title: Minutes of the sitting of Friday 15 Mai 1998

text: 1. 6. 98 EN Official Journal of the European Communities C 167/287 MINUTES OF THE SITTING OF FRIDAY 15 MAY 1998 Friday 15 May 1998 (98/C 167/05) PART I Proceedings of the sitting IN THE CHAIR: Mr David W. MARTIN (b) from the Commission, opinions: Vice-President (The sitting opened at 9 a. m. ) 1. Approval of Minutes Mr Pasty had informed the Chair that he had intended to vote for in the final vote on the Perry report on a (cid:145)Europe of Knowledge(cid:146) (A4-0166/98, Minutes of 13. 5. 1998, Part I, Item 21). The following spoke: › Mr Pex, who referred to the fact that the vote on his report on information policy (A4-0115/98) had been postponed from voting time at 12 noon to the voting time at 6 p. m. (Part I, Item 24), criticized the fact that the voting time at noon finished at different times and called for the Bureau to set fixed times for votes (the President replied that this was already the case but that, depending on how long votes took, certain items could be postponed); › Mrs Fontaine, who had chaired voting time at 12 noon, to point out that there was provision in Thursday(cid:146)s agenda for continuation of the morning(cid:146)s votes at 6 p. m. or after the votes on topical and urgent subjects. The Minutes of the previous sitting were approved. Mrs Oomen-Ruijten asked the House to join her in wishing Mrs Schleicher a happy birthday. 2. Documents received The President had received: › Opinion pursuant to the Article 189b(2) of the EC Treaty on the European Parliament(cid:146)s second reading of the Council(cid:146)s common position for a European Parliament and Council Directive concerning common rules for the internal market in natural gas (COM(98)0299 › C4-0264/98 › 00/0385(COD)) referred to responsible: RTDE opinion: ECON legal basis: Art. 057(2), 066, 100a EC › Opinion on the European Parliament(cid:146)s amendments to the Council(cid:146)s common position regarding the proposal for a European Parliament and Council Directive concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (COM(98)0241 › C4-0267/98 › 96/ 0163(COD)) referred to responsible: ENVI legal basis: Art. 100a EC (c) from Members, an oral question (Rule 40) › Dupuis and Dell(cid:146)Alba, on behalf of the ARE Group, on the information society (B4-0473/98). (d) from the European Ombudsman › Annual Report 1997 (ME00010 › C4-0270/98) referred to responsible: PETI (a) from the Council, opinions on proposals for transfer of appropriations: 3. Action taken on Parliament(cid:146)s opinions and resolutions › Opinion on transfer of appropriations No 04/98 between Chapters in Section III › Commission › Part B › of the General Budget for the European Union for the financial year 1998 (C4-0265/98) The Commission communication on action taken on opinions and resolutions adopted by Parliament during the February 1998 part-session and on the second Earth Summit (Ungass) had been distributed. referred to responsible: BUDG › Opinion on transfer of appropriations No 5/98 between Chapters in Section III › Commission › Part B › of the General Budget for the European Union for the financial year 1998 (C4-0266/98) referred to responsible: BUDG 4. Transfer of appropriations The Committee on Budgets had considered proposal for transfer of appropriation No 4/98 (SEC(98)0560 › C4-0221/ 98) on budget line B7-520 Assistance to economic reform and recovery in the New Independent States and Mongolia. C 167/288 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 In accordance with Article 26(5)(b) of the Financial Regula- tion, it decided to authorize the transfer of the reserve from: Committees had been authorized to draw up reports as follows: Chapter B0- 40: Provisional appropria- tions (in respect of Article B7-520) to Article B7-520 Assistance to economic reform and recovery in the New Independent States and Mongolia in respect of an amount of: RELA › Export possibilities for renewable energy technologies (opinion: RTDE) CULT › The role of libraries in modern society (opinion: RTDE) CIVI CA ECU 45 000 000 PA ECU 38 000 000 › Criminal law procedure under the Third Pillar * * * The Committee on Budgets had considered proposal for transfer of appropriation No 5/98 (SEC(98)0572 › C4-0219/98 › concerning budget line B7-410 MEDA (measures to accom- pany the reforms to the economic and social structures in the Mediterranean non-member countries). In accordance with Article 26(5)(b) of the Financial Regula- tion, it decided to authorize the transfer of the reserve from: Chapter B0- 40: Provisional appropria- tions (in respect of Article B7-410) to Article B7-410 MEDA (measures to accompany the reforms to the economic and social structures in the Mediterranean non- member countries) in respect of an amount of: CA ECU 94 000 000 5. Referral to committees › Authorisation to draw up reports › Hughes procedure The procedure for examining the European Ombudsman(cid:146)s annual report and special reports had been referred to the Rules Committee as the committee responsible. Committees had been asked for opinions as follows: › TRAN on the amended proposal for a Council Directive introducing a tax on carbon dioxide emissions and energy (COM(95)0172 › C4-0214/95 › 00/0806(CNS)) (responsible: ENVI, opinion: ECON, RTDE) › CONT on the Commission communication on the expiry of the ECSC Treaty: Financial activities (COM(97)0506 › C4-0573/97) (responsible: BUDG, opinion: ECON, RTDE) The Agriculture Committee had been authorized to appoint two rapporteurs for its own-initiative report on a new strategy for mountain agriculture and the Arctic regions. The Research Committee had been authorized to draw up a legislative initiative report under Rule 50 on access to renew- able energy on the electricity network (opinion: ENVI) The Hughes procedure would be applied to the following reports: ECON › Dismantling obstacles to trade: Commission intervention mechanism (C4-0011/98 › 97/0330(CNS)) (opinion: ESOC, LEGA) › Commercial communications: follow-up to Green Paper (C4-0252/98) (opinion: ENVI, CULT, LEGA) TRAN › Safety advisers for transport of dangerous goods by road, rail or inland waterways (C4-0242/98 › 98/0106(SYN)) (opinion: ESOC, LEGA) DEVE › Special framework of assistance for traditional ACP suppliers of bananas (C4-0263/98 › 98/0014(SYN)) (opinion: AGRI, BUDG) 6. Code of conduct for computerized reserva- tions systems **I (vote) Van Dam report › A4-0089/98 (Simple majority) PROPOSAL FOR A REGULATION COM(97)0246 › C4- 0418/97 › 97/0148(SYN) Amendments adopted: 1 to 11, 13, 14 and 12 collectively Parliament approved the Commission proposal as amended (Part II, Item 1). 1. 6. 98 EN Official Journal of the European Communities C 167/289 Friday 15 May 1998 DRAFT LEGISLATIVE RESOLUTION: Separate vote: am. 2 (ELDR) Parliament adopted the legislative resolution (Part II, Item 1). Parliament approved the Commission proposal as amended (Part II, Item 3(a)). 7. Rules on competition in air transport sec- tor * (vote) Scarbonchi report › A4-0141/98 (Simple majority) DRAFT LEGISLATIVE RESOLUTION: The rapporteur asked whether the Commission was in agree- ment with Parliament(cid:146)s amendments, in particular ams 2 and 3: the Commission indicated that it was. I. PROPOSAL FOR A REGULATION COM(97)0218 › C4-0258/97 › 97/0137(CNS): Parliament adopted Item 3(a)). the legislative resolution (Part II, Amendments adopted: 1 to 3 collectively by EV (89 for, 76 against, 0 abstentions); 4; 5; 6; 7 (b) A4-0129/98 Amendments rejected: 8; 9 MOTION FOR A RESOLUTION Parliament approved the Commission proposal as amended (Part II, Item 2). Parliament adopted the resolution (Part II, Item 3(b)). DRAFT LEGISLATIVE RESOLUTION: * * * Parliament adopted the legislative resolution by RCV (PPE): Explanations of vote were made by the following Members: Members voting: For: Against: Abstentions: (Part II, Item 2). 179 152 19 8 II. PROPOSAL FOR A REGULATION COM(97)0218 › C4-0259/97 › 97/0138(CNS): Scarbonchi report › A4-0141/98 › orally: Van Dam › in writing: Donnay Graefe zu Baringdorf report › A4-0128/98 › in writing: Souchet Amendment rejected: 10 9. Payment card crime * (debate and vote) Parliament approved the Commission proposal by EV (121 for, 56 against, 3 abstentions) (Part II, Item 2). DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 2). 8. Marketing of seeds › Implementation of Regulation 1467/94 Graefe zu Baringdorf reports (A4-0128/98 and A4-0129/ 98) (Simple majority) * (vote) Mr Schmid introduced his report, drawn up on behalf of the Committee on Civil Liberties and Internal Affairs, on the draft joint action adopted by the Council on the basis of Article K. 3 of the Treaty on European Union concerning arrangements for the better exchange of information in respect of payment card crime between Member States(cid:146) law enforcement agencies and between those agencies and the payment card industry, where such information is required for the investigation of offences (5683/98 › C4-0136/98 › 98/0906(CNS)) (A4-0164/98). The following spoke: Mr Schulz, on behalf of the PSE Group, Mr von Habsburg, on behalf of the PPE Group, Mr Ru¤big and Mr Fischler, Member of the Commission. The President closed the debate. (a) A4-0128/98 The rapporteur spoke on ams 1 and 5. VOTE (Simple majority) PROPOSAL FOR A DIRECTIVE COM(97)0403 › C4- 0459/97 › 97/0217(CNS): DRAFT JOINT ACTION 5683/98 › C4-0136/98 › 98/ 0906(CNS): Amendments adopted: 1; 2; 3 and 4 collectively Amendments adopted: 1 to 7 collectively Amendments rejected: 5 by EV (87 for, 91 against, 1 absten- tion) Parliament approved the draft joint action as amended (Part II, Item 4). C 167/290 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 DRAFT LEGISLATIVE RESOLUTION: Explanations of vote were made by the following Members: › in writing: Holm, Scho¤rling, Gahrton Parliament adopted the legislative resolution (Part II, Item 4). The President announced that he had received motions for resolutions pursuant to Rule 40(5) from the following Mem- bers: › Sonneveld, Goepel, Bo¤ge, Funk and Schierhuber, on behalf of the PPE Group, on regulating the use of antibiotics in animal feed (B4-0447/98); 10. Use of antibiotics in animal feed (debate and vote) › Pasty, Azzolini, Santini, Rosado Fernandes and Poisson, on behalf of the UPE Group, on the use of antibiotics in animal feed (B4-0448/98); The next item was a joint debate on seven oral questions to the Commission by the following Members: › Olsson, on behalf of the ELDR Group, on regulation of the use of antibiotics in animal food (B4-0286/98). › Aelvoet, Roth, Scho¤rling, Gahrton, Hautala, Graefe zu Baringdorf, Lindholm, Holm, Lannoye and Tamino, on behalf of the V Group, on the use of antibiotics in animal feed (B4-0287/98). › Barthet-Mayer and Vandemeulebroucke, on behalf of the ARE Group, on antibiotics in animal feedingstuffs (B4- 0289/98). › Cabrol, Pasty, Azzolini and Santini, on behalf of the UPE Group, on antibiotics in animal feedingstuffs (B4-0388/98). › Sonneveld, Goepel, Bo¤ge, Funk and Schierhuber, on behalf of the PPE Group, on the rules governing the use of antibiotics in animal feed (B4-0463/98). › Souchet, on behalf of the I-EDN Group, on the rules governing the use of antibiotics in animal feed (B4-0468/98). › Roth-Behrendt, Fantuzzi, Iversen and Hulthe·n, on behalf of the PSE Group, on the use of antibiotics in animal feedingstuffs (B4-0470/98). Mr Olsson moved oral question B4-0286/98. Mr Graefe zu Baringdorf moved oral question B4-0287/98. Mrs Barthet-Mayer moved oral question B4-0289/98. › Roth-Behrendt, Fantuzzi, Iversen and Hulthe·n, on behalf of the PSE Group, on the use of antibiotics in animal feed (B4-0449/98); › Barthet-Mayer and Vandemeulebroucke, on behalf of the ARE Group, on the use of antibiotics in animal feed (B4- 0450/98); › Jove· Peres, Querbes, Gonza·lez A· lvarez, Sjo¤stedt, Novo, Ephremidis and Papayannakis, on behalf of the GUE/NGL Group, on the use of antibiotics in animal feed (B4-0451/98); › Souchet, Nicholson and Blokland, on behalf of the I-EDN Group, on the use of antibiotics in animal feed (B4-0452/98); › Olsson, Eisma, Mulder and Thors, on behalf of the ELDR Group, on the use of antibiotics in animal feed (B4-0453/98); › Aelvoet, Roth, Graefe zu Baringdorf, Scho¤rling, Gahrton, Holm, Lindholm, Hautala, Tamino, Lannoye, Breyer, Kreissl- Do¤rfler, Van Dijk, McKenna, Ahern, Bloch von Blottnitz, Kerr, Voggenhuber and Telka¤mper, on behalf of the V Group, on the use of antibiotics in animal feed (B4-0454/98). The following spoke: Mrs Hardstaff, on behalf of the PSE Group, Mrs Piha, on behalf of the PPE Group, Mr Virrankoski, on behalf of the ELDR Group, Mr Seppa¤nen, on behalf of the GUE/NGL Group, Mrs Scho¤rling, on behalf of the V Group, Mr Blokland, on behalf of the I-EDN Group, Mr Wibe, Mrs Thors, Mr Fischler, Mr Graefe zu Baringdorf, Mr Olsson and Mr Iversen, all with questions to the Commission which Mr Fischler answered. Mr Pasty moved oral question B4-0388/98. The President closed the debate. Mr Gillis moved oral question B4-0463/98. VOTE (Simple majority) IN THE CHAIR: Mr GUTIE· RREZ DI·AZ Vice-President MOTIONS FOR RESOLUTIONS B4-0447, 0448, 0449, 0450, 0451, 0452, 0453 and 0454/98: Mr Souchet moved oral question B4-0468/98. Mr Iversen moved oral question B4-0470/98. Mr Fischler, Member of the Commission, answered the questions. › joint motion for a resolution tabled by the following Members: Roth-Behrendt, Hulthe·n and Fantuzzi,on behalf of the PSE Group, Sonneveld, Goepel, Gillis, Bo¤ge, Funk and Schierhuber, on behalf of the PPE Group, 1. 6. 98 EN Official Journal of the European Communities C 167/291 Pasty, Azzolini, Santini, Cabrol and Poisson, on behalf of the UPE Group, Olsson, Eisma, Mulder and Thors, on behalf of the ELDR Group, Jove· Peres, Querbes, Gonza·lez A· lvarez, Sjo¤stedt, Novo, Ephremidis and Alavanos, on behalf of the GUE/NGL Group, Graefe zu Baringdorf, on behalf of the V Group, Barthet-Mayer and Vandemeulebroucke, on behalf of the ARE Group, Souchet, Nicholson and Blokland, on behalf of the I-EDN Group, to replace these motions with a new text: Amendments rejected: 1 by EV (38 for, 38 against, 3 absten- tions); 2 by EV (37 for, 41 against, 1 abstention); 3 by EV (37 for, 41 against, 1 abstention); 4 by EV (36 for, 39 against, 0 abstentions); 5; 6; 7; 8; 9 The different parts of the text were adopted in order, except para. 5 rejected by EV (31 for, 45 against, 0 abstentions). Separate vote: para. 5 (ELDR, V) Parliament adopted the resolution by RCV (PPE): Members voting: For: Against: Abstentions: (Part II, Item 5). 77 77 0 0 (Mr Gutie·rrez D(cid:14)·az, who was chairing the sitting, did not vote). 11. Audit of German reunification measures (debate and vote) Mr Fabra Valle·s deputizing for the rapporteur, introduced the report drawn up by Mr Garriga Polledo, on behalf of the Committee on Budgetary Control, on the Court of Auditors(cid:146) Special Report No 4/97 concerning the audit of certain aspects of German reunification measures involving EAGGF compen- sation payments and export refunds, together with the Com- mission(cid:146)s replies (C4-0348/97) (A4-0144/98). The following spoke: Mrs Wemheuer, on behalf of the PSE Group, Mr Seppa¤nen, on behalf of the GUE/NGL Group, Mr Lukas, Non-attached Member, and Mr Fischler, Member of the Commission. The President closed the debate. VOTE (Simple majority) MOTION FOR A RESOLUTION Parliament adopted the resolution (Part II, Item 6). 12. Combined heat and power (debate and vote) Friday 15 May 1998 Mrs Estevan Bolea introduced her report, drawn up on behalf of the Committee on Research, Technological Development and Energy, on the communication from the Commission to the Council, the European Parliament, the Economic and Social committee and the Committee of the Regions on a Community strategy to promote combined heat and power (CHP) and its development (COM(97)0514 › C4-0596/97) (A4-0145/98). to dismantle barriers to The following spoke: Mr Elchlepp, on behalf of the PSE Group, Mrs Matikainen-Kallstro¤m, on behalf of the PPE Group, Mr Seppa¤nen, on behalf of the GUE/NGL Group, Mr Weber, on behalf of the ARE Group, Mr Kronberger, Non-attached Member, Mr Ru¤big and Mr Fischler, Member of the Commission. The President closed the debate. VOTE (Simple majority) MOTION FOR A RESOLUTION Amendment adopted: 1 by EV (22 for, 15 against, 1 abstention) The different parts of the text were adopted in order. Separate votes: paras. 6, 8, 9, 13 (UPE) Parliament adopted the resolution by RCV (PSE): Members voting: For: Against: Abstentions: (Part II, Item 7). 39 39 0 0 (Mr Gutie·rrez D(cid:14)·az, who was chairing the sitting, did not vote). 13. Membership of committees At the request of the PSE Group, Parliament ratified the appointment of Mrs McAvan as member of the Committee on Research. 14. Written declarations (Rule 48) Pursuant to Rule 48(3), the President announced the number of signatures to these declarations: No 5/98 6/98 Author Signatures Sornosa Mart(cid:14)·nez Dell(cid:146)Alba 77 9 C 167/292 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 15. Forwarding of texts adopted during the sit- 16. Dates for next sittings ting The President announced that the next sittings would be held on 27 and 28 May 1998. The President informed Parliament, pursuant to Rule 133(2), that the Minutes of that day(cid:146)s sitting would be submitted to Parliament for its approval at the beginning of its next sitting. With Parliament(cid:146)s agreement, he stated that he would forward the texts that had just been adopted forthwith to the bodies named therein. 17. Adjournment of session The session was adjourned. (The sitting closed at 12 noon) Julian PRIESTLEY Secretary-General Jose· Mar(cid:14)·a GIL-ROBLES GIL-DELGADO President 1. 6. 98 EN Official Journal of the European Communities C 167/293 Friday 15 May 1998 PART II Texts adopted by the European Parliament 1. Code of conduct for computerized reservation systems **I A4-0089/98 Proposal for a Council Regulation amending Council Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems (CRSs) (COM(97)0246 › C4-0418/97 › 97/ 0148(SYN)) The proposal was approved with the following amendments: TEXT PROPOSED BY THE COMMISSION (*) AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 15 Whereas information or distribution facilities offered by carriers having joint venture or other contractual arrangements should not be subject to the code provisions; Whereas information or distribution facilities offered by one carrier or carriers having joint venture or other contractual arrangements should not be subject to the code provisions on condition that such a carrier or such arrangements between carriers can be clearly identified by the public; (Amendment 2) ARTICLE 1(1) Article 1, introduction (Regulation (EEC) 2299/89) This Regulation shall apply to computerised reservation sys- tems to the extent that they contain air transport products, with or without the incorporation of rail transport products, when offered for use and/or used in the territory of the Community, irrespective of: This Regulation shall apply to computerised reservation sys- tems to the extent that they contain air transport products, and to the extent that rail transport products are incorporated in the principal display, when offered for use and/or used in the territory of the Community, irrespective of: (Amendment 3) ARTICLE 1(2)(a) Article 2(1) (Regulation (EEC) 2299/89) (l) (cid:145)subscriber(cid:146) means a person, other than a consumer, or an undertaking, other than a participating carrier, using a CRS under contract or other financial arrangement with a system vendor; (l) (cid:145)subscriber(cid:146) means a person, other than a consumer, or an undertaking, other than a participating carrier, using the distribution facilities for air and rail transport pro- ducts of a CRS under contract or other financial arrange- ment with a system vendor; (*) OJ C 267, 3. 9. 1997, p. 67. C 167/294 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 4) ARTICLE 1(2)(c) Article 2(q) (Regulation (EEC) 2299/89) (q) (cid:145)rail transport operator(cid:146) means any private or public undertaking whose main business is to provide rail transport services to passengers. (q) (cid:145)rail transport operator(cid:146) means any private or public undertaking which provides rail transport services to passengers. (Amendment 5) ARTICLE 1(3)(a) Article 3a(1)(b) (Regulation (EEC) 2299/89) (b) The parent carrier shall not be obliged to accept any costs in this connection except for reproduction of the informa- tion to be provided and for accepted bookings. The booking fee payable to a CRS for an accepted booking made in accordance with this Article should not exceed the fee charged by the same CRS for the nearest equivalent transaction. (b) The parent carrier shall not be obliged to accept any costs in this connection except for reproduction of the informa- tion to be provided and for accepted bookings. The booking fee payable to a CRS for an accepted booking made in accordance with this Article should not exceed the fee charged by the same CRS to participating carriers for the same equivalent service. (Amendment 6) ARTICLE 1(3a) (new) Article 4(1a) (new) (Regulation (EEC) 2299/89) 3a. Article 4(1a) is added: (cid:145)1a. Such principles shall apply for rail services in respect of data provided for inclusion in the principal display. (cid:146) (Amendment 7) ARTICLE 1(4a) (new) Article 6(1)(b) (Regulation (EEC) 2299/89) 4a. Article 6(1)(b) is replaced by the following: (cid:145)(b) any marketing, booking and sales data made availa- ble shall be on the basis that: (i) such data are offered with equal timeless and on a non-discriminatory basis to all participating car- riers, including parent carriers; (ii) such data may, and, on request, shall cover all participating carriers and/or subscribers, but shall include no identification, either directly or indi- rectly, of, or personal information on, a passenger or a corporate user; (iii) all requests for such data are treated with equal care and timeliness, subject to the transmission method selected by the individual carrier; 1. 6. 98 EN Official Journal of the European Communities C 167/295 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (iv) information shall on request be available to parti- cipating carriers and/or subscribers both globally and selectively with regard to the market in which they operate; (v) a group of airlines and/or subscribers shall be entitled to purchase data for common processing. (cid:146) (Amendment 8) ARTICLE 1(7) Article 10(1)(a), third and fourth subparagraphs, and (b), first subparagraph (Regulation (EEC) 2299/89) The billing information shall be offered on magnetic media. The fee to be charged for the billing information provided on magnetic media shall not exceed the cost of the media itself together with transportation costs thereof. A participating air carrier shall be offered the facility of being informed at the time that any booking/transaction is made for which a booking fee will be charged. Where a carrier elects to be so informed, it shall be offered the option to disallow such booking/transaction, unless the latter has already been accepted. The billing information may be offered on magnetic media. The fee to be charged for the billing information provided on magnetic media or any other chosen by the airline among the available possibilities shall not exceed the cost of the service. A participating air carrier shall be offered the facility of being informed at the time that any booking/transaction is made for which a booking fee will be charged. Where a carrier elects to be so informed, it shall be offered the option to disallow such booking/transaction, and it may not be charged for such bookings/transaction, unless the latter has already been accepted. (b) Any fee for equipment rental or other service charged to a subscriber by a system vendor shall be non-discriminato- ry, reasonably structured and reasonably related to the cost of the service provided and used and shall, in particular, be the same for the same level of service. Productivity based benefits awarded to subscribers by system vendors in the form of discounts on rental charges or commission payments, are considered as distribution costs of the system vendor. (b) Any fee for equipment rental or other service charged to a subscriber by a system vendor shall be non-discriminato- ry, reasonably structured and reasonably related to the cost of the service provided and used and shall, in particular, be the same for the same level of service. Productivity based benefits awarded to subscribers by system vendors in the form of discounts on rental charges or commission payments, are considered as distribution costs of the system vendor and shall be based on ticketed segments. When subject to Annex II(5) the system vendor is unaware of whether a ticket has been issued or not, then that system vendor shall be entitled to rely upon a notification of the ticket number from the subscriber. (Amendment 9) ARTICLE 1(9) Article 21 (Regulation (EEC) 2299/89) The provisions in Article 5, Article 9 (5) and the Annex to this Regulation shall not apply to a CRS used by an air carrier or a group of air carriers, which have a joint venture or other contractual arrangement, but excluding interline agreement, in its (their) own office(s) and sales counters clearly identified as such. The provisions in Article 5, Article 9 (5) and the Annexes to this Regulation shall not apply to a CRS used by an air carrier or a group of air carriers, which have a joint venture or other contractual arrangement, but excluding interline agreement: (a) in its (their) own office(s) and sales counters clearly identified as such; (b) to provide information and/or distribution facilities accessible through a public telecommunications net- work, clearly and continuously identifying the infor- mation provider(s) as such. C 167/296 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 10) ARTICLE 1(11) Articles 21b and 21c (Regulation (EEC) 2299/89) 11. The following Articles 21b and 21c are added: 11. The following Article 21b is added: (cid:145)Article 21b (cid:145)Article 21b A rail transport operator will be considered as a participating carrier for the purposes of the code on condition that it has an agreement with a system vendor for the distribution of its products through a CRS. Its services shall be treated in the same manner as air transport products and be incorporated into the principal display in accordance with the criteria set out in Annex I. to the code. All references to (cid:145)flights(cid:146) in this Regulation shall be deemed also to include references to (cid:145)rail travel(cid:146). A rail transport operator will be considered as an air carrier for the purposes of the code to the extent that it has an agreement with a system vendor for the distribution of its products through the principal display of a CRS, or its own reserva- tion system is a CRS. Those products shall be treated in the same manner as air transport products and be incorporated into the principal display in accordance with the criteria set out in Annex I. to the code. In this context, all references to (cid:145)flights(cid:146) in this Regulation shall be deemed also to include references to (cid:145)rail travel(cid:146). (cid:146) Article 21c Deleted Where two or more carriers have a joint venture or other contractual arrangement, but excluding interline agreement, to provide information and/or distribution facilities accessible through a public telecommunications network, clearly identify- ing the arrangement as such, the information/distribution facilities will not be subject to the provisions of the code. (cid:146) (Amendment 11) ANNEX Annex I(1) and (2) (Regulation (EEC) 2299/89) 1. Ranking of flight options in a principal display, for the day or days requested, shall be in the following order unless requested in a different way by a consumer for an individual transaction: 1. Ranking of flight options in a principal display, for the day or days requested, shall be in the following order unless requested in a different way by a consumer for an individual transaction: (i) all non-stop direct flights between the city-pairs con- (i) all non-stop direct flights between the city-pairs con- cerned; (ii) all other flights. cerned; (ii) other direct flights, not involving a change of aircraft, between the city-pairs concerned; (iia) connecting flights. Rail services will be considered non-stop direct services between the city-pairs concerned when its intermediate stops are not longer than three minutes and the total stopping time does not exceed 10 minutes. 2. A consumer shall at least be afforded the possibility of having, on request, a principal display ranked by departure or arrival time and/or elapsed journey time. Unless otherwise requested by a consumer, a principal display shall be ranked by departure time for group (i) and elapsed journey time for group (ii). 2. A consumer shall at least be afforded the possibility of having, on request, a principal display ranked by departure or arrival time and/or elapsed journey time. Unless otherwise requested by a consumer, a principal display shall be ranked by departure time for group (i) and elapsed journey time for groups (ii) and (iii). 1. 6. 98 EN Official Journal of the European Communities C 167/297 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 13) ANNEX Annex I(9), second subparagraph (Regulation (EEC) 2299/89) Nevertheless, where the flights are operated by the same carrier with the same flight number and where a carrier only requires only one flight coupon and one reservation, a CRS should only issue one coupon and charge for one reservation. Deleted (Amendment 14) ANNEX Annex I(10)(2) (Regulation (EEC) 2299/89) 2. Where more than two carriers are involved, designation of the two carriers entitled to avail themselves of the exception provided for in subparagraph 1 shall be a matter for the carrier actually operating the flight. In the absence of sufficient information from the operating carrier to identify the two carriers to be designated, a system vendor may designate the carriers on a non-discriminatory basis. 2. Where more than two carriers are involved, designation of the two carriers entitled to avail themselves of the exception provided for in subparagraph 1 shall be a matter for the carrier actually operating the flight. In the absence of sufficient information from the operating carrier to identify the two carriers to be designated, a system vendor shall designate the carriers on a non-discriminatory basis. (Amendment 12) ANNEX Annex II(2) (Regulation (EEC) 2299/89) 2. A subscriber shall not make duplicate reservations for the same passenger. In cases where confirmed space is not available on the customer(cid:146)s choice, the passenger may be waitlisted on that flight (if wait-list is available) and confirmed on an alternate flight. A subscriber shall not deliberately make duplicate 2. reservations for the same passenger. In cases where confirmed space is not available on the customer(cid:146)s choice, the passenger may be waitlisted on that flight (if wait-list is available) and confirmed on an alternate flight. Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Regulation amending Council Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems (CRSs) (COM(97)0246 › C4-0418/97 › 97/0148(SYN)) (Cooperation procedure: first reading) The European Parliament, › having regard to the Commission proposal to the Council, COM(97)0246 › 97/0148(SYN) (1), › having been consulted by the Council pursuant to Articles 189c, 84(2) and 75 of the EC Treaty (C4-0418/97), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Transport and Tourism (A4-0089/98), (1) OJ C 267, 3. 9. 1997, p. 67. C 167/298 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 1. Approves the Commission proposal, subject to Parliament(cid:146)s amendments; Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC 2. Treaty; Calls on the Council to incorporate Parliament(cid:146)s amendments in the common position that it adopts 3. in accordance with Article 189c(a) of the EC Treaty; 4. Instructs its President to forward this opinion to the Council and Commission. 2. Rules on competition in air transport sector * A4-0141/98 I. Proposal for a Council Regulation amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (COM(97)0218 › C4-0258/97 › 97/0137(CNS)) The proposal was approved with the following amendments: TEXT PROPOSED BY THE COMMISSION (*) AMENDMENTS BY PARLIAMENT (Amendment 1) Recital (cid:150)1 (new) (cid:150)1. Whereas air transport is very sensitive to safety considerations and a high level of safety therefore has to take priority when Community rules on competition are applied to that sector; (Amendment 2) Recital (cid:150)1a (new) (cid:150)1a. Whereas the Treaty of Amsterdam makes reference in the new Article 7d to be included in the EC Treaty to the notion (cid:145)services of general interest(cid:146) as one of the common values of Europe and as a principle of Community law in its own right; whereas air transport services must be consi- dered as services of general interest especially in the outermost regions, where they are vital to guarantee the linkage with the rest of the Community; whereas all developments in this sector must therefore be carefully supervised by the competent public authorities at regional, national and Community level; (*) OJ C 165, 31. 5. 1997, p. 13. 1. 6. 98 EN Official Journal of the European Communities C 167/299 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 3) Recital 3a (new) Whereas the changes now under way and the liberalization of the Community aviation market will entail substantial restructuring and may have adverse effects on employment and travelling costs for small and medium-sized airlines; whereas the importance of the commercial activities and services offered on board and at airports should therefore not be underestimated; (Amendment 4) ARTICLE 1(1) Article 1(2) (Regulation (EEC) No 3975/87) 1. Paragraph 2 of Article 1 shall be deleted. 1. Paragraph 2 of Article 1 shall be replaced by the following: This Regulation shall apply to air transport from (cid:145)2. or to one or more Community airports. (cid:146) (Amendment 5) ARTICLE 1(1a)(new) Article 1(2a) (new) (Regulation (EEC) No 3975/87) 1a. In Article 1 the following new paragraph 2a shall be added: (cid:145)2a. The European Parliament shall be consulted on any agreement between the Union and a third country before it is presented to the Council for approval. (cid:146) (Amendment 6) ARTICLE 1(2) Article 18a (Regulation (EEC) No 3975/87) Where the application of this Regulation in a particular case is liable to lead to a conflict with provisions laid down by law, Regulation or administrative action of a third country or with the provisions of air service agreements between a Member State and a third country, the Commission shall, at the earliest opportunity, hold consultations with the competent authorities of the country concerned. 1. Where the application of this Regulation in a particular case is liable to lead to a conflict with provisions laid down by law, Regulation or administrative action of a third country or with the provisions of air service agreements between a Member State and a third country, the Commission shall, at the earliest opportunity, hold consultations with the competent authorities of the country concerned with a view to reconcil- ing as far as possible the abovementioned interests with the respect of Community law. (Amendment 7) ARTICLE 1(2) Article 18a(2) (new) (Regulation (EEC) No 3975/87) 2. Where agreements with third countries need to be negotiated, the Commission shall make recommendations to the Council, which shall authorize the Commission to open the necessary negotiations. The Commission shall conduct these negotiations within the framework of such Directives as the Council may issue to it. C 167/300 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Regulation amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (COM(97)0218 › C4-0258/97 › 97/0137(CNS)) (Consultation procedure) The European Parliament, › having regard to the Commission proposal to the Council, COM(97)0218 › 97/0137(CNS) (1), › having been consulted by the Council pursuant to Article 87 of the EC Treaty (C4-0258/97), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0141/98), 1. Approves the Commission proposal, subject to Parliament(cid:146)s amendments; Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC 2. Treaty; Asks to be consulted again should the Council intend to make substantial modifications to the 3. Commission proposal; 4. Instructs its President to forward this opinion to the Council and Commission. (1) OJ C 165, 31. 5. 1997, p. 13 Proposal for a Council Regulation on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the sector of air transport between the Community and third countries (COM(97)0218 › C4-0259/97 › 97/0138(CNS)) II. The proposal was approved. Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Regulation on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the sector of air transport between the Community and third countries (COM(97)0218 › C4-0259/97 › 97/0138(CNS)) (Consultation procedure) The European Parliament, › having regard to the Commission proposal to the Council (COM(97)0218 › 97/0138(CNS)) (1), › having been consulted by the Council pursuant to Article 87 of the Treaty (C4-0259/97), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0141/98), (1) OJ C 165, 31. 5. 1997, p. 14. 1. 6. 98 EN Official Journal of the European Communities C 167/301 Friday 15 May 1998 1. Approves the Commission proposal; Calls on the Council to notify Parliament should it intend to depart from the text approved by 2. Parliament; Asks to be consulted again should the Council intend to make substantial modifications to the 3. Commission proposal; 4. Instructs its President to forward this opinion to the Council and Commission. 3. Marketing of seeds › Implementation of Regulation 1467/94 * (a) A4-0128/98 Proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (COM(97)0403 › C4-0459/97 › 97/0217(CNS)) The proposal was approved with the following amendments: TEXT PROPOSED BY THE COMMISSION (*) AMENDMENTS BY PARLIAMENT (Amendment 1) ARTICLE 1(2) Article 2(3)(i)(c) (Directive 66/400/EEC) (c) have been officially licensed by the seed certification authority of the Member State concerned, (c) have been officially licensed and sworn in by the seed certification authority of the Member State concerned, (Article 2 of Directives 66/401/EEC, 66/402/EEC and 69/ 208/EEC to be similarly amended. ) (Amendment 2) ARTICLE 1(2) Article 2(3)(iii) (Directive 66/400/EEC) (iii) a proportion of the seed crop shall be checked by official inspectors; (iii) a proportion of the seed crop shall be checked by official inspectors; the level of official checks shall be main- tained at the current level of 10% for self-pollinated crops and 20% for cross-pollinated crops; (Article 2 of Directives 66/401/EEC, 66/402/EEC and 69/ 208/EEC to be similarly amended. ) (*) OJ C 289, 24. 9. 1997, p. 6. C 167/302 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 3) ARTICLE 1(2) Article 2(3)(iva) (new) (Directive 66/400/EEC) (iva) the seed certification authority shall immediately withdraw recognition from officially licensed inspec- tors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall immediate- ly by annulled in the event of such contravention. Fines for such attempted fraud may also be imposed in accordance with the procedure laid down in Article 21. (Article 2 of Directives 66/401/EEC, 66/402/EEC and 69/ 208/EEC to be similarly amended. ) (Amendment 4) ARTICLE 8a (new) Article 8a After not more than five years the Commission shall submit a detailed evaluation of the simplifications of the certifica- tion procedures introduced with this Directive. This evalu- ation shall focus in particular on the possible effects on the quality of the seed. Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (COM(97)0403 › C4-0459/97 › 97/0217(CNS)) (Consultation procedure) The European Parliament, › having regard to the Commission proposal to the Council, COM(97)0403 › 97/0217(CNS) (1), › having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0459/97), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Agriculture and Rural Development (A4-0128/98), 1. Approves the Commission proposal, subject to Parliament(cid:146)s amendments; Calls on the Council to notify Parliament should it intend to depart from the text approved by 2. Parliament; Asks to be consulted again should the Council intend to make substantial modifications to the 3. Commission proposal; 4. Instructs its President to forward this opinion to the Council and Commission. (1) OJ C 289, 24. 9. 1997, p. 6. 1. 6. 98 EN Official Journal of the European Communities C 167/303 Friday 15 May 1998 (b) A4-0129/98 Resolution on the report from the Commission to the Council and the European Parliament on the implementation of Council Regulation (EC) No 1467/94 of 20 June 1994 (COM(97)0327 › C4- 0492/97) The European Parliament, › having regard to the report from the Commission to the Council and the European Parliament, COM(97)0327 › C4-0492/97, › having regard to the report of the Committee on Agriculture and Rural Development (A4-0129/98), A. resolved to support the EU programme initiated by Parliament in 1993 and adopted by the Council in 1994 for the conservation, characterization, collection and utilization of genetic resources in agriculture (Regulation (EC) No 1467/94) (1) and to make it a success with the participation of all individuals and institutions active in this field, B. whereas critical opinions have been voiced by the appropriate authorities of the Member States and by public and private institutions and persons interested or already involved in the programme, C. whereas the United Nations has made extensive international efforts to conserve biodiversity and genetic resources in agriculture, especially in the framework of Agenda 21, adopted in Rio in 1992, and the special FAO conference on the conservation of genetic resources held in June 1996, 1. Points out that, as the (cid:145)policy of sustainable rural development(cid:146) announced in Agenda 2000 and the (cid:145)integration of environmental and agricultural policy(cid:146) are particularly dependent on the conservation and utilization of a wide range of genetic resources, the financial endowment of Regulation (EC) No 1467/94, together with the agricultural and environmental measures for which Regulation (EEC) No 2078/92 (2) provides, must be greatly improved; 2. Criticizes the Commission(cid:146)s lack of determination and inadequate coordination with respect to the financial endowment and staffing of the programme, which has led to the cancellation of the budget resources for 1997, the reduction of the resources for 1998 and considerable uncertainty among those involved in the conservation of genetic resources; 3. Expresses its disappointment at the Commission(cid:146)s failure to use the programme(cid:146)s accompanying measures for exchanges among public and private gene banks, researchers, farmers, gardeners and other interested parties and its consequent general inability to play the role incumbent on it of coordinating and promoting cooperation within the EU; 4. Emphasizes the need to improve the quality of the current inventory of collected resources so that in situ collections, animal resources and species of trees in particular may be better recorded and described and their specific qualities in respect of utilization › specific qualities of domestic animals with regard to landscapes and the conditions under which they are kept, peculiarities of plant varieties in terms of taste, colour, storability and processing › may be better depicted; 5. Sees an urgent need, looking ahead to the accession of the new Member States and the financial and staffing problems they will encounter in conserving genetic resources, for the programme to be extended to include these regions during the pre-accession phase; 6. Calls on the Commission to change the requirements to be satisfied by the promotion of projects on a cost-sharing basis and by concerted actions in such a way that account is taken not only of individual species but also of related groups of species and their specific environment and that, in particular, integrated in situ conservation and utilization measures can be assisted; (1) OJ L 159, 28. 6. 1994, p. 1. (2) OJ L 215, 30. 7. 1992, p. 85. C 167/304 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 7. Calls on the Commission to coordinate projects implemented under Regulation (EC) No 1467/94 and their outcome with the accompanying measures for promoting environment-friendly production and reafforestation (Regulations (EEC) Nos 2078/92 and 2080/92 (1)), to promote not only the premiums for rare breeds of animal but also the conservation of regionally appropriate useful plants and trees and, with the accompanying measures for which Regulation (EC) No 1467/94 provides, to endeavour to ensure that constructive cooperation among researchers, gene banks, in situ conservators, farmers, gardeners and breeders continues to be supported or comes into being in practice; Requests that the Standing Committee, which consists solely of representatives of the Member 8. States, be joined by an independent forum set up by the Commission within the framework of the accompanying measures in which those active in the formal and informal sectors meet interested members of the Standing Committee at least once a year and advise the Commission on the development of the programme; 9. Requests the Commission to cooperate more closely with the European Cooperative Programme for Crop Genetic Resources Networks (ECP/GR) and the European Forest Genetic Resources Programme (Euforgen) in the distribution of tasks and to shift the emphasis of work under the programme from the (cid:145)permanent inventory(cid:146) to the (cid:145)conservation of genetic diversity through utilization in agricultural and horticultural practice(cid:146) so as to be better equipped for the new tasks after the reform of the CAP with a view to the necessary integration of economic, ecological and social aspects; 10. Calls on the Commission to play an active part in the creation of structures in the Member States for cooperation based on a division of labour among ex situ collections with the aim of developing a rational and efficient form of management for such collections; Instructs its President to forward this resolution to the Commission, the Council and the parliaments 11. and governments of the Member States. (1) OJ L 215, 30. 7. 1992, p. 96. 4. Payment card crime * A4-0164/98 Draft joint action adopted by the Council on the basis of Article K. 3 of the Treaty on European Union concerning arrangements for the better exchange of information in respect of payment card crime between Member States(cid:146) law enforcement agencies, and between those agencies and the payment card industry, where such information is required for the investigation of offences (5683/98 › C4-0136/98 › 98/0906 (CNS)) The draft was approved with the following amendments: COUNCIL TEXT AMENDMENTS BY PARLIAMENT (Amendment 1) Article 2. 1 2. 1. Each Member State shall, subject to national constitu- tional requirements, designate or establish a national contact point to forward and receive requests for informa- tion on the use or suspected use of payment cards in the furtherance of international organized crime. Where poss- 2. 1. Each Member State shall, subject to national constitu- tional requirements, designate or establish a national contact point to forward and receive requests for informa- tion on the counterfeiting or misuse of payment cards or the misuse of information stored thereon (hereinafter 1. 6. 98 EN Official Journal of the European Communities C 167/305 Friday 15 May 1998 COUNCIL TEXT AMENDMENTS BY PARLIAMENT ible, this contact point should be located with the central national contact point designated in accordance with recommendation 19 of the High Level Group(cid:146)s Action Plan to combat organized crime. referred to as (cid:145)use of payment cards(cid:146)) in the furtherance of international organized crime. Where possible, this contact point should be located with the central national contact point designated in accordance with recommenda- tion 19 of the High Level Group(cid:146)s Action Plan to combat organized crime. (Amendment 2) Article 2. 2 2. 2. The national contact points so designated shall be points 2. 2. The national contact points so designated shall be points through which liaison: through which liaison: (a) between Member States(cid:146) national law enforcement (a) between Member States(cid:146) national law enforcement agencies, and agencies, and (b) between those agencies and the payment card industry (b) between those agencies and the payment card industry may be facilitated and strategic information on serious offences sought and supplied in accordance with national law. may be facilitated and strategic information on serious offences sought from and supplied by those agencies and issuers in accordance with national law and subject to the following conditions. (Amendment 3) Article 3. 2, introductory clause 3. 2. Information which may be sought by and exchanged between national law enforcement agencies and other relevant authorities in respect of payment card crime under Article 2. 1 above may include: 3. 2. Information which may be sought by and exchanged between national law enforcement agencies and other relevant authorities in order to prevent, detect and investigate payment card crime under Article 2. 1 above may include: (Amendment 4) Article 3. 2a (new) 3. 2a Information obtained pursuant to paragraph 3. 2(c) and (e) may be passed on by national contact points to issuers at the request of the latter. (Amendment 5) Article 3. 3 3. 3. The requested Member State and its relevant authorities shall have the final decision on the nature and extent of information supplied on the basis of this Joint Action. Deleted (Amendment 6) Article 4. 3(ba) (new) (ba) ensure that the information passed on to issuers pursuant to Article 3. 2a contains no personal data. C 167/306 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 COUNCIL TEXT AMENDMENTS BY PARLIAMENT (Amendment 7) Article 6a (new) Article 6a PERIOD OF VALIDITY OF THE JOINT ACTION This Joint Action shall cease to apply as soon as the Council has entrusted Europol also with the combating of payment card crime, following the entry into force of the Europol Convention. Legislative resolution embodying Parliament(cid:146)s opinion on the draft joint action adopted by the Council on the basis of Article K. 3 of the Treaty on European Union concerning arrangements for the better exchange of information in respect of payment card crime between Member States(cid:146) law enforcement agencies, and between those agencies and the payment card industry, where such information is required for the investigation of offences (5683/98 › C4-0136/98 › 98/0906 (CNS)) (Consultation procedure) The European Parliament, › having regard to the Council draft (5683/98 › 98/0906 (CNS)), › having been consulted by the Council pursuant to Article K. 6, second paragraph, of the Treaty on European Union (C4-0136/98), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0164/98), 1. Approves the Council draft, subject to Parliament(cid:146)s amendments; Calls on the Council to notify Parliament should it intend to depart from the text approved by 2. Parliament; 3. Instructs its President to forward this opinion to the Council and Commission. 5. Use of antibiotics in animal feed B4-0447, 0448, 0449, 0450, 0451, 0452, 0453 and 0454/98 Resolution on antibiotics in animal feed The European Parliament, › having regard to its opinion of 19 February 1998 on the proposal for a European Parliament and Council Directive amending Council Directive 93/74/EEC on feedingstuffs intended for particular nutritional purposes and amending Directives 74/63/EEC, 79/373/EEC and 82/471/EEC (1), (1) Minutes of that sitting, Part II, Item 4. 1. 6. 98 EN Official Journal of the European Communities C 167/307 Friday 15 May 1998 › having regard to Council Directive 70/524/EEC concerning additives in feedingstuffs as last amended by Commission Directive 97/6/EC (1) which prohibits the use of avoparcin with the aim of protecting consumers, A. whereas the use of antibiotics and similar substances in animal feed is already subject to stringent controls; whereas there are concerns about the possible consequences of widespread use of antibiotics in animal feed production in terms of animal and human health, and the medical implications thereof, B. whereas some Member States have, in the case of certain antibiotics and certain similar substances, instituted the safeguard procedure pursuant to Article 11 of Council Directive 70/524/EEC referred to above with the aim of prohibiting the use of such substances in all Member States, C. whereas the protection of consumers and livestock must take precedence over economic interests, but whereas the possible risk or danger posed by the use of antibiotics in animal feed must be adequately proven by scientific means in order to justify a ban; and whereas recent WHO studies would appear to show that the systematic use of antibiotics during fattening periods may have adverse effects, including increased resistance of some bacteria, D. whereas healthy breeding practices must aim to limit the use of antibiotics to purely therapeutic purposes, 1. Calls on the Commission to use the experiences of various Member States in banning certain antibiotics, such as avoparcin, tylosin, spiramycin and virginiamycin, and similar substances, such as carbadox and dimetridazole, as an opportunity to review the whole use of antibiotics and similar substances in animal feed in order to ascertain whether they pose a health risk; 2. Calls on the Commission to apply stringent scientific standards when assessing whether the use of antibiotics and similar substances as additives in animal feed and/or as medicinal products poses a health risk, so that any ban which might prove necessary may be implemented not only in the individual Member States of the EU but also in respect of imports of animal feed and meat from non-member countries; 3. Insists that, when the Council Directive 70/524/EEC referred to above is revised, it must be expressly stipulated that the precautionary principle must be applied to guarantee consumer health and safety as well as to safeguard producers(cid:146) interests; 4. Urges the Commission to conclude its work in the Scientific Steering Committee on Animal Nutrition Special Working Group and inform Parliament about the results and calls on the Commission to promote research programmes on bacterial resistance and to strengthen its cooperation with the WHO in this field; 5. Calls on the Commission in this context to provide, before the end of 1998, a report on the current use of antibiotics in animal feed, specifying the animals concerned and naming the products used, including their chemical ingredients and quantities, and to assess the different substitutes available; Instructs its President to forward this resolution to the Council, the Commission and the 6. governments of the Member States. (1) OJ L 35, 5. 2. 1997, p. 11. C 167/308 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 6. Audit of German reunification measures A4-0144/98 Resolution on Court of Auditors(cid:146) Special Report No 4/97 concerning the audit of certain aspects of German reunification measures involving EAGGF compensation payments and export refunds, together with the Commission(cid:146)s replies (C4-0348/97) The European Parliament, › having regard to Court of Auditors(cid:146) Special Report No 4/97 (C4-0348/97) (1), › having regard to Articles 188c(4) and 206(1) of the EC Treaty, › having regard to the report of the Committee on Budgetary Control (A4-0144/98), Regrets that Court of Auditors(cid:146) Special Report No 4/97 was concluded with considerable delay in 1. relation to the period covered by the audit; 2. Notes that the reduction of milk production, the eradication of enzootic bovine leucosis and the reduction in beef production in the territory of the former German Democratic Republic after reunification were achieved without substantial supplementary expenditure to the Community budget; Appreciates the Community(cid:146)s contribution to the integration of the new La¤nder in the structures of 3. the common agricultural policy; notes in this respect the exceptional circumstances in which the integration occurred such as the absence of a transitional period and the retrospective implementation of some measures (reduction of milk production); 4. Regrets the Commission(cid:146)s significant delays in carrying out on-the-spot financial checks in the context of the EBL eradication programme; requests that the Commission organise systematic controls on all eradication programmes co-financed by Community appropriations; Insists that all sums unduly paid be fully recovered and the procedure concerned be completed as 5. soon as possible; Instructs its President to forward this resolution to the Commission, the Council and the Court of 6. Auditors. (1) OJ C 144, 13. 5. 1997, p. 1. 7. Combined heat and power A4-0145/98 Resolution on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on a Community strategy to promote combined heat and power (CHP) and to dismantle barriers to its development (COM(97)0514 › C4-0596/97) The European Parliament, › having regard to the Commission communication (COM(97)0514 › C4-0596/97), › having regard to the Council Resolution of 18 December 1997 on a Community strategy to promote combined heat and power (1), (1) OJ C 4, 8. 1. 1998, p. 1. 1. 6. 98 EN Official Journal of the European Communities C 167/309 Friday 15 May 1998 › having regard to the communication from the Commission on the European Community gas supply and prospects (COM(95)0478), › having regard to its resolution of 14 November 1996 on the communication from the Commission on the European Community gas supply and prospects (1), › having regard to the Commission White Paper on an energy policy for the European Union (COM(95)0682), › having regard to the communication from the Commission on an overall view of energy policy and actions (COM(97)0167), › having regard to the communication from the Commission concerning the organization of cooperation around agreed Community energy objectives (COM(97)0436), › having regard to the proposal for a Council Decision adopting a multiannual framework programme for actions in the energy sector (1998-2002) and connected measures (COM(97)0550), › having regard to Council Decision 96/737/EC of 16 December 1996 concerning a multiannual programme for the promotion of energy efficiency in the European Union (SAVE II) (2), › having regard to the communication from the Commission on the energy dimension of climate change (COM(97)0196), › having regard to the communication from the Commission on a Community strategy to combat acidification (COM(97)0088), › having regard to European Parliament and Council Directive 96/92/EC of 19 December 1996 concerning common rules for the internal market in electricity (3), › having regard to the common position of the Council on the proposal for a Directive concerning common rules for the internal market in natural gas (C4-0103/98), › having regard to the opinion of the Committee of the Regions, › having regard to the opinion of the Economic and Social Committee, › having regard to the communication from the Commission (cid:145)Energy for the future: Renewable sources of energy(cid:146) (COM(97)0599), › having regard to the report of the Committee on Research, Technological Development and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0145/98), A. having regard to the three basic objectives of European Union energy policy: competitiveness, security of supply and protection of the environment, B. having regard to the problems of pollution and atmospheric change caused by the use and consumption of energy, C. having regard to the absolute and urgent need to make more efficient use of natural resources and specifically of energy resources, D. noting that the use of new technologies in electricity generation such as combined cycles or the combined production of electricity and steam or heat, i. e. cogeneration, makes it possible to achieve significant energy savings, E. having regard to the necessary competitiveness required from electricity producers by the liberalization of electricity markets, (1) OJ C 362, 2. 12. 1996, p. 291. (2) OJ L 335, 24. 12. 1996, p. 50. (3) OJ L 27, 30. 1. 1997, p. 20. C 167/310 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 F. having regard to the opportunity to extend the use of gas in Europe opened up by cogeneration, G. having regard to the large resources of gas existing in various areas of the planet, which make diversified supplies of gas possible, and the foreseeable increase in gas consumption in the EU in the coming years, Supports the Commission proposal to promote cogeneration and dismantle barriers to the 1. development of combined heat and power (CHP); 2. Would, however, like to see the proportion of CHP in the Commission’s strategy increased from the current 18% to at least 25%; Points out that the more efficient use of energy which cogeneration represents will help to improve 3. the competitiveness of those industries which are large energy consumers; 4. Suggests that the Commission and above all the Member States introduce administrative and economic measures to boost the combined production of power and heat to supply hot water and heating for domestic purposes; 5. Affirms that cogeneration in industry, combined cycles in the electricity sector, in particular where cogeneration and the combined production of heat and power for domestic purposes make a significant contribution to reducing the emission of pollutants into the atmosphere by making more efficient use of energy; 6. Points out that the higher energy efficiency obtained in the new forms of production of power and heat or steam in industry and for domestic purposes represents the most positive step in reducing the greenhouse effect, particularly if renewable CO2-neutral forms of biomass are used; Proposes that, when national targets are set for the reduction of CO2 emissions, account be taken of 7. cogeneration(cid:146)s contribution to meeting the Kyoto commitments on climate change; 8. Suggests that, for barriers to the development of cogeneration to be effectively dismantled, electricity market operators must accept as a priority the excess power not consumed by the cogenerator, with auto-producers competing on the market; 9. Notes that the effective dismantling of barriers to the development of cogeneration requires: › cogenerators › whatever their consumption › to be in all cases considered qualified customers as electricity producing plants in the internal market for gas; › access to European gas pipeline networks; › district heating and cooling plans to be fostered; › › the purchasing › at market prices › of all electricity generated by auto-producers and not consumed by them; the internalization of environmental protection costs in all sources and forms of electricity generation, which entails compliance with the legislation in force on environmental pollution and increased obligations of public administrations with regard to monitoring the implementation of that legislation; › support for research and technological development in the area of energy saving and efficiency; 10. Insists that Community measures geared to sustainable development should necessarily require improving the energy efficiency of processes and facilities, and requests concrete proposals from the Commission; 11. Calls on the Commission and the Member States to ensure that Objective 1 regions can receive aid through the Structural Funds to increase energy efficiency, with priority being given to cogeneration facilities and renewable energies and especially their combination, and requests concrete proposals from the Commission; 1. 6. 98 EN Official Journal of the European Communities C 167/311 Friday 15 May 1998 12. Calls on the Commission to ensure that preference is given to funding cogeneration facilities for the production of heat and power, as well as renewable energies, and especially renewable cogeneration, when allocating cooperation funds with third countries in the area of energy, and requests concrete proposals from the Commission; 13. Calls on the Commission and the Member States to ensure that electricity system operators, as a matter of priority, accept electricity produced in seawater desalination plants using combined electricity and steam cogeneration cycles; believes that the prices charged should be determined by competition on the electricity market and hence that the new electricity markets should operate under normal economic conditions; 14. 15. Approves the conclusions submitted by the Commission: Instructs its President to forward this resolution to the Commission and Council. C 167/312 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 ATTENDANCE REGISTER 15 May 1998 The following signed: d(cid:146)Aboville, Adam, Aldo, Amadeo, Anastassopoulos, d(cid:146)Ancona, Andersson, Aparicio Sa·nchez, Baldi, Balfe, Barthet-Mayer, Barton, Bazin, Be·be·ar, Berger, Bertens, Berthu, Bianco, Blokland, Blot, Botz, Bourlanges, Breyer, Brinkhorst, Cabezo·n Alonso, Camiso·n Asensio, Carnero Gonza·lez, Cars, Castagne‘de, Colajanni, Collins Kenneth D. , Colombo Svevo, Correia, Corrie, Crampton, Cushnahan, van Dam, De Esteban Martin, Delcroix, Dell(cid:146)Alba, De Luca, Desama, van Dijk, Dillen, Eisma, Elchlepp, Estevan Bolea, Fabra Valle·s, Fabre-Aubrespy, Falconer, Fassa, Ferber, Fe·ret, Ferna·ndez Mart(cid:14)·n, Ferrer, Filippi, Fitzsimons, Fontaine, Ford, Fraga Este·vez, Friedrich, Gahrton, Garc(cid:14)·a Arias, Garosci, Garot, Gebhardt, Gillis, Gil-Robles Gil-Delgado, Glase, Goepel, Goerens, Gomolka, Graefe zu Baringdorf, Graenitz, Graziani, Green, Grossete(cid:136)te, Gu¤nther, Gutie·rrez D(cid:14)·az, von Habsburg, Habsburg-Lothringen, Ha¤nsch, Hager, Hallam, Happart, Hardstaff, Hatzidakis, Haug, Heinisch, Hendrick, Herman, Hoff, Holm, Hory, Hughes, Hume, Iversen, Izquierdo Collado, Jo¤ns, Jove· Peres, Junker, Kaklamanis, Karoutchi, Kellett-Bowman, Keppelhoff-Wiechert, Kerr, Kestelijn-Sierens, Kindermann, Kittelmann, Kla(cid:223), Koch, Kofoed, Konrad, Krehl, Kreissl-Do¤rfler, Kronberger, Kuhn, Kuhne, Lage, Lalumie‘re, Lambrias, Langen, Lannoye, Lehideux, Lenz, Leperre-Verrier, Lindeperg, Linser, Lo¤o¤w, Lu¤ttge, Lulling, Macartney, McGowan, McMahon, Malangre·, Malerba, Malone, Manisco, Mann Erika, Mann Thomas, Marinucci, Martens, Martin David W. , Martinez, Matikainen-Kallstro¤m, Mayer, Medina Ortega, Menrad, Miller, Miranda de Lage, Mohamed Ali, Moniz, Morris, Myller, Napoletano, Neyts-Uyttebroeck, Nicholson, Nordmann, Novo, Oddy, Olsson, Oomen-Ruijten, Paasilinna, Pack, Papayannakis, Pasty, Pe·rez Royo, Peter, Pettinari, Pex, Piha, Poggiolini, Pons Grau, Posselt, Provan, Puerta, Rapkay, Rehder, Ribeiro, Robles Piquer, de Rose, Rothe, Ru¤big, Ryyna¤nen, Scha¤fer, Schiedermeier, Schlechter, Schleicher, Schmid, Scho¤rling, Schro¤der, Schroedter, Schulz, Schwaiger, Seppa¤nen, Sichrovsky, Sierra Gonza·lez, Siso· Cruellas, Skinner, Smith, Souchet, Spiers, Stenmarck, Stockmann, Striby, Sturdy, Tannert, Tatarella, Taubira-Delannon, Telka¤mper, Thors, Tillich, Tindemans, Torres Couto, Trakatellis, Truscott, Ullmann, Va¤yrynen, Vallve·, Valverde Lo·pez, Vanhecke, Varela Suanzes-Carpegna, Verwaerde, Virrankoski, Voggenhuber, Walter, Watts, Weber, Weiler, Wemheuer, White, Wieland, Wilson, von Wogau, Wynn 1. 6. 98 EN Official Journal of the European Communities C 167/313 Friday 15 May 1998 (+) = For (›) = Against (O) = Abstention ANNEX Result of roll-call votes 1. Scarbonchi report A4-0141/98 Legislative resolution (+) ARE: Barthet-Mayer, Castagne‘de, Hory, Lalumie‘re, Leperre-Verrier, Macartney, Scarbonchi, Weber Jup ELDR: Bertens, Brinkhorst, Fassa, Kofoed, Nordmann, Olsson, Ryyna¤nen, Thors, Vallve·, Virrankoski GUE/NGL: Carnero Gonza·lez, Pettinari, Seppa¤nen NI: Amadeo PPE: Anastassopoulos, Bardong, Bianco, Bourlanges, Camiso·n Asensio, Colombo Svevo, Cushnahan, De Esteban Martin, Estevan Bolea, Fabra Valle·s, Fernandez Mart(cid:14)·n, Ferrer, Filippi, Fontaine, Gillis, Glase, Goepel, Graziani, Grossete(cid:136)te, Gu¤nther, von Habsburg, Hatzidakis, Heinisch, Herman, Keppelhoff-Wiechert, Kla(cid:223), Koch, Konrad, Langen, Lenz, Lulling, Malangre·, Mann Thomas, Matikainen-Kallstro¤m, Mayer, Menrad, Mosiek-Urbahn, Oomen-Ruijten, Pack, Pex, Piha, Poggiolini, Schleicher, Schwaiger, Siso· Cruellas, Tillich, Trakatellis, Varela Suanzes-Carpegna, Verwaerde, von Wogau PSE: Adam, Andersson Jan, Aparicio Sa·nchez, Balfe, Barton, Botz, Cabezo·n Alonso, Colajanni, Collins Kenneth D. , Correia, Delcroix, Desama, Falconer, Ford, Garc(cid:14)·a Arias, Garot, Gebhardt, Graenitz, Green, Ha¤nsch, Hallam, Hardstaff, Haug, Hoff, Hume, Iversen, Izquierdo Collado, Jo¤ns, Kindermann, Krehl, Kuhn, Kuhne, Lage, Lindeperg, Lo¤o¤w, McGowan, Mann Erika, Martin David W. , Medina Ortega, Miller, Miranda de Lage, Oddy, Paasilinna, Peter, Pons Grau, Rapkay, Rehder, Rothe, Schmid, Schulz, Skinner, Smith, Spiers, Stockmann, Tannert, Truscott, Walter, Watts, Wemheuer, White, Wibe, Wilson, Wynn UPE: d(cid:146)Aboville, Aldo, Baldi, Garosci, Karoutchi, Malerba, Pasty V: van Dijk, Graefe zu Baringdorf, Holm, Kerr, Kreissl-Do¤rfler, Schroedter, Scho¤rling, Telka¤mper, Ullmann, Voggenhuber I-EDN: Berthu, Blokland, van Dam, Fabre-Aubrespy, de Rose, Souchet NI: Dillen, Hager, Kronberger, Vanhecke (›) PPE: Gomolka, Kellett-Bowman, Lambrias, Martens, Robles Piquer, Schiedermeier, Schro¤der, Stenmarck, Valverde Lo·pez GUE/NGL: Jove· Peres, Mohamed Ali, Puerta PPE: Corrie, Habsburg-Lothringen, Posselt, Provan, Ru¤big (O) 2. Joint resolution › Use of antibiotics in animal feed Resolution (+) ELDR: Kestelijn-Sierens, Neyts-Uyttebroeck, Olsson, Thors, Va¤yrynen GUE/NGL: Manisco, Seppa¤nen I-EDN: Blokland, van Dam NI: Hager, Kronberger, Lukas C 167/314 EN Official Journal of the European Communities 1. 6. 98 Friday 15 May 1998 PPE: Camiso·n Asensio, Colombo Svevo, Corrie, De Esteban Martin, Estevan Bolea, Fabra Valle·s, Fontaine, Gillis, Grossete(cid:136)te, von Habsburg, Kellett-Bowman, Kla(cid:223), Lenz, Lulling, Martens, Matikainen-Kallstro¤m, Oomen-Ruijten, Pack, Piha, Posselt, Provan, Robles Piquer, Ru¤big, Schiedermeier, Siso· Cruellas, Stenmarck, Varela Suanzes-Carpegna PSE: Andersson Jan, Balfe, Elchlepp, Ford, Garc(cid:14)·a Arias, Garot, Gebhardt, Graenitz, Hallam, Hardstaff, Haug, Iversen, Jo¤ns, Lo¤o¤w, McGowan, Medina Ortega, Miranda de Lage, Pons Grau, Schulz, Wemheuer, Wynn UPE: Aldo, Bazin, Fitzsimons, Kaklamanis, Malerba, Pasty V: Gahrton, Graefe zu Baringdorf, Holm, Kerr, Kreissl-Do¤rfler, Lannoye, Schroedter, Scho¤rling, Telka¤mper, Ullmann, Voggenhuber 3. Estevan Bolea report A4-0145/98 Resolution (+) ARE: Weber Jup ELDR: Cars, Thors GUE/NGL: Jove· Peres NI: Hager, Kronberger PPE: Camiso·n Asensio, De Esteban Martin, Estevan Bolea, Filippi, Fontaine, Grossete(cid:136)te, Habsburg-Lothringen, Heinisch, Kellett-Bowman, Lenz, Martens, Matikainen-Kallstro¤m, Oomen-Ruijten, Robles Piquer, Ru¤big, Siso· Cruellas, Stenmarck PSE: Andersson Jan, Elchlepp, Hallam, Hardstaff, Hendrick, Hughes, Iversen, Lo¤o¤w, Medina Ortega, Pons Grau, Schulz, Wynn V: Graefe zu Baringdorf, Holm, Scho¤rling, Ullmann