorising officer, after having checked that the appropriations are available , instructs the accounting officer by issuing a payment order to pay an amount due which he has validated.
Amendment 108
Chapter 6, after Article 74, Section 3 a (new)
Section 3a
Payments
Amendment 109
Article 75, paragraph 1, subparagraph 2
A distinction shall be made in the accounts between these different types of payment.
A distinction shall be made in the accounts between these different types of payment at the time they are made. The subsequent conversion of prefinancing payments to reimbursements, and the clearance of both of these by balancing payments, shall also be recorded in the accounts .
Amendment 110
Article 75, paragraph 2
   2. Only amounts paid by way of prefinancing shall yield interest until such time as they are definitively transferred to the final beneficiaries, save where they are made available to the Member States' authorities.
Deleted
Amendment 111
Article 75, paragraph 2 a (new)
2a. Prefinancing payments charged to the budget should be restricted to amounts demonstrably required to meet the Community's share of the necessary prefinancing of operations co-financed by the Communities.
Amendments 112 and 113
Chapter 6, Section 4
Section 4
Deleted
Payment of expenditure
Article 76
Payment of expenditure is the final act whereby the institution is discharged of its obligations towards its creditors.
Payment of expenditure shall be made by the accounting officer within the limits of the funds available.
Amendment 114
Chapter 6, Section 5, title
Time-limits for expenditure operations
Time-limits for payment operations
Amendments 115 and 116
Article 77
The validation, authorisation and payment of expenditure must be completed within the time-limits laid down in the implementing rules, which shall also specify the circumstances in which creditors paid late are entitled to receive default interest charged to the line from which the principal was paid.
If the payment of expenditure is not completed within the time-limits laid down in the implementing rules, creditors paid late are entitled to receive default interest charged to the budget line from which the principal was paid, in accordance with the provisions laid down in the implementing rules . At the end of the year, default interest shall be separately booked to the revenue and expenditure account.
Amendment 117
Article 77, paragraph 1 a (new)
Where the authorising officer or accounting officer is responsible for the delay, the provisions of Article 62(1) shall apply.
Amendment 228
Article 78
Article 78
   1. Once a month, the Commission shall send to the European Parliament and the Council aggregate figures, by chapter, on the implementation of the budget, both for revenue and for expenditure against all appropriations. These figures shall also show details of the utilisation of appropriations carried over.
Deleted
The figures shall be sent within ten working days following the end of each month.
   2. Three times a year, within the thirty working days following 31 May, 31 August and 31 December, the Commission shall send the European Parliament and the Council a report on implementation of the budget, covering both revenue and expenditure broken down by chapter, article and item. This report shall also give details of the utilisation of appropriations carried over from previous financial years.
   3. The figures and the report shall at the same time be sent to the Court of Auditors.
Amendment 119
Article 79, introductory clause
Where revenue and expenditure operations are managed by means of computer systems, the provisions of this Title and of Chapters 2 and 3 of Title VI of Part One shall apply with due allowance for the possibilities and requirements deriving from computerised management. To this end, in particular:
Deleted
Amendment 120
Article 79, point (b)
   (b) signatures may be added by a computerised or electronic procedure.
Deleted
Amendment 121
Article 79, point (b a) (new)
   (ba) back-ups shall be made at least once a day and stored in a secure storing device.
Amendment 122
Article 80
Each institution shall appoint an internal auditor responsible for providing the institution with guarantees, in accordance with the relevant international standards, concerning the proper operation of budget implementation systems and procedures. The internal auditor may be neither authorising officer nor accounting officer.
Each institution shall appoint an internal auditor responsible for providing the institution with guarantees, in accordance with the relevant international standards, concerning the proper operation of budget implementation systems and procedures. The internal auditor shall also oversee correct implementation of the budget. The internal auditor may be neither authorising officer nor accounting officer.
Amendment 123
Article 81
   - 1. Each institution shall designate the internal auditor according to the method appropriate to its specific characteristics and requirements. Each institution shall, according to its specific characteristics and requirements, decide the scope of the internal auditor's work and adopt detailed objectives and procedures for the internal audit function, in accordance with international internal auditing standards.
   1. The internal auditor shall assist his institution in dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting the economically sound use of the institution's resources.
   1. The internal auditor shall assist his institution in dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting the economically sound use of the institution's resources.
He shall be responsible:
The internal auditor shall be responsible, in particular :
   (a) for assessing the suitability and effectiveness of internal management systems and the performance of departments in implementing policies, programmes and actions by reference to the risks associated with them; and
   (a) for assessing the suitability and effectiveness of internal management systems and the performance of departments in implementing policies, programmes and actions by reference to the risks associated with them;
   (b) for assessing the suitability and quality of the internal control systems applicable to every budget implementation operation.
   (b) for assessing the suitability and quality of the internal control systems applicable to every budget implementation operation; and
   (ba) for monitoring the professional independence of the internal audits carried out under the responsibility of authorising officers by delegation.
   2. The internal auditor shall perform his tasks on all the institution's activities and departments. He shall enjoy full and unlimited access to files relating to revenue and expenditure, where necessary on the spot, including in the Member States and in third countries.
   2. The internal auditor shall perform his tasks on all the institution's activities and departments. He shall enjoy full and unlimited access to files relating to revenue and expenditure, where necessary on the spot, including in the Member States and in third countries. He shall have at his disposal the resources required to perform his duties.
   3. The internal auditor shall report to the institution on his findings and recommendations. The institution shall ensure that action is taken on recommendations resulting from audits.
   3. The internal auditor shall report to the institution and the European Parliament on his findings and recommendations. The institution shall ensure that action is taken on recommendations resulting from audits.
3a. The internal auditor shall submit an annual internal audit report to the institution showing the number and type of internal audits carried out, the audit recommendations made and the action taken on those recommendations. The report shall be published by the institution.
3b. Each institution shall be required to consider whether any recommendations set out in the annual internal audit reports of the other institutions could be applied to its own management and control systems.
3c. The internal auditor shall forward his annual audit report to the discharge authority.
Amendment 124
Article 82
Special rules applicable to the internal auditor shall be laid down by the institution and shall be such as to guarantee that he is independent in the performance of his duties. The internal auditor shall, in the performance of his duties, be liable to disciplinary action and payment of compensation as laid down in the Staff Regulations.
Special rules applicable to the internal auditor shall be laid down by the institution after the Court of Auditors has given its opinion. These rules shall be drawn up in accordance with the relevant international standards and shall guarantee the independence of the internal auditor in the performance of his duties. The internal auditor shall, in the performance of his duties, be liable to disciplinary action and payment of compensation as laid down in the Staff Regulations.
Amendment 125
Chapter 9 a and Article 82 a (new)
Chapter 9a
Financial corrections
Article 82a
   1. The Member States shall, in the first instance, bear the responsibility for investigating irregularities and shall make the financial corrections required in connection with any individual or systemic irregularity.
2 If, after completing the necessary verifications, the Commission concludes that a Member State has not complied with its obligations under paragraph 1 or that there are serious failings in the management or control systems which could lead to systemic irregularities, the Commission shall suspend the payments in question and, stating its reasons, request that the Member State submit its comments and, where appropriate, carry out any financial corrections, within a specified period of time and in accordance with the relevant provisions in the basic legislation in force.
   3. The provisions in paragraphs 1 and 2 shall apply to the whole budget.
Amendment 126
Chapter 9, heading
CHAPTER 9
TITLE IIIa
Amendment 127
Article 83, paragraph 1, point (d)
   (d) service contracts.
   (d) intellectual and non-intellectual service contracts.
Amendment 129
Article 84, paragraph 1
   1. All public contracts financed in whole or in part by the budget shall comply with the principles of transparency, proportionality, equal treatment and non-discrimination .
   1. All public contracts financed in whole or in part by the budget shall comply with the principles of transparency, proportionality and equal treatment.
Amendment 229
Article 84, paragraph 3
   3. The institutions shall reserve the right to suspend, refuse or recover at any time amounts paid for contracts in respect of which they feel that the award procedure was vitiated by error, irregularities or fraud.
Deleted
Amendment 131
Article 85, paragraph 2, subparagraph 3 and paragraph 3
The award notice need not be published where publication would hinder application of the law, would be contrary to the public interest or would harm the legitimate business interests of public or private undertakings or could distort fair competition between the suppliers.
The award notice need not be published where publication would hinder application of the law or would be contrary to the public interest.
   3. Contracts with a value not exceeding the thresholds provided for in Article 98 or Article 153 shall be advertised as appropriate.
   3. Contracts with a value not exceeding the thresholds provided for in Article 98 shall be advertised when reasonable.
Amendment 130
Article 85, paragraph 4
   4. The subject of the contract must be clearly defined in the documents relating to competitive tendering, including the specifications .
   4. The subject of the contract must be clearly defined in the documents relating to competitive tendering.
Amendment 259
Article 86, paragraph 1
   1. Procurement procedures involving competitive tendering shall take one of the following forms:
   1. Procurement procedures involving competitive tendering shall take one of the following forms in preferential order :
   (a) the open procedure;
   (a) the open procedure;
   (b) the restricted procedure;
   (b) the restricted procedure;
   (c) contests;
   (c) contests.
   (d) the negotiated procedure.
The negotiated procedure shall only be permitted under the conditions laid down in Article 87 and when options (a), (b) and (c) listed above have been exhausted. .
Amendment 133
Article 86, paragraph 3
   3. For contracts where the value does not exceed the thresholds provided for in Article 98 or Article 153 , the contracting authority may, in addition to the procedures mentioned in paragraph 1, apply simplified tendering procedures under which the candidates invited to tender are selected on the basis of objective criteria allowing genuine competition.
   3. For contracts where the value does not exceed the thresholds provided for in Article 98, the contracting authority may, in addition to the procedures mentioned in paragraph 1, apply simplified tendering procedures under which the candidates invited to tender are selected on the basis of objective criteria allowing genuine competition which shall be laid down before tenders are opened .
Amendment 134
Article 87, paragraph 2 a (new)
2a. If the number of negotiated procedures is increasing or is significantly higher than the average a report shall be sent to the institution and the discharge authority outlining the measures taken to reverse the trend.
Amendment 135
Article 89, paragraph 1, point (b)
   (b) are guilty of misrepresentation in supplying the information required by the contracting authorities as a condition of participation in a contract procedure;
   (b) are guilty of misrepresentation in supplying the information required by the contracting authorities as a condition of participation in a contract procedure or have failed to submit the information required ;
Amendments 136 and 253
Article 89, paragraph 2
   2. In addition to the cases provided for in paragraph 1, contracts may not be awarded to candidates or tenderers who, in another procurement or grant procedure financed by the Community budget, have been declared to be in serious breach of contract for failure to comply with their contractual obligations.
   2. In addition to the cases provided for in paragraph 1, contracts may not be awarded to candidates or tenderers who, in another procurement or grant procedure financed by the Community budget, have been found to be in serious breach of contract in respect of the Community budget, inter alia for failure to comply with their contractual obligations. They shall accordingly be entered on a list communicated to all Commission departments and the Member States.
Amendment 137
Article 90
Administrative or financial penalties may be imposed on candidates or tenderers who are excluded by virtue of Articles 88 and 89, after they have been given the opportunity to present their observations. These penalties may consist of the suspension or cancellation of funding for ongoing contracts or the exclusion of the candidate or tenderer concerned from contracts financed by the Community budget for a period of up to five years.
Administrative or financial penalties may be imposed on candidates or tenderers who are excluded by virtue of Articles 88 and 89, after they have been given the opportunity to present their observations. These penalties may consist of the suspension or cancellation of funding for ongoing contracts or the exclusion of the candidate or tenderer concerned from contracts financed by the Community budget for a period of up to five years. The duration of that period shall be determined by the institution concerned according to the seriousness of the facts.
Amendment 138
Chapter 1, Section 5, title
Section 5
Section 6
Amendments 140 and 141
Article 91, paragraph 2, point (b)
   (b) under the value-for-money procedure, the contract is awarded to the bid offering the best quality-price combination.
   (b) under the value-for-money procedure, the contract is awarded to the bid offering the best long-term quality-environment- price combination. In this case, if the authorising officer decides to set aside the opinion of the committee referred to in Article 92(3), he shall justify his decision accordingly.
Amendment 142
Chapter 1, Section 6, title
Section 6
Section 5
Amendment 144
Article 94
The contracting authority shall notify all candidates or tenderers whose applications or tenders are rejected of the grounds on which the decision was taken, and all tenderers whose tenders are admissible of the characteristics and relative advantages of the successful tender as well as the name of the tenderer to whom the contract is awarded.
The contracting authority shall notify all candidates or tenderers whose applications or tenders are rejected or not selected of the grounds on which the decision was taken, as well as the name of the tenderer to whom the contract is awarded.
Amendment 145
Article 95, paragraph 1
The contracting authority may, before signature of the contract, cancel the award procedure or abandon the procurement without the candidates or tenderers being able to claim any compensation.
The contracting authority may, before the signing of the contract, either abandon the contract or, in the event of an irregularity, cancel the award procedure without the candidates or tenderers being able to claim any compensation.
Amendment 146
Article 96
To guarantee implementation of contracts, the contracting authority may require contractors to lodge a security in advance.
To guarantee implementation of contracts, the contracting authority may, and, in certain cases envisaged by the implementing rules, must, require contractors to lodge a security in advance.
Amendment 147
Article 96 a (new)
Article 96a
Each institution shall maintain a central database containing the details of candidates and tenderers who are in one of the situations listed in Articles 88 and 89. The sole purpose of the database shall be to ensure the correct application of Articles 88 and 89. Each institution shall have access to the databases maintained by the other institutions.
Amendment 148
Article 96 b (new)
Article 96b
The institutions shall suspend implementation, refuse to make payment, or recover amounts already paid for contracts in respect of which the award procedure or implementation are vitiated by irregularities or fraud attributable to the contracting party.
Amendment 149
Article 98
The thresholds and time-limits applicable shall be those laid down in the Directives of the European Parliament and of the Council on the coordination of procedures for the award of public services, supply and works contracts, subject to Title III of Part Two .
The thresholds and time-limits applicable shall be those laid down in the Directives of the European Parliament and of the Council on the coordination of procedures for the award of public services, supply and works contracts.
Amendment 152
Article 101
   1. Grants are direct financial contributions, by way of donation , from the budget in order to finance:
   1. Grants are direct financial contributions from the budget in order to finance:
   (a) either the functioning of a body which pursues an aim of general European interest or has an objective forming part of a European Union policy;
   (a) either an action intended to help achieve an objective forming part of a European Union policy;
   (b) or action intended to help achieve an objective forming part of a European Union policy.
   (b) or the functioning of a body which pursues an aim of general European interest or has an objective forming part of a European Union policy ;
They shall be covered by a written agreement.
They shall be covered by a written agreement.
   2. Expenditure on the institutions' staff, loans and shareholdings, payment of damages, and procurement contracts shall not constitute grants.
   2. Financial assistance provided through the intervention of the Member States or of bodies designated by them ("transfers'), for example under the Common Agricultural Policy or the Structural Funds, shall not constitute a grant as defined in paragraph 1. Expenditure on the Community institutions" staff, loans and shareholdings, payment of damages, and procurement contracts shall not constitute grants.
2a. Grants in accordance with paragraph 1 shall be awarded by the Commission on the basis of the powers directly conferred on it by the Treaties
Amendment 153
Article 102, paragraph 1
   1. The award of grants is subject to the principles of transparency and equal treatment. They may not be cumulative or awarded retrospectively and they must involve co-financing.
   1. The award of grants is subject to the principles of transparency and equal treatment. They may not be cumulative or awarded retrospectively and they must involve co-financing. For the calculation of cofinancing requirements, duly substantiated contributions in kind may be taken into account.
Amendment 156
Article 109, paragraph 1
   1. Applications shall be evaluated, on the basis of pre-announced selection and award criteria, by a committee set up for that purpose.
   1. Applications shall be evaluated, on the basis of pre-announced selection and award criteria by a committee set up for that purpose.
In the case of grants made by the Commission in accordance with Article 101(2a), general selection and award criteria may be specified in the relevant budget remarks.
Amendment 157
Article 109 a (new)
Article 109a
In the case of grants made by the Commission in accordance with Article 101(2a), the payment of the advance as a result of the award of a grant shall be made within one month following the notification of the award. The balance of a grant shall be paid at the latest six months following notification of the award.
Amendment 159
Article 114
Each grant programme shall be evaluated to ensure that the results are consistent with the objectives set.
Each grant programme shall be evaluated to ensure that the results are consistent with the objectives set. The Commission shall forward the results of the evaluation to the budgetary authority, so that the evaluation for the year n-1 is available at the latest by 1 September of year n.
Amendment 160
Title VI, title, Chapter 1, title, Article 115
KEEPING AND PRESENTATION OF THE ACCOUNTS
KEEPING AND PRESENTATION OF THE FINANCIAL STATEMENTS
CHAPTER 1
CHAPTER 1
PRESENTATION OF THE ACCOUNTS
PRESENTATION OF THE FINANCIAL STATEMENTS
Article 115
   1. The financial statements shall consist of the balance sheet , the revenue and expenditure account and an Annex and shall form an indissoluble whole. They shall be presented in euro.
Article 115
   1. The financial statements shall consist of the budget out-turn account, the economic out-turn account , the revenue and expenditure account and an Annex and shall form an indissoluble whole. They shall be presented in million euro.
The financial statements shall be presented in the form laid down in the Council Directive on the annual accounts of certain types of companies, with account being taken of the specific features of the Communities.
   2. The balance sheet shall set out the financial situation at 31 December of the preceding financial year.
   2. The balance sheet shall set out the financial situation at 31 December of the preceding financial year.
The balance sheet shall be presented in the form laid down in the Council Directive on the annual accounts of certain types of companies, with account being taken of the specific features of the Communities.
   3. The revenue and expenditure account shall set out all budget operations for the year in terms of revenue and expenditure.
   3. The budget out-turn account shall set out all budget operations for the year in terms of revenue and expenditure.
The economic out-turn account is produced by adding the non-budgetary revenue and expenditure accounts to the aforementioned budget out-turn account.
   4. The Annex shall supplement and comment on the information provided in the balance sheet and the revenue and expenditure account, in particular explaining the methods used to draw them up and commenting on the figures they contain.
   4. The Annex shall supplement and comment on the information provided in the balance sheet and by the budget out-turn account and the economic out-turn account, in particular by explaining the methods used to draw them up and commenting on the figures they contain.
   5. The consolidated financial statements of the Communities shall present in aggregated form the financial information contained in the financial statements of each institution.
   5. The consolidated financial statements of the Communities shall present in aggregated form the financial information contained in the financial statements of each institution and body over which one or more Community institutions have a decisive influence .
   6. In addition to the financial statements, each institution shall draw up a report on budget implementation and an analysis of financial management.
   6. In addition to the financial statements, each institution and body to which paragraph 5 refers shall draw up a report on budget implementation and an analysis of financial management.
Amendment 161
Article 116, paragraph 2, point (ba) (new)
   (ba) transparency;
Amendments 162 and 163
Article 117
   1. The accounting officers of the other institutions shall send their provisional financial statements to the Commission's accounting officer by 1 March of the following year at the latest.
   1. The accounting officers of the institutions and of the bodies to which Article 115(5) refers shall send their provisional financial statements to the Court of Auditors and to the Commission's accounting officer by 1 March of the following year at the latest.
They shall also send him a report on budget implementation and an analysis of financial management.
By the same date, they shall send them a report on budget implementation and an analysis of financial management.
   2. The Commission accounting officer shall consolidate the provisional financial statements and shall send to the Court of Auditors, by 1 May of the following year at the latest, each institution's provisional financial statements together with the provisional consolidated financial statements of the Communities. He shall also send each institution's analysis of financial management to Parliament, the Council and the Court of Auditors by the same date.
   2. The Commission accounting officer shall consolidate the provisional financial statements and shall send to the Court of Auditors, by 1 April of the following year at the latest, the provisional consolidated financial statements of the Communities. He shall also send the consolidated budget implementation report and analysis of financial management to the European Parliament, the Council and the Court of Auditors by the same date.
Amendments 164 and 165
Article 118
   1. The Court of Auditors shall draw up observations on the provisional financial statements of each institution by 15 July at the latest to allow them to make the corrections which they deem necessary for their final financial statements.
   1. The Court of Auditors shall draw up observations on the provisional financial statements of each institution and body to which Article 115(5) refers by 15 June at the latest to allow them to make the corrections which they deem necessary for their final financial statements.
   2. Each institution shall draw up its final financial statements and send them to the Commission's accounting officer by 5 September of the following year at the latest with a view to drawing up the final consolidated financial statements.
   2. Each institution and body to which Article 115(5) refers shall be responsible for drawing up its own final financial statements and shall send them to the Commission's accounting officer and to the Court of Auditors by 15 July of the following year at the latest with a view to drawing up the final consolidated financial statements.
   3. After approving the final consolidated financial statements, the Commission shall send them to the European Parliament, the Council and the Court of Auditors by 30 September of the following year at the latest.
   3. After all its Members have approved the final consolidated financial statements, the Commission shall send them to the European Parliament, the Council and the Court of Auditors by 5 September of the following year at the latest.
   4. The final consolidated financial statements shall be published in the Official Journal of the European Communities together with the statement of assurance given by the Court of Auditors in accordance with Article 248 of the EC Treaty, Article 45c of the ECSC Treaty and Article 160c of the Euratom Treaty by 30 November the following year.
   4. The final consolidated financial statements shall be published in the Official Journal of the European Communities together with the statement of assurance given by the Court of Auditors in accordance with Article 248 of the EC Treaty, Article 45c of the ECSC Treaty and Article 160c of the Euratom Treaty by 5 October the following year.
Amendment 166
Before Article 119, Chapter 1 a, heading and title (new)
CHAPTER 1a
INFORMATION ON THE IMPLEMENTATION OF THE BUDGET
Amendment 167
Article 119 a (new)
Article 119a
   1. Once a month, the Commission shall send to the European Parliament and the Council aggregate figures, by chapter, on the implementation of the budget, both for revenue and for expenditure against all appropriations. These figures shall also show details of the utilisation of appropriations carried over.
The figures shall be sent within ten working days following the end of each month.
   2. Three times a year, within the thirty working days following 31 May, 31 August and 31 December, the Commission shall send the European Parliament and the Council a report on implementation of the budget, covering both revenue and expenditure broken down by chapter, article and item. This report shall also give details of the utilisation of appropriations carried over from previous financial years.
   3. The figures and the report shall at the same time be sent to the Court of Auditors.
Amendment 168
Article 120, paragraph 2
   2. The accounting methods and the accounting plan employed by the institutions shall be harmonised and adopted by the Commission's accounting officer.
   2. The accounting rules and methods resulting from the application of the principles set out in Article 116(2), and the rules governing the drafting of the financial statements and the accounting plan employed by the institutions and the bodies to which Article 115(5) refers, shall be harmonised and adopted by the Commission's accounting officer.
Amendment 169
Article 120, paragraph 3
   3. The general accounts shall show, by the double entry method, all revenue and expenditure for the financial year and is intended to establish the institution's assets.
   3. The general accounts shall show, by the double entry method, all budgetary and non-budgetary revenue and expenditure for the financial year and are intended to establish the institution's assets.
Amendment 170
Article 120, paragraph 5
   5. All accounting records shall be based on supporting documents to which they shall refer.
   5. All accounting records, including accounting adjustments, shall be based on supporting documents to which they shall refer.
Amendment 171
Article 120, paragraph 5 a (new)
5a. All transactions shall be recorded in the accounts in such a way that there is a full chronological record and a clear audit trail.
Amendment 172
Article 121, paragraph 2
   2. The accounting officer may , after the close of the budget year and up to the date of closure of the accounts, make any corrections which, without involving disbursement in respect of that year, are necessary for a full, true and fair presentation of the financial statements.
   2. The accounting officer must , after the close of the budget year and up to the date of closure of the accounts, make any corrections which, without involving disbursement in respect of that year, are necessary for a true and fair presentation of the financial statements which complies with the rules .
Amendment 173
Article 121a (new)
Article 121a
Where computerised systems and sub-systems are used to process transactions underlying the accounts, full descriptions of each system shall exist. Each description shall define the contents of all data fields and shall include details of how the system treats individual transactions. It shall describe how the system ensures that a full audit trail of every operation is kept. Such descriptions of systems shall be regarded as part of the accounts. These descriptions of accounting systems and sub-systems shall mention, where appropriate, the links between these systems and sub-systems and the central accounting system (especially as regards the transfer of data and the reconciliation of balances).
Amendment 174
Article 128, paragraphs 2 to 7
   2. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 15 July at the latest, any observations which are, in its opinion, such that they should appear in the annual report. These observations must remain confidential. Each institution shall address its reply to the Court of Auditors by 31 October at the latest. The replies of institutions other than the Commission shall be sent to the Commission at the same time.
   2. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 15 July at the latest, any observations which are, in its opinion, such that they should appear in the annual report. These observations must remain confidential. Each institution shall address its reply to the Court of Auditors by 30 September at the latest. The replies of institutions other than the Commission shall be sent to the Commission at the same time.
   3. The Commission shall inform Member States of the Court of Auditors' observations on the management of Community funds for which they are responsible under the rules applicable, whenever the Member States referred to are identified in those observations .
   3. The Commission shall inform Member States without delay of the Court of Auditors' observations on the management of Community funds for which they are responsible under the rules applicable.
   4. The Member States shall reply to the Commission by 30 September at the latest. The Commission shall transmit the reply, accompanied by its comments to the Court of Auditors, by 31 October .
   4. The Member States shall reply to the Commission by 31 August at the latest. The Commission shall transmit the reply, accompanied by its comments to the Court of Auditors, by 30 September .
   5. The annual report shall contain an assessment of the soundness of financial management.
   5. The annual report shall contain an assessment of the soundness of financial management.
   6. The annual report shall include a section for each institution. The Court of Auditors may add any summary report or general observations which it sees fit to make.
   6. The annual report shall be divided into sections for each institution. The Commission section shall be divided into subsections for each budget chapter. The Court of Auditors may add any summary report or general observations which it sees fit to make.
The Court of Auditors shall take all necessary steps to ensure that the replies of each institution to its observations are published immediately after the observations to which they relate.
The Court of Auditors shall take all necessary steps to ensure that the replies of each institution to its observations are published immediately after the observations to which they relate.
   7. The Court of Auditors shall transmit to the authorities responsible for giving discharge and to the other institutions, by 30 November at the latest, its annual report accompanied by the replies and shall ensure publication thereof in the Official Journal of the European Communities.
   7. The Court of Auditors shall transmit to the authorities responsible for giving discharge and to the other institutions, by 15 October at the latest, its annual report accompanied by the replies and shall ensure publication thereof in the Official Journal of the European Communities.
Amendment 175
Article 128 a (new)
Article 128a
Once a year, Members of the Court shall prepare a declaration setting out their outside activities, their financial interests and assets and the activities of their spouses. The declarations shall be annexed to the annual report.
Amendment 176
Article 129
At the same time as the annual report referred to in Article 128, the Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions.
At the same time as the annual report referred to in Article 128, the Court of Auditors shall provide the European Parliament and the Council with separate statements of assurance corresponding to the sections and subsections referred to in Article 128(6), as to the reliability of the accounts and the legality and regularity of the underlying transactions. In its statements of assurance, the Court of Auditors shall identify, on a sampling basis, the areas where errors have occurred, the nature, number and size of those errors, and the institution and/or Member State responsible.
The institutions and the Member States shall set annual numerical targets for the reduction of the number and size of errors identified by the Court of Auditors. These targets shall be communicated to the Council and the European Parliament in the context of the discharge procedure (Article 276 of the EC Treaty)
Amendment 177
Article 130, paragraphs 2 and 3
   2. The special reports shall be transmitted to the institution or body concerned.
   2. The Court shall notify the institution concerned of all observations which are, in its opinion, such that they could appear in a special report .
The institution concerned shall have two and a half months within which to inform the Court of Auditors of any comments it wishes to make on the special reports in question.
The institution concerned shall have one and a half months within which to inform the Court of Auditors of any comments it wishes to make on the observations in question. The Court shall adopt the definitive version of the special report in question the following month.
Should the Court of Auditors decide to have any such reports published in the Official Journal of the European Communities, they shall be accompanied by the replies of the institutions concerned. Where the special report concerns the management of Community funds for which the Member States are responsible under the relevant rules, the Commission shall send the special report to the Member States identified in the Court of Auditors" observations.
Special reports shall be published in the Official Journal of the European Communities, accompanied by the replies of the institutions concerned. Where the observations referred to in paragraph 1 concern the management of Community funds for which the Member States are responsible under the relevant rules, the Commission shall send the observations in question to the Member States identified.
The Member States shall send their replies to the Commission within one and a half months of the adoption of the special report . The Commission shall transmit these replies to the Court of Auditors together with its remarks.
The Member States shall send their replies to the Commission within one month of the adoption of the observations in question . The Commission shall transmit these replies to the Court of Auditors together with its remarks.
The special reports shall be transmitted to the European Parliament and the Council, each of which shall decide, where appropriate in conjunction with the Commission, what action is to be taken in response.
The special reports, accompanied by the replies of the institutions or Member States in question, shall be transmitted without delay to the European Parliament and the Council, each of which shall decide, where appropriate in conjunction with the Commission, what action is to be taken in response.
   3. If the opinions referred to in paragraph 1 do not relate to proposals for legislation or draft legislation on which it has been consulted, they may be published by the Court of Auditors in the Official Journal of the European Communities. The Court of Auditors shall take its decision on publication after consulting the institution which requested the opinion or the institution concerned by the Court of Auditors' analysis. Opinions published shall be accompanied by the replies of the institutions concerned.
   3. The opinions referred to in paragraph 1 shall be published by the Court of Auditors in the Official Journal of the European Communities and shall be accompanied by the replies of the institutions concerned
Amendment 178
Article 131, paragraph 1
   1. The European Parliament, upon a recommendation from the Council acting by a qualified majority, shall, before 30 April of the year N + 2 give a discharge to the Commission in respect of the implementation of the budget for year N.
   1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give, or refuse to give, a discharge to the Commission in respect of the implementation of the budget for year n before 30 April of the year n + 2 .
Amendment 179
Article 132, paragraph 3
   3. The Commission shall submit to the European Parliament, at the latter's request, any information required for the control of the implementation of the budget of the year in question. Access to confidential information and the arrangements for handling it shall comply with fundamental human rights, the protection of business secrecy, the provisions governing judicial and disciplinary proceedings and the interests of the Union.
   3. The Commission shall provide any information the European Parliament considers necessary, including confidential information. The arrangements for handling confidential information shall comply with the internal procedures of the European Parliament.
Amendment 186
Article 140
Earmarked revenue under this Title shall be earmarked in its entirety either to appropriations for the EAGGF Guarantee Section for financing expenditure on the common agricultural policy or to appropriations for the EAGGF Guarantee Section for rural development and accompanying measures .
The revenue under this Title shall be transferred to the budget of the European Union as revenue. It shall be set out in a separate item in the statement of revenue .
Amendment 193
Article 142, paragraph 4
   4. Payments shall be made subject to any financial corrections deemed necessary by the Commission or the Member States in order to comply with the rules referred to in Article 141.
Deleted
Amendment 196
Article 146, paragraph 2
   2. Within the budget title relating to the research policy area, the Commission may, by way of derogation from Article 21, make transfers between chapters of up to 15% of the appropriations on the line from which the transfer is made.
Deleted
Amendment 208
Article 157
Parts One and Three shall apply to the operation of the Office for Official Publications of the European Communities , hereinafter referred to as "the Office ", save as otherwise provided in this Title.
Parts One and Three shall apply to the operation of the European Offices set up by the Community Institutions , hereinafter referred to as "the Offices ", save as otherwise provided in this Title.
Amendment 209
Article 158
   1. The appropriations for the Office, the total amount of which shall be entered under a special budget line within the section of the budget relating to the Commission , shall be set out in detail in an Annex to that section.
   1. The appropriations for an Office, the total amount of which shall be entered under a special budget line within the section of the budget relating to the institution which set up the Office in question , shall be set out in detail in an Annex to that section.
The Annex shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget.
The Annex shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget.
The appropriations entered in that Annex shall cover all the financial requirements of the Office in the performance of its duties in the service of the Community institutions.
The appropriations entered in that Annex shall cover all the financial requirements of the Office in the performance of its duties in the service of the Community institutions.
   2. The Management Committee of the Office shall take decisions on transfers within the Annex provided for in paragraph 1. The Commission shall inform the budgetary authority of such transfers.
   2. The Director of the Office shall take decisions on transfers within the Annex provided for in paragraph 1. He shall inform the aforementioned institution and the budgetary authority of such transfers.
Amendment 210
Article 159
The Commission shall, in respect of the appropriations entered in the Annex for the Office, delegate the powers of authorising officer to the Director of the Office and shall set the limits and conditions for this delegation of powers .
The powers of authorising officer in respect of the appropriations in the Annex shall be exercised by the Director of the Office.
Amendment 211
Article 160, paragraphs 1 to 3
   1. The Office shall draw up analytical accounts of its expenditure, enabling the proportion of its services supplied to each of the institutions to be determined. The Management Committee shall lay down the criteria on which the accounting system shall be based.
Deleted
   2. The remarks concerning the specific budget line under which is entered the total appropriation for the Office shall show an estimate of the cost of services supplied by the Office to each of the institutions. This shall be based on the forecasts of the analytical accounts provided for in paragraph 1
   3. The Office shall notify the institutions concerned of the results of the analytical accounts.
Amendment 212
Article 161
The Management Committee of the Office shall determine the detailed rules for the implementation of this Title, and also specific rules governing the terms of sale of publications and the corresponding accounting system .
The institution which sets up the Office shall determine the detailed rules for the implementation of this Title. The Director of the Office shall determine specific rules governing the administrative and accounting operations of the Office .
Each institution shall retain the powers of authorisation for expenditure charged to the appropriations for the publication of all work entrusted to outside bodies by the Office. The net proceeds from the sale of the publications shall be used as earmarked revenue by the institution which drew up these publications, in accordance with Article 17.
Amendment 213
Article 163, paragraph 1
   1. Appropriations to cover all the financial requirements for the operation of OLAF in the exercise of its tasks and remits shall be entered under a special budget line within the section of the budget relating to the Commission. These appropriations shall be set out in detail in an Annex which shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget.
   1. Appropriations to cover all the financial requirements for the operation of OLAF in the exercise of its tasks and remits shall be entered under a special budget line within the section of the budget relating to the Commission. These appropriations shall be set out in detail in an Annex which shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget. The appropriations relating to the Supervisory Committee shall be set out in a separate chapter of that Annex. The establishment plan of OLAF shall be annexed to that of the Commission.
Amendment 214
Article 164
The Commission shall delegate the powers of authorising officer in respect of the appropriations entered in the Annex to the Commission Section relating to OLAF to the Director of OLAF and shall set the limits and conditions for this delegation of powers . The Director of OLAF shall be authorised to subdelegate his powers to staff covered by the Staff Regulations.
The Commission shall confer the powers of authorising officer in respect of the appropriations entered in the Annex to the Commission Section relating to OLAF on the Director of OLAF. After the Supervisory Committee has given its agreement, the Director shall adopt the rules for implementation of this Title. The Director of OLAF shall be authorised to subdelegate his powers to staff covered by the Staff Regulations.
Amendment 215
Article 165
The revenue and expenditure account and the balance sheet of OLAF shall form an integral part of the revenue and expenditure account and of the balance sheet of the Communities referred to in Article 115.
The revenue and expenditure account and the balance sheet of OLAF, drawn up by the Office, shall form an integral part of the revenue and expenditure account and of the balance sheet of the Communities referred to in Article 115.
Amendment 217
Article 169 a (new)
Article 169a
The artificial distinction between "compulsory" and "non-compulsory" expenditure shall be abolished on 1 January 2007 at the latest.
Amendment 218
Article 170
The EAGGF Guarantee appropriations for rural development and accompanying measures shall remain subject to Article 135 until the end of the period covered by the financial perspective, that is until 31 December 2006. Appropriate provisions shall be adopted after that date.
The EAGGF Guarantee appropriations for rural development and accompanying measures shall remain subject to Article 135, pending the adoption of the modifications needed to give effect to the principle of the differentiation of appropriations laid down in Article 6 . The Commission shall submit all the proposals needed to give effect to these modifications, including the modifications of this Regulation, by 31 December 2002, and the Council shall act on these proposals by 31 December 2004 at the latest.
Amendments 219 and 246
Article 172
In consultation with the European Parliament and the Council and after the other institutions have delivered their opinions, the Commission shall adopt rules for implementing this Financial Regulation.
In agreement with the European Parliament and the Council and after the other institutions have delivered their opinions, the Commission shall adopt the rules needed to implement all the provisions of this Financial Regulation.
The Commission shall commence the aforementioned consultations at the same time as it presents to the Council its proposals to amend the Financial Regulation.
Amendment 220
Article 173
Every three years, the European Parliament and the Council shall examine this Financial Regulation in the light of a proposal from the Commission.
Every three years, the European Parliament and the Council shall examine this Financial Regulation in the light of a proposal from the Commission.
Any financial regulations amending this Financial Regulation shall be adopted by the Council after recourse to the conciliation procedure, if the European Parliament so requests.
Any financial regulations amending this Financial Regulation and any other Council acts of general application which have appreciable financial implications, and of which the adoption is not required by virtue of acts already in existence, shall be subject to the conciliation procedure, if the European Parliament or the Council so requests. The procedure shall be initiated where the Council intends to depart from the opinion adopted by the European Parliament.
The conciliation shall take place in a "conciliation committee" consisting of the Council and representatives of the European Parliament. The Commission shall participate in the work of the conciliation committee.
The conciliation shall take place in a "conciliation committee" consisting of the Council and representatives of the European Parliament. The Commission shall participate in the work of the conciliation committee and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. The President of the Council, in agreement with the President of the European Parliament, shall convene meetings of the Conciliation Committee. In fulfilling this task, the conciliation committee shall address the joint guideline of the Council on the basis of the amendments proposed by the European Parliament .
The aim of the conciliation procedure shall be to seek agreement between the European Parliament and the Council. The procedure should normally take place over a period not exceeding three months, unless the instrument in question must be adopted by a specific date or if the matter is urgent, in which case the Council may set an appropriate time limit.
The aim of the conciliation procedure shall be to reach agreement between the European Parliament and the Council on a joint text. . The procedure should normally take place over a period not exceeding three months, unless the instrument in question must be adopted by a specific date or if the matter is urgent, in which case the Council, in agreement with the European Parliament, may set an appropriate time limit.
Appropriate contacts may be established with a view to achieving a better understanding of the respective positions and thus to bringing the legislative procedure to a conclusion as quickly as possible.
When the positions of the two institutions are sufficiently close , the European Parliament may give a new opinion, after which the Council shall take definitive action.
When the conciliation committee has produced a joint text, the European Parliament may give a new opinion in order to approve that text, and the Council shall adopt the act in accordance with the joint text. Where the committee fails to produce a joint text within the set time limit, or if either of the two institutions fails to approve the proposed act, it shall be deemed not to have been adopted .
Amendment 221
Article 174
The financial rules of Community bodies having legal personality and receiving grants from the general budget must be modelled on this Financial Regulation . They may depart from them when the specific requirements of their individual operation so dictate.
The financial rules of Community bodies having legal personality and receiving grants from the general budget must be in accordance with framework legislation drawn up by the Commission in consultation with the European Parliament and the Council and after the Court of Auditors has given its opinion . They may depart from them only if the specific requirements of their individual operation so dictate.
Amendment 222
Article 175, paragraph 1
The Financial Regulation of 21 December 1977 is repealed.
The Financial Regulation of 21 December 1977 and any legislative provision which is contrary to this Financial Regulation are repealed.
Amendment 224
Annex a (new)
Annex a
List of bodies to which the principle of unity of the budget of the European Union laid down in Article 3(2)(cb) of the Financial Regulation applies:
   - Translation Centre for the Bodies of the European Union
   - Community Plant Variety Office
   - European Centre for the Development of Vocational Training (CEDEFOP)
   - European Foundation for the Improvement of Living and Working Conditions
   - European Agency for Safety and Health at Work
   - European Environment Agency
   - Office for Harmonisation in the Internal Market
   - European Agency for the Evaluation of Medicinal Products
   - European Monitoring Centre on Racism and Xenophobia
   - European Monitoring Centre for Drugs and Drug Addiction
   - European Training Foundation
   - OLAF
   - Europol
   - Eurojust
   - European Police College
   - European Agency for Reconstruction
   - European Maritime Safety Agency
   - European Aviation Safety Agency
   - European Food Safety Agency

(1) The matter was then referred back to committee pursuant to Rule 69(2).
(2) OJ C 96 E, 27.3.2001, p. 1.


Outcome of the Council and Commission mission to Korea
European Parliament resolution on the outcome of the Council and Commission mission to Korea
B5-0398 , 0400 , 0401 , 0402 , 0403 and 0404/2001

The European Parliament,

-   recalling its resolutions of 23 March 1999(1) and 17 January 2001(2) on EU-DPRK relations following the visits of its ad hoc delegation to the Democratic People's Republic of Korea in December 1998 and November 2000,

-   having regard to the Declaration for Peace on the Korean peninsula issued at the third Asia-Europe meeting (ASEM 3) in Seoul in October 2000,

A.   whereas the Stockholm European Council of 23/24 March 2001 agreed to enhance the role of the EU in support of peace, security and freedom on the Korean peninsula,

B.   whereas the EU troika, led by the Council President and accompanied by the CFSP High Representative and Commissioner Patten, visited the DPRK for the first time and met with President Kim Jong-Il on 3 May 2001,

C.   expressing disappointment, however, at the fact that no Members of the European Parliament were able to travel with the EU delegation,

D.   whereas these talks aimed at contributing to a revival of the process of reconciliation between the North and South of the divided peninsula,

E.   whereas the majority of EU Member States have established diplomatic relations with the DPRK and the Commission has announced, following consultations with the Member States, the establishment of diplomatic relations with the DPRK,

F.   expressing concern at the fact that exports of military technology and missiles by the DPRK are continuing,

G.   whereas the human rights situation in the DPRK continues to be precarious and there is a lack of progress towards establishing the rule of law,

H.   whereas the peninsula is experiencing its second drought season in a row, adding to the agricultural problems of the DPRK caused by inappropriate policies, and threatening its population once again with starvation,

1.   Strongly supports the inter-Korean reconciliation process and the EU and international efforts to promote peace and maintain stability on the Korean peninsula;

2.   Welcomes President Kim Dae Jung's role and efforts in the search for peace and stability in the North East Asia region;

3.   Welcomes the EU troika's visit, aimed at making a positive contribution to peace in the region;

4.   Notes President Kim Jong-Il's confirmation that a moratorium on medium-range missile testing will continue at least until 2003 but considers that the North Korean government should be judged on its behaviour;

5.   Welcomes the Commission's announcement of the establishment of diplomatic relations with the DPRK and believes that this will facilitate the EU's efforts in support of the process of reconciliation on the Korean peninsula initiated last year between the two Korean republics and reiterates its attachment to the undertakings entered into in June 2000 during the summit between the two Korean heads of State;

6.   Invites the Council and the Commission to expand EU assistance in a measured way linked to North Korea's response to international concerns with regard to progress on inter-Korean reconciliation, non-proliferation issues, respect for human rights and political and economic structural reforms and to coordinate their policies with the other major actors of the international community in order to enhance the dialogue with the DPRK;

7.   Welcomes the formal arrangements made for dialogue between the European Union and the DPRK on human rights issues and signals that it will henceforth pay particular attention as regards concrete results achieved in this field;

8.   Invites the Commission to continue humanitarian assistance, insists that the non-governmental organisations and international agencies distributing humanitarian aid in the DPRK should be given greater freedom of movement and believes that easier access to the DPRK, e.g. for journalists and international observers, would increase the world's public awareness of the humanitarian crisis;

9.   Hopes that the European Union will also provide support for the development of non-nuclear energy in the Korean peninsula;

10.   Instructs its President to forward this resolution to the Council, the Commission, the President, government and parliament of the Republic of Korea and the President, government and parliament of the Democratic People's Republic of Korea..

(1) OJ C 177, 22.6.1999, p. 51.
(2) Texts Adopted, Item 15.


Integrating environmental issues with economic policy
European Parliament resolution on the Commission communication to the Council and the European Parliament on bringing our needs and responsibilities together - integrating environmental issues with economic policy (COM(2000) 576 - C5-0012/2001 - 2001/2004(COS) )
A5-0172/2001

The European Parliament,

-   having regard to the communication from the Commission (COM(2000) 576 - C5-0012/2001 ),

-   having regard to Articles 6, 174, 175 and 176 of the EC Treaty,

-   having regard to Decision No 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development, "Towards sustainability'(1) ,

-   having regard to the draft decision of the European Parliament and of the Council adopting the environmental action programme of the European Community for 2001 to 2010 (COM(2001) 31 - C5-0032/2001 ),

-   having regard to the reports of the European Environment Agency, “Europe's Environment: The Second Assessment” (1998) and “Environment in the European Union at the turn of the century” (1999),

-   having regard to its resolution of 11 October 1995 on the communication from the Commission on “Economic Growth and the Environment: Some Implications for Economic Policy Making” (COM(1994) 465 - C4-0217/1994 )(2) ,

-   having regard to its resolution of 11 October 1995 on directions for the EU on environmental indicators and green national accounting (COM(1994) 670 - C4-0009/1995 )(3) ;

-   having regard to its opinion of 9 October 1998 on the proposal for a Council Decision on the Community Statistical Programme 1998 to 2002 (COM(1997) - C4-0197/1998 - 1998/0012(CNS) )(4) ;

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

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Industry, External Trade, Research and Energy (A5-0172/2001 ),

A.   whereas Article 174(2) of the EC Treaty stipulates that Community policy on the environment should be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay,

B.   whereas by signing numerous international conventions (such as the Convention on Climate Change, the Biodiversity Convention, the Montreal Protocol, the Kyoto Protocol, Agenda 21 and others) the European Union has taken upon itself far-reaching obligations with regard to protecting and improving the environment,

C.   whereas the legitimate aspirations of poorer countries to more rapid economic growth and the further increase in stresses on the environment caused by the industrialised countries - despite the application of the most advanced technologies to spare the environment - are likely to give rise to even greater damage to the global environment than is already occurring now,

D.   whereas adequate environmental protection generally promotes economic development in the long term, but many policy-makers are guided by considerations of short-term impact, as a result of which they erroneously regard necessary items of expenditure as losses while taking virtually no account of the often irreversible erosion of the "natural capital" of our societies,

E.   whereas in some fields, like ambient air pollution or water pollution, environmental policy in the European Union has succeeded in achieving a substantial reduction in pressure on the environment without jeopardising economic development,

F.   whereas the policy of the European Union, particularly in the economic field, continues to take too little account of the importance of a sustainable environmental strategy and environmental aims are still insufficiently taken into account and pursued as a horizontal objective in all fields of policy,

G.   whereas in many Member States and the applicant countries environmental policy needs to be further developed; whereas in the candidate countries this needs to be done also in order to avoid long transitional periods in the adoption of the environmental acquis communautaire,

H.   whereas, partly with a view to sustainability, monitoring of the implementation and enforcement of environmental legislation needs to be systematically improved, both in the Member States and in the applicant countries,

I.   whereas European environmental policy could be rendered more effective if account were taken of the interests and position of developing countries and the state of the environment in those countries,

J.   whereas a range of measures will be required in order to attain a sustainable economy and whereas those measures must be adopted and implemented at the most effective administrative level (regional, national, European, world), in accordance with the subsidiarity principle,

K.   whereas, in the interests of justice, adverse effects on the social and interregional distribution of wealth must be avoided in applying market-based instruments,

L.   whereas a positive relationship exists between investment in environmental improvement measures and trends in the level of employment,

M.   whereas the Worldwide Fund for Nature has estimated that between 1970 and 1995 approximately one third of the Earth's natural resources was destroyed, while the number of fish in the sea similarly fell by one third,

N.   whereas one of the greatest challenges facing the present generation is to drastically reduce consumption of non-renewable commodities and minerals and emissions of greenhouse gases in order to bring ecologically sustainable economic development closer and to ensure that burdens do not continue to be left to future generations,

O.   whereas the Member States of the European Union - and other equally prosperous industrialised countries - are making unprecedented demands on the natural resources of creation and hence, in accordance with the concept of stewardship, bear an unmistakable joint and several responsibility for the conservation and restoration of nature and the environment,

1.   Welcomes the communication from the Commission, which will stimulate reflection and provides a basis for introducing market-based instruments which will compel producers and consumers to fundamentally rethink their approach to the consumption of scarce minerals, commodities and other environmental assets;

2.   Notes that, in its communication, the Commission devotes too little attention to (a) the one-sidedness of the generally accepted concept of growth and development which underlies present-day economic policy, (b) the disadvantages of the operation of markets, which make them an unsuitable instrument for use in all situations and (c) the rapidly growing interdependence of policy problems such as unemployment, poverty and energy and environmental problems;

3.   Considers that the Commission's assertion, that there is no inherent contradiction between economic growth and the maintenance of an acceptable level of environmental quality, could easily result in an underestimation of the urgency of the problem of integrating the environment and the economy, particularly since conclusions based on research indicate that, although faster economic growth will make more money available for conserving or improving the environment, this extra money - assuming that all of it is in fact used for the purpose - will be quite insufficient to compensate for the total adverse impact of economic growth on man and the environment;

4.   Advocates in this context a more differentiated approach: in the long term there may not be any conflict between the development of affluence and the development of the environment, but this implies that, in the short term, measures are urgently required to reconcile economic development with the needs of the environment and to obviate the need for far more radical measures to this end in future;

5.   Considers it necessary in this connection to perform a balanced assessment of the Union's economic policy in all fields to make it possible to describe its economy as sustainable from the ecological point of view as well as in other respects; considers it necessary to review the Union's existing subsidy systems in accordance with criteria of sustainability, to ensure that no subsidies are paid for operations which have an adverse impact on the environment;

6.   Considers it necessary also to regard economic policy from a global point of view; considers that through its commercial policy the Union should not make it harder for the Third World to render its markets more competitive or ecologically sustainable;

7.   Notes that one of the main causes of insufficient integration of the environment and the economy is that many scarce environmental assets, or the external impact (on the environment) of using goods and services, lack a realistic price tag, with the result that policy-makers, producers and consumers take too little account, or none at all, of significant consequences of their actions;

8.   Considers that the communication should be improved in a number of areas, especially if it is to serve as a guide for the accession countries. Generally speaking, the communication considers that cases of 'market failure' due to a mismatch between private and social costs must be remedied by market mechanisms amongst which it, strangely enough, counts taxes and charges, whilst considering permits to be 'regulatory' mechanisms.

9.   Considers, however, that the reasons for such 'market shortcomings' should be recalled:

   -
the impact on third parties and on the environment of transactions between private individuals;
   -
the intergenerational nature of the environmental impact of economic activities, which makes it impossible to conclude real contracts;
   -
the international impact of certain activities, which rules out civil or fiscal compensation;
   -
the rigidity and indivisibility of certain technical decisions which prevent the players concerned from adjusting in the short term to price signals;
   -
the subjective nature of damage suffered by third parties, etc.

10.   Endorses by and large the description of proposed measures and the introduction of more market-based instruments for integrating environmental concerns into economic policy, and looks forward to practical proposals, particularly from the Commission, for implementing these proposed measures;

11.   Stresses, however, that, in the interests of an equitable distribution of affluence, the conversion of publicly accessible means of subsistence into marketable goods should be performed in such a manner as to guarantee the necessary resources for survival for all;

12.   Stresses that the implementation of a meaningful and more ambitious environmental policy will not jeopardise economic development and does not entail additional costs to society but redistributes prevailing costs in such a way that the polluter has to shoulder them;

13.   Notes that an EU-wide system of tradable emission permits seems conducive to a relatively rapid reduction in environmentally damaging emissions;

14.   Considers that the Commission ought to adopt a far more critical stance on the negative environmental effects of subsidies - especially in the field of energy and agricultural policies - and on environmental subsidies which should be continually assessed to check that they are efficient and if necessary modified or replaced with other instruments;

15.   Deplores the lack of concrete EU measures to integrate environmental issues with economic policy since the previous resolutions of 11 October 1995; regrets especially that Commission proposals in the last ten years on energy taxation(5) and CO2 taxation(6) have failed due to the opposition of a few Member States and that the Heads of State did not agree to introduce qualified majority voting for environmental taxation at Nice in December 2000; urges the Commission to submit new proposals to break the deadlock, taking into consideration the use of enhanced cooperation;

16.   Considers that the Commission should consider subsidising environmentally sound technology and production for an initial period in order to improve market prospects; considers furthermore that the Commission should review ways in which its own economic policy currently prevents new technology and new products from gaining a foothold in the market;

17.   Believes that integration of environment and economic policy should be expressly supported by efforts under the sixth research framework programme with a view, for example, to devising environmental standards, new production techniques, measures to increase energy efficiency, and assessment benchmarks and indicators to implement the above strategies;

18.   Considers that investment in research into both technology and products which are more environmentally sound is an important element in promoting sustainable development;

19.   Notes however, in this connection, that the efficiency of investment in the development of environmentally sound technology can only be determined in the long term but that such investment must be assigned high priority;

20.   Calls on enterprises to take full account of their responsibility to society for the state of the environment, to take serious steps to act on this responsibility, and, inter alia by means of their annual reports, to provide readily accessible information on the subject;

21.   Hopes that this communication will influence the priorities of the applicant countries and help to cultivate awareness among policy-makers, producers and consumers there so that they take account of the importance of long-term protection and improvement of the environment in economic policy by means of the appropriate institutions, and those which suit them best, from the outset;

22.   Considers that, in view of the large number of new businesses and new branches of existing businesses being established, the applicant countries have an opportunity to incorporate environmental measures into their economic policies at a fairly early stage, as a result of which the relatively greater economic and social return on environmental investment in those countries can be put to better use;

23.   Calls on the Commission, with a view to the desired worldwide cooperation on the environment, to review the possible impact of the implementation of this communication on developing countries in order to eliminate justified grounds for the accusation of "green protectionism" and possibly serious adverse consequences of distortion of competition;

24.   Considers that the concept of sustainable development should be present in all fields of EU policy; notes that this will entail major changes in many existing sectors;

25.   Calls on the Council Presidency and the Commission, before international conferences and meetings of international organisations where environmental aspects are to be debated, to consult Parliament about the contribution to be made by the EU and, subsequently, to report to Parliament on the results thereof;

26.   Welcomes the fact that, with regard to the indicators for the integration of economic and environmental policy, the Commission intends to seek a link with the structural indicators called for by the Lisbon European Council, but considers nonetheless that a far more systematic approach (using environmental accounting linked to National Accounts) is required;

27.   Considers that not every facet of environmental and economic policy can appropriately be expressed in the form of indicators (by collecting quantitative data) and that in such cases priority should be given to qualitative studies, for example in the case of environmentally damaging policy, taxation and subsidy measures; considers that, at the same time, it is desirable to estimate the environmental damage arising from such measures with the aid of a model based on the abovementioned environmental accounts;

28.   Considers it necessary to define at EU level a desirable minimum level for environmental indicators and minimum requirements for systematic incorporation, with the aid of environmental accounts, in national statistical systems, since different approaches are being applied in different Member States and different levels of environmental indicators and accounts have been attained;

29.   Stresses that environmental taxes and levies can only be worthwhile and effective if they are emission-related, fiscally neutral for members of the public and levied on a uniform basis throughout the EU;

30.   Believes that environmental criteria should be integrated into economic activity, for instance when drawing up ecological balance sheets and analysing cost-effectiveness;

31.   Calls, when the broad economic policy guidelines are drawn up, for an objective assessment of the efficiency of environmental measures, not least in the light of the Community strategy for sustainable development, and on consequences for employment; calls for binding indicators to be laid down;

32.   Draws attention to the major importance of cultivating public awareness, which can be done by means of education, training and public information measures and by ensuring that public decision-making processes are open, by providing information and by giving the public good opportunities for participation in decisions on specific economic activities which have a major impact on the environment;

33.   Considers that the communication also suffers from one important omission: the definition of sustainable development which, ever since the Brundtland report of 1987 on environment and development has been defined as "any development that meets the needs of the present, starting with those of the poorest without compromising the ability of future generations to meet their own needs". The communication omits to mention the condition relating to social environmental equity;

34.   Urges the parliaments and governments of the Member States to shoulder their responsibility and implement existing European environmental directives as effectively as possible and, within the foreseeable future, take the most necessary measures to promote the ecological compatibility of economic development in a gradual but significantly perceptible manner;

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

(1) OJ L 275, 10.10.1998, p. 1.
(2) OJ C 287, 30.10.1995, p. 118.
(3) OJ C 287, 30.10.1995, p. 115.
(4) OJ C 328, 26.10.1998, p. 224.
(5) Proposal for a Council Directive introducing a tax on carbon dioxide emissions and energy (COM(1992) 226 ), OJ C 196, 3.8.1992, p. 1.
(6) Proposal for a Council Directive restructuring the Community framework for the taxation of energy products (COM(1997) 30 ), OJ C 139, 6.5.1997, p. 14.


Environment policy and sustainable development
European Parliament resolution on environment policy and sustainable development: preparing for the Gothenburg European Council (2000/2322(INI))
A5-0171/2001

The European Parliament,

-   having regard to the Fifth Environment Action Programme(1) of policy and action to the environment and sustainable development (1992-1999) 'Towards sustainability',

-   having regard to the progress report from the Commission on the implementation of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability' (COM(1995) 624 ),

-   having regard to its resolution of 20 October 1998 on the communication from the Commission to the Council and the European Parliament on a European Community biodiversity strategy (COM(1998) 42 )(2) ,

-   having regard to the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions entitled 'Directions towards sustainable agriculture' (COM (1999) 22 )(3) and the communication from the Commission to the Council and the European Parliament entitled 'Indicators for the integration of environmental concerns into the common agricultural policy' (COM (2000) 20 ),

-   having regard to Council Directive 75/442/EEC of 15 July 1975 on waste(4) ,

-   having regard to the EU water framework directive (Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy)(5) ,

-   having regard to Agenda 2000 on agriculture and basic environmental protection requirements, where Member States are required to take appropriate environmental measures in view of the agricultural land used or the production concerned,

-   having regard to Agenda 2000 on the Structural Funds, where environmental protection and improvement are now included among the objectives of the Structural Funds and regional development strategies, designed by Member States, must contribute to both the further building up of environmental considerations into priority sectors such as transport, energy agriculture, industry and tourism,

-   having regard to the forthcoming Decision of the European Parliament and the Council on a Community framework for cooperation to promote sustainable urban development (1999/0233(COD) ,

-   having regard to the White Paper on a strategy for a future chemicals policy (COM (2001) 88 ),

-   having regard to the Green Paper on integrated product policy (COM (2001) 68 ),

-   having regard to the communication from the Commission to the Council and the European Parliament - Ten years after Rio: preparing for the World Summit on Sustainable Development in 2002 (COM (2001) 53 ),

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

-   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Employment and Social Affairs (A5-0171/2001 ),

A.   whereas the Amsterdam Treaty of 1997 regards 'environmental integration' as a key principle as enshrined in Article 6 of the EC Treaty, which specifically requires that 'environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development'; whereas the Amsterdam Treaty of 1997 reflects all three dimensions of sustainability in Article 2 of the EC Treaty which defines the paramount objectives of the Union,

B.   whereas the Cardiff European Council (June 1998) called upon all formations of the Council to establish their own strategies for achieving environmental integration and sustainable development within their respective policy areas,

C.   whereas the Helsinki European Council (December 1999) brought forth a process aimed at defining global strategies in favour of environmental integration and sustainable development and the Commission was invited to present a long-term strategy including economic, social and environmental aspects for the Gothenburg Council in June 2001,

D.   whereas the Lisbon Strategy will have to ensure environmental mainstreaming by integrating the environmental dimension in the policies involved,

E.   whereas the Commission has drawn up a consultation paper on sustainable development,

F.   whereas at the Earth Summit in 1992, governments agreed that the main challenge for industrialised countries is to change their unsustainable patterns of production and consumption,

G.   whereas, ten years after the Rio Summit, we have not succeeded in halting the unsustainable trends, of which climate change is one of the most pronounced,

H.   whereas in certain areas EU policies do not contribute sufficiently to the practical introduction of sustainable development, and the conditions for granting European subsidies must take more account of this dimension,

I.   whereas sustainable development is a matter of solidarity between generations,

J.   whereas poverty and environmental degradation frequently go hand in hand, so that sustainable development is a matter of solidarity between developed and developing countries,

K.   whereas the Commission has not taken account of the global aspect in its consultation paper,

L.   whereas we need a different form of growth, based on responsible and efficient use of natural resources, on respect for the environment, on modes of production that comply with the imperative requirements of public health and consumer safety and protection, and the 'polluter pays' and precautionary principles must be the fundamental guidelines,

M.   whereas the precautionary principle must be affirmed as the principle governing public policies in incomplete information,

N.   whereas sustainable development stimulates the creation of new jobs, e.g. in research and development in the energy sector aimed at developing more efficient technologies,

O.   whereas lifelong learning is necessary to give people the chance to adapt to changes in the labour market,

P.   whereas specific targets, tools, monitoring systems and follow-up are needed if sustainable development is to be achieved; whereas the Helsinki European Council has specifically asked for a regular monitoring, evaluation and follow-up mechanism,

Q.   whereas the Commission has taken the economic dimension as the point of departure for its consultation paper,

R.   whereas the Commission has chosen to address the strategy at Presidential level,

S.   whereas the Commission has chosen to focus on six topics, namely:

   -
public health
   -
climate change and clean energy
   -
management of natural resources
   -
poverty and social exclusion
   -
demography and ageing
   -
mobility, land use and territorial development,

T.   whereas the Cardiff process, whereby environmental aspects are integrated into other policy areas, is a fundamental part of the sustainable development strategy, and the strategy must at the same time be the driving force behind further integration,

U.   whereas the strategy should set out medium- and long-term targets,

V.   whereas the aim is not to create new processes but to coordinate existing processes with the aim of developing a coherent policy,

W.   whereas the Union's sustainable development strategy must be compatible with the Lisbon strategy as far as the social and economic dimension is concerned,

1.   Welcomes the Commission's consultation paper for the preparation of a European Union strategy for sustainable development but regrets that due to lack of time the European Parliament is left out of its discussion and will have no possibility to comment on the specific proposals of the Sustainable Development Strategy, in time for the Gothenburg European Council;

2.   Welcomes the fact that the Commission has addressed sustainable development at the Presidential level, as the sustainable development strategy is entirely dependent on the importance which the political leadership attaches to it;

3.   Considers that the strategy must be the result of an open process involving the citizens of Europe and that it is especially important that the strategy makes it clear what the benefits are for ordinary citizens and different stakeholders;

4.   Furthermore, considers that, in order to enable citizens to be adequately informed and involved in this and other policy processing, the Aarhus convention on access to information, public participation and access to justice in environmental matters, should be fully implemented;

5.   Asks the Commission to heighten the awareness of European consumers and the public as to the ecological and social impacts of their consumption patterns;

6.   Stresses that the environmental dimension must be the point of departure for any sustainable development strategy and that the Sixth Environmental Action Programme forms the basis;

7.   Considers that global responsibility must be a key feature of the strategy, which must make an important contribution to the Rio +10 Summit to be held in Johannesburg in 2002; underlines the importance of a thorough public debate on the global dimension of sustainable development, involving the civil society but also national parliaments and the European Parliament to prepare the EU contribution at the Rio+10 conference; considers therefore that the Commission should present its Communication on “How the Union should contribute to sustainable global development” by the end of 2001;

8.   Notes that it is essential for a global strategy of sustainability that the social and economic problems of the developing countries should also be addressed; notes that it is just as important in this connection to combat poverty and secure access to education and medical care for all people as to launch programmes to reduce or cancel debts;

9.   Calls for specific targets to be set for reversing unsustainable trends and for such targets to be measurable; takes the view that the targets must be consistent with the provisions of the Sixth Environmental Action Programme, in particular those concerning climate change and ozone, to which the Union has already committed itself; considers that the strategy should extend over a generation, e.g. a 25-year period, and that five-yearly reviews could provide the opportunity for detailed analyses;

10.   Welcomes the work on developing indicators for meaningful progress towards integration by the Commission and relevant institutions such as the EEA and Eurostat; considers that indicators and targets must be used for the follow-up and review of the sustainable development agenda established in Gothenburg; takes the view that the ecological footprint should become a useful indicator for the SDS;

11.   Calls for equal rights for the environment in institutional terms, with the Council of Ministers of the Environment setting up a committee on an equal footing with the Council of Ministers of Economic and Financial Affairs and the Council of Ministers of Employment and Social Affairs to concentrate on preparations for the spring Council meetings and for a decision to set up that committee to be taken in Gothenburg;

12.   Takes the view that the European Council should set up a 'Sustainability Council' which should meet every spring to revise short-term priorities and sustainability indicators; considers that the requirements for the implementation of this 'enhanced' Lisbon strategy should be integrated in the EU enlargement strategy and that the sustainability indicators should be used by the Commission for its regular reports on the candidate countries;

13.   Takes the view that an independent 'Sustainability Council' also should be established to fulfil the Helsinki European Council mandate of monitoring, evaluation and follow-up on the basis of political priorities and sustainability indicators; this consultation body should reflect the different stakeholder interests in the European Union and the accession countries and report regularly to Council and Parliament;

14.   Notes that the Cardiff process has been instrumental in supporting new environmental integration in the CEC, Member States as well as the Council;

15.   Notes that the Cardiff process should continue as a separate key vehicle to deliver Article 6 of the EC Treaty and that the sustainable development strategy must provide momentum for the continuing work;

16.   Calls on the Council to develop a standard set of guidelines for the proper evaluation, follow-up and monitoring of the Cardiff process and the sustainable development process;

17.   Notes that the current Cardiff process lacks a vision and urges that capacity be developed within the European institutions to coordinate the creation of a vision to support the Cardiff process;

18.   Calls for the broad economic policy guidelines to fully incorporate the objectives of environmental integration, making use of a reliable set of indicators that is yet to be developed; considers that the multilateral surveillance process, including the annual structural and economic report, should involve an assessment of the efficiency of economic instruments in achieving their environmental objectives;

19.   Notes that the basis for improving the Lisbon structural indicators, reflecting the economic, social and ecological dimensions of sustainability, is given by the indicators of the European Environmental Agency, The European Foundation for the Improvement of Living and Working Conditions, Eurostat and the European Central Bank. Their monitoring should be integrated for the regular synthesis reporting to the spring European Councils and be the basis for regular reports on the candidate countries;

20.   Calls on the Commission and the European Council to define and outline - in the context of the EU Sustainable Development strategy - the most urgent needs for reform of existing EU policies and set up a time frame and general aims for these reforms (e.g. CAP, Common Fisheries Policies, Structural Funds) during the Gothenburg European Council;

21.   Urges the Commission and the European Council to agree on some concrete first steps which can be easily and immediately put into practice - such as sustainability criteria for for public procurement - to illustrate the vision of the Sustainable Development Strategy to the general public and to make the EU contribution at the Rio+10 conference more credible;

22.   Calls for the greening of the economy, by environmental tax reform, the removal of subsidies to environmentally harmful activities, introduction of financial incentives for environmentally friendly activities, by using public procurement explicitly for environmental and social purposes, by the introduction of environmental liability and producers responsibility;demands specifically for EU public procurement rules environmental and social criteria, which should be properly audited;

23.   Calls on the Commission to further develop the Union's environmental management and audit schemes;

24.   Notes that active participation of science and industry is essential for the long-term preservation of intact ecosystems;

25.   Takes the view that only products and processes permitted within the Union should be permitted for export;

26.   Considers that the EU should continue to work for greater legal clarity on the relationship between WTO rules and trade measures taken pursuant to Multilateral Environmental Agreements. The two legal systems must play a mutually supportive role in favour of sustainable development and the trade system must be able to support the global environmental cooperation. In accordance with the Council Resolution, adopted on the 4 December 2000, the EU should also work for the recognition of the Precautionary Principle in the WTO and make sure that it is applied in a predictable, transparent, non-discriminatory way, based on objective and scientific criteria;

27.   Stresses that a strategy for sustainable development must clearly affirm that it sets itself the task of reforming the World Trade Organisation so as to subordinate its activities to the objectives of sustainable development and international commitments to protect the environment;

28.   Asks the Commission to promote corporate social responsibility in European companies and to set up a framework to green domestic and overseas investments by EU companies and financial institutions;

29.   Establishes that sustainable development encompasses environmental, social and economic dimensions; stresses that there is no contradiction but a genuine complementarity between the objectives of creating jobs, economic development and sustainable development strategies; considers that such development can play an important role in creating new models and methods of production; reiterates that the local economy has a vital role to play in reducing transport requirements, maintaining social cohesion, reducing imports and assisting in the development of more flexible working patterns and therefore urges the Council and the Commission to maintain the value of the budget line for local employment initiatives;

30.   Underlines the significance of measures to promote and encourage quality of life including the development of more and better jobs; stresses in this context the importance of the Social Agenda as an element in a Sustainable Development Strategy; emphasizes that a resource efficient sustainable economy also means enabling people to work efficiently through effective consultation and participation in the work-place, reduced working hours and good quality work in safe working conditions supported by an effective system of social security; calls for rapid progress to be made on the initial steps taken in this direction at the Stockholm Summit;

31.   Requires that the environmental dimension be considered in all training programmes funded by the EU through the ESF and Community initiatives such as EQUAL ; requests that in the indicators used to arrive at qualitative assessments of educational attainment in the EU, the role of education in environmental factors should be included as this provides the basis for an environmentally aware society;

32.   Considers that specific vocational qualifications corresponding to new and updated job profiles should be developed and that assistance should be given in adapting existing ones; considers that a wide range of training programmes for new skills, such as organic farming and urban maintenance, should be developed;

33.   Stresses the need for a comprehensive and coordinated approach to poverty and social exclusion; maintains that social inclusion is an essential element of sustainable development and that a minimum income and the ability to have access to essential services of general interest are key elements in such development; therefore requires that these factors are taken into consideration in any further liberalisation of services of general interest;

34.   Calls on the Commission to review the Common Agricultural Policy in 2002 with the aim of bringing about consumer-centred sustainable farming that produces safe food and remotivates the agricultural community which has a fundamental role to play both from a food point of view and from the point of view of rural development;

35.   Takes the view that environmental concerns, species conservation and the prevention of overfishing must be included amongst the goals of the common fisheries policy and that this could be done when the policy is reviewed in 2002; considers that a coherent policy is also needed to prevent pollution of the sea;

36.   Notes the need for the coordination of environment and energy policy and takes the view that, in the long term, energy policy must be drawn up at Community level;

37.   Considers it essential that the topic of 'Sustainable Food Supply' should be added to the six fundamental topics of the European strategy for sustainable development proposed by the Commission;

38.   Calls on the Commission to complete the European climate change programme as soon as possible and implement emissions trading for the Union;

39.   Notes that non-renewable raw materials are being plundered and that without an economical use of these resources global environmental problems will soon be insoluble; takes the view that renewable energy sources should therefore be encouraged, with a view to meeting a target of 12% of energy from renewable sources by 2010 and 50% by 2040;

40.   Calls upon the Commission to come with proposals for programmes and regulation which aim to increase the resource and energy efficiency of production and consumption by a factor of 4 by 2010 and by a factor 10 by 2025;

41.   Considers that the aim should be to replace, within ten years, the motor vehicles currently on the roads with motor vehicles that all conform at least to the environmental standard which the best vehicles now meet and to stimulate competition amongst vehicle manufacturers and energy companies in the switch from fossil fuels to renewable fuels in new motor vehicles;

42.   Considers that the aim should be to realise stabilisation of total distances in terms of mileage of motorised transport, while realising a transition to an access oriented approach with optimised land-use planning, application of clean and intelligent technologies and support for regionally and locally oriented production and consumption patters where applicable;

43.   Calls for a change in transport policy to reduce long-distance transports on road along with an increase in investments in public transports and rail systems;

44.   Takes the view that a new single system based on the precautionary and substitution principles should be developed for the testing, evaluation and risk management of new and existing chemicals substances, and that they should be tested by 2012; considers that a separate strategy for pesticides is also necessary and that the goal must be to eliminate gradually the use of chemicals (e.g. those which are persistent, bioaccumulative or toxic) on their own or in other products, so that the environment can be rid of these substances as far as possible by 2020;

45.   Takes the view that safeguarding biological diversity must be an objective as regards all forms of land use;

46.   Calls on the Commission to involve non-governmental organisations more closely in developing sustainability strategies and therefore to consult them comprehensively;

47.   Takes the view that the Gothenburg European Council should establish an agenda for sustainable development; considers that the challenge is to integrate and coordinate processes, so that they all aim in the same direction, not to create new ones; considers that, in order to have a real impact, the strategy must be made concrete and the European Council should continue to lead the ensuing process;

48.   Calls on the Gothenburg European Council to identify a Summit during the Danish Presidency in 2002 to follow up the Cardiff integration process;

49.   Requests that adequate budgetary means be made avaliable for actions implementing the future sustainable development strategy and the Cardiff environmental integration process;

50.   Calls for the introduction of a binding environmental impact assessment for all decisions and legislative proposals by the European Commission and publication of the results;

51.   Will regularly monitor the progress in the implementation of sustainability in EU policies, i.e. involving each parliamentary committee in a yearly sustainability assessment exercise on the policies on which it is competent for;

52.   Instructs its President to review Parliament's own methods of working with a view to devising working practices which promote sustainable development;

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

(1) OJ C 138, 17.5.1993, p. 1.
(2) OJ C 341, 9.11.1998, p. 41.
(3) OJ C 173, 19.6.1999, p. 2.
(4) OJ L 194, 25.7.1975, p. 39.
(5) OJ L 327, 22.12.2000, p. 1.


Commission: EURES activity report 1998-1999:"Towards an integrated European labour market: the contribution of EURES”
European Parliament resolution on the Commission's EURES activity report 1998-1999 entitled "Towards an integrated European labour market: the contribution of EURES" (COM(2000) 607 - C5-0104/2001 - 2001/2053(COS) )
A5-0169/2001

The European Parliament,

-   having regard to the Commission report (COM(2000) 607 - C5-0104/2001 ),

-   having regard to the Memorandum of Understanding adopted by the directors of the EEA public employment services on the development of EURES services,

-   having regard to the Commission communication setting out "An action plan for free movement of workers" (COM(1997) 586 ),

-   having regard to the Commission communication to the Council entitled "New European Labour Markets, Open to All, with Access for All" (COM(2001) 116 ),

-   having regard to Presidency conclusions 12 to 15, which were adopted at the Stockholm European Council of 23-24 March 2001,

-   having regard to Articles 39 and 40 of the EC Treaty,

-   having regard to Article 251 of the EC Treaty,

-   having regard to Article 299(2) of the EC Treaty,

-   having regard to its resolution of 13 April 2000 on the communication from the Commission to the European Parliament and the Council: The Strategy for Europe's Internal Market(1) ,

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

-   having regard to the report of the Committee on Employment and Social Affairs (A5-0169/2001 ),

A.   whereas the Commission's report on EURES in 1998 and 1999 amounts more to pure description than critical review in the proper sense and whereas future reports would be greatly improved if:

   -
they set out an exhaustive factual basis for the conclusions as a whole and the main assessments,
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they gave comprehensible reasons for the changes in the priorities that had been or were to be pursued,
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contained more statistical and other qualitative information of use for the purposes of analysing and identifying the features of both the position regarding EURES as such and the labour mobility situation in the EEA,
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adopted a standard form of presentation and analysis when discussing the EURES budget, thus making it possible to ascertain whether and how far implementation of the budget had duly accorded with the scale of priorities laid down,

B.   having regard to the role which, in line with the decisions taken at the Lisbon European Council (March 2000) - and underpinned by the plan submitted to and approved by the Stockholm European Council (March 2001) - to remove the obstacles to labour mobility in the EU by 2005, the EURES network must play as part of the European employment strategy and to its potentially great usefulness as a means of promoting mobility on the European labour market, training of workers, and local development,

C.   whereas a high level of mobility on the labour market is not an end in itself and whereas Community policies in this area and also EURES cooperation must be strictly and rigorously based on the principle of voluntary mobility;

D.   renewing its proposal that the EURES network should be expanded to become a Europe-wide employment service,

E.   whereas the smooth functioning of the EURES network depends to a large extent on the operational efficiency and the flexibility of the Member States' public employment services,

F.   whereas EURES activities are proving particularly successful in border regions where EURES-T partners, via their dedicated Euroadvisers, respond directly both to enquiries from cross-border workers regarding living and working conditions and opportunities and to requests from employers;

G.   whereas the EURES-T partners play an active role in devising joint strategies designed to create local jobs and in strengthening the dialogue between employers and their staff by directly involving representatives of the social partners,

H.   whereas, however, despite this success as regards cross-border mobility, there are still border regions in the EU that are not covered by any form of EURES-T partnership arrangement,

I.   having regard to the outcome of EURES placement activity (in 1999 EURES enabled 44 460 job seekers to find work in a partner country other than their own),

J.   whereas the numbers of vacancies in the EURES database, whether broken down by country or sector, do not reflect the size of the corresponding labour markets,

K.   whereas the Commission report reveals very marked and worrying disparities in the contributions of the different Member States to the EURES facility, for some countries are manifestly underrepresented (which makes it obvious that certain Member States have a greater interest in EURES than others), and also shows that employers' organisations are hardly involved at all,

L.   whereas in reality, the public seem to have very little knowledge of the EURES network as such, a point which may apply more to some Member States than to others, or of the services that EURES can provide directly to ordinary citizens,

M.   renewing its call to investigate and remove all obstacles related to social security systems, salary deductions, education, training and the recognition of skills, diplomas and qualifications that have the effect of restricting mobility from one Member State to another,

N.   whereas the special strategic importance of online access to EURES via the Internet is clearly underlined by the fact that this form of contact, which was increasingly used in 1998 and 1999, helps to create a direct service to citizens that should be supported and genuinely opened up to all,

O.   whereas new Member States will soon be joining the EU, posing new challenges to labour mobility within Europe, both at transnational and - especially - at cross-border level; whereas EURES too must be prepared in advance to meet those challenges,

P.   whereas the agreement between the EU and Switzerland concerning the free movement of persons (Article 11 of Annex I) provides for cooperation within the EURES framework and whereas such cooperation must be implemented,

Q.   whereas the Commission has announced that it will be drawing up a new legal basis for EURES, due to be adopted in 2002,

1.   Points to the important role of the EURES network as an instrument within the European employment strategy as a means of implementing that strategy; calls on the Commission to incorporate EURES and the EURES-T partners systematically and in a consistent, coordinated fashion into the European employment strategy and into the various implementation levels thereof (national plans, regional agreements and future local agreements); considers, therefore, that the legal basis should also be extended to the relevant provisions of the Treaty;

2.   Maintains that future reports would be improved if they contained more statistical and other qualitative information needed in order to analyse and diagnose problems on the one hand and provide critical assessment and explanation on the other, for instance, as regards:

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the labour mobility situation at transnational and cross-border level, under and outside the EURES system;
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the evenness of the balance of representation among the Member States and the extent to which the EURES facility is geared to production sectors;
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the permanence and the basic characteristics of the contracts for the jobs made accessible by means of the EURES network;
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assessment of the impact of EURES on the European employment strategy, in particular at local level thanks to the EURES-T parternships;

3.   Recommends to the Commission that future reports include a summary list of the main obstacles to cross-border and transnational mobility to have emerged in the light of experience with EURES, particularly on the basis of the direct experience acquired by Euroadvisers, and assess the trends likely to affect them;

4.   Calls on the Commission to consider whether EURES might be made more widely accessible where both job requests and job offers are concerned;

5.   Calls on European employment services and members of the EURES network to expand their activities with a view to providing their services throughout the EU and calls, therefore, on all the public employment services belonging to the network to arrange for vacancies and, later, the curricula vitae of job seekers to be input directly to the EURES database;

6.   Calls on the Commission to ensure that the jobs database is more commensurate with the size of the labour markets in the respective member countries;

7.   Calls on the Commission to consider whether it might take steps to improve the performance of EURES in general and EURES-T in particular in some areas, for instance as regards links with other Community programmes, correction of national imbalances, and the degree of involvement of employers' organisations, in order to provide the basis for a review at the end of the 2000/01 and 2002/03 periods;

8.   Points out that, given the success achieved at cross-border level, the Commission should endeavour to ensure that all border areas are fully covered by EURES-T partnerships;

9.   Considers that the contribution made by the EURES-T steering committees to the monitoring of the activities undertaken in their area under the INTERREG programme must be increased and that the local authorities in border regions should involve themselves in EURES-T initiatives;

10.   Calls for adequate continuity in the provision of services by the EURES advisers and therefore supports the Commission's ideas that multi-annual funding should be provided for EURES projects;

11.   Intends to organise a hearing with the EURES advisers in order to gain a clearer idea of the bottlenecks in the organisation of the EURES system and the problems in border regions;

12.   Stresses the importance, in the creation of European employment markets, of establishing cross-border platforms for social dialogue in border areas;

13.   Welcomes the first moves towards decentralisation in the management of EURES-T as regards the steering committees of the respective partners; considers that decentralisation should be completed in the above area and adopted as a guiding principle for the EURES network as a whole;

14.   Urges the Member States to strive for rapid improvements in the relationships between their respective public employment services and with regard to the tasks and objectives of the EURES network, in accordance with the November 1998 protocol agreement between the EEA's of public employment services with a view to development of the EURES network;

15.   Urges the Commission and the PES (public employment services) to recognise the importance of the European employment market and of the EURES network and to make a substantial joint effort to publicise the EURES service and to devise and implement permanent information systems aimed at the public relating to the EURES facility; in particular within youth organisations and universities, since mobility amongst young people at the start of their career is desirable and should receive special attention; calls on the Commission and the PES to agree on and develop, in association with the media and other private bodies active in the field of employment supply and demand, permanent arrangements for establishing links and coordination in connection with the EURES network objectives;

16.   Calls on the Member States to set up, within their respective PES, small EURES network operational units to which an appropriate number of Euroadvisers would be permanently and exclusively assigned, thereby ensuring that the EURES network and the relation between the PES achieve professional standards; notes that a similar procedure, suitably adapted, could also bring benefits if employers' and trade-union organisations decided to adopt it as Euro-advisers belonging to the respective framework;

17.   Welcomes the advances in the use of the EURES web site and the plans to improve the related database; urges the Commission to coordinate its development with the e-Europe action plan and to treat this new aspect of EURES as a priority, aiming determinedly but pragmatically at:

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multilingual content in all the EU's official languages,
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easy consultation and searching for any non-expert user (user-friendliness),
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accurate and prompt updating;

18.   Calls on the Commission to study the language problems that might hamper job seekers and, should the need arise, to propose measures to remedy that obstacle; believes that the database must be made more widely accessible on the Internet and therefore calls on the Commission to consider whether it might devise standard models for job requests and offers and a basic curriculum vitae, in forms suitable for multilingual machine translation, without restricting a user's option of adding other information in his or her national language; calls on the Commission to ensure that there is effective internal coordination between the DGs involved;

19.   Considers that the budget allocation for EURES should be increased, not least in preparation for EU enlargement;

20.   Believes that the priorities to be covered in the budget, in addition to strengthening and developing the EURES-T partnerships, are promotion and publication of EURES and expansion of the computer systems (Internet and Intranet); supports the Commission's approach aimed at simplifying the budget procedures employed for the EURES network and placing them on a multi-annual footing;

21.   Calls for more attention to be devoted to making EURES known in the Member States;

22.   Calls on the Commission to devote particular attention, within EURES, to the problems of the outermost regions and for future reports to set out special measures to be taken to tackle their specific situation;

23.   Urges the Commission to focus in the next report on the matter of enlargement by setting out a forecast of its impact on EURES, planning for expansion of the EURES-T partnerships, and a list of measures to be adopted; believes that necessary preparatory measures will need to start in 2002, namely:

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regular dialogue with PES, trade unions, and employers' organisations in the applicant countries to familiarise them with EURES in advance;
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forward feasibility study on new cross-border partnerships and, for the purposes of preliminary training, the promotion of direct exchanges of experience between the future staff of those new partnerships and those of the most successful current EURES-T partnerships;
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training of Euroadvisers in the new Member States and of special 'Eastern Europe' Euroadvisers in all EU countries;
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measures relating to computerised systems, to enable the databases to be linked together quickly;
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drawing up of a training atlas to enable job specifications to be harmonised and to provide information regarding each Member State's rules on the recognition of qualifications;
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promoting exchanges of best practices;

24.   Welcomes the 23-24 March 2001 Stockholm European Council conclusions on the mobility of workers, with particular regard to the creation of a single information website on mobility in Europe which will offer employment services a European database containing vacancies, CVs and education and training opportunities; calls on the Commission to coordinate EURES with this website and to ensure that there is effective internal coordination between the DGs involved;

25.   Recommends to the Council that one of the specific tasks to be accomplished by the high-level task force on skills and mobility which was approved at the Stockholm European Council in accordance with a Commission proposal should be to submit suggestions and proposals for improving the EURES network by December 2001; notes that this methodology will help to ensure that the expected conclusions of the summit to be held in the spring of 2002 include a consistent reform of EURES and is also essential if this contribution is to be taken into account in the reform of the EURES legal basis which is scheduled for 2002;

26.   Considers that the high-level task force on skills and mobility which has been set up within the Commission could gather much information in border regions concerning both obstacles to the emergence of a European employment market and good practical examples, in order to help promote this cross-border employment market; calls for the EURES network to be involved in such activities and for the experience gained therefrom to be incorporated into the new EURES programme;

27.   Considers it essential for the European Parliament to be involved in the reform of the EURES legal basis; takes the view that such a reform must follow the co-decision procedure pursuant to Article 40(a) and (d) and Article 251 of the EC Treaty; considers that, without pre-empting the debate which should be held at the appropriate time, modernisation of the EURES legal basis should in particular:

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lead to the incorporation of the EURES network into the European employment strategy;
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recognise the social partners as full partners in EURES-T;
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clarify and better define the role of Euroadvisers in public employment services, in trade unions and in employers" organisations;
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restructure the respective financing bases.

28.   Draws the Commission's attention to the forthcoming report on the implementation of the agreement between the EU and Switzerland on the free movement of persons, with particular reference to the implementation of Article 11 of Annex I; considers that preparatory measures should be adopted immediately in order to ensure that EURES-T partnerships are established in good time within the border regions concerned;

29.   Instructs its President to forward this resolution to the Council and Commission, the parliaments of the Member States, the other EEA countries which are members of the EURES network, the applicant countries and Switzerland.

(1) OJ C 40, 7.2.2001, p. 465.

Last updated: 19 May 2004Legal notice