title: Minutes of the sitting of Friday 3 April 1998

text: 4. 5. 98 EN Official Journal of the European Communities C 138/197 MINUTES OF THE SITTING OF FRIDAY 3 APRIL 1998 Friday 3 April 1998 (98/C 138/05) PART I Proceedings of the sitting IN THE CHAIR: Mr ANASTASSOPOULOS Vice-President › Mr Bourlanges who said that he had been present the previous day but that his name did not appear on the record of attendance. (The sitting opened at 9 a. m. ) 1. Approval of Minutes 2. Documents received The President had received: Mr Paasio had informed the Chair that he had been present the previous day but that his name was not on the attendance register. (a) Council: The following spoke: › Mr Wijsenbeek, who referred to Rule 24(5) in connection with his and Mr Anastassopoulos(cid:146)s report on the organization of parliamentary proceedings, drawn up on behalf of the Rules Committee, and said that it was his impression that the Conference of Presidents was delaying their inclusion in the agenda for reasons of substance; he pointed out that it was not entitled to do so (the President replied that, whatever the case, Parliament had the final say with regard to its agenda); › Mr Herman, on the vote on the Randzio-Plath report on the electoral system (A4-0110/98, Part I, Item 18); › Mr Martens, who said that he had been present the previous day but that his name did not appear on the record of attendance; › Mr Corbett on Mr Wijsenbeek(cid:146)s remarks; (aa) requests for opinions on: › Proposal for a Council Directive laying down minimum standards for the protection of laying hens kept in various systems of rearing (COM(98)0135 › C4-0196/98 › 98/ 0092(CNS)) referred to responsible: AGRI opinion: ENVI legal basis: Art. 43 EC › Proposal for a Council Decision concerning the approval, on behalf of the Community, of amendments to appendices II and III to the Bern Convention on the Conservation of European Wildlife and Natural Habitats adopted at the 17th Meeting of the Convention(cid:146)s Standing Committee (COM(98)0100 › C4-0198/98 › 98/0068(CNS)) referred to responsible: ENVI › Mr Hory, who said that he had been present on Monday but that his name did not appear on the record of attendance; legal basis: Art. 228(3) 1st subparagraph EC › Mr Ford on Mr Lataillade(cid:146)s remarks (Part I, Item 18); › Mr Falconer on the oral amendment to para. 5 in the Randzio-Plath report (Part I, Item 18); › Amended proposal concerning a Council Directive intro- ducing Community measures for the control of classical swine fever (consolidated version) (COM(97)0724 › C4-0199/98 › 95/0298(CNS)) › Mr Lataillade in reply to Mr Ford. The Minutes of the previous sitting were approved. referred to responsible: LEGA opinion: AGRI legal basis: Art. 43 EC * * * The following spoke: › Mr Hallam, who asked what had been done in response to his request on Friday 13 March 1998 (Part I, Item 13, at end) for the Friday sittings to be given equal television coverage (the President replied that the matter was being looked into but that it did not fall within the powers of the Bureau); › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Bulgaria in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0203/98 › 98/0078(CNS)) referred to responsible: ECON opinion: BUDG legal basis: Art. 130(3), 228(3) 1st subparagraph EC C 138/198 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of the Czech Republic in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0204/98 › 98/0079(CNS)) › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of the Slovak Republic in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0209/98 › 98/0084(CNS)) referred to responsible: ECON opinion: BUDG referred to responsible: ECON opinion: BUDG legal basis: Art. 130(3), 228(3) 1st subparagraph EC legal basis: Art. 130(3), 228(3) 1st subparagraph EC › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Estonia in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0205/98 › 98/0080(CNS)) referred to responsible: ECON opinion: BUDG legal basis: Art. 130(3), 228(3) 1st subparagraph EC › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Hungary in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0206/98 › 98/0081(CNS)) referred to responsible: ECON opinion: BUDG legal basis: Art. 130(3), 228(3) 1st subparagraph EC › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Poland in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0207/98 › 98/0082(CNS)) referred to responsible: ECON opinion: BUDG legal basis: Art. 130(3), 228(3) 1st subparagraph EC › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Romania in the Community programme in the field of small and medium-sized enterprises (COM(98)0113 › C4-0208/98 › 98/0083(CNS)) referred to responsible: ECON opinion: BUDG › Proposal for a Council Regulation on the common organ- isation of the market in sheepmeat and goatmeat (codified version) (COM(98)0088 › C4-0210/98 › 98/0062(CNS)) referred to responsible: LEGA opinion: AGRI legal basis: Art. 42, 43 EC › Proposal for a Council Decision concerning the Commun- ity position within the Association Council on the participation of Romania in the financial instrument of the Community in the field of environment (LIFE) (COM(98)0112 › C4-0211/98 › 98/0074(CNS)) referred to responsible: ENVI opinion: BUDG legal basis: Art. 130s(1), 228(3) 1st subparagraph EC › Proposal for a Council Directive on the registration and use within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertificated as meeting the standards of Volume I, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993) (COM(98)0098 › C4-0212/98 › 98/0070(SYN)) referred to responsible: ENVI opinion: TRAN legal basis: Art. 84(2) EC (ab) an opinion on a proposal for transfer of appropriations: › Opinion of the Council on transfer of appropriations No 3/98 between Chapters in Section VI › Economic and Social Committee › Committee of the Regions › of the General Budget for the European Union for the financial year 1998 (C4-0187/98) legal basis: Art. 130(3), 228(3) 1st subparagraph EC referred to responsible: BUDG 4. 5. 98 EN Official Journal of the European Communities C 138/199 (ac) the following texts: › Proposal for a Council Decision on the Community Statistical Programme 1998-2002: Accompanying document › (cid:145)Programme Themes(cid:146) Statistical (COM(97)0735 › C4-0197/98 › 98/0012(CNS)) presentation by referred to responsible: ECON opinion: committees concerned legal basis: Art. 213 EC › Council document on the main aspects and basic choices of CFSP, including implications for the Communities(cid:146) budget, presented to the European Parliament in application of point L of the interinstitutional agreement on provisions regarding financing of the Common Foreign and Security Policy (7087/ 98 › C4-0216/98) referred to responsible: FASE opinion: RELA, DEVE (b) Commission: (ba) proposals and communications: › Proposal for a European Parliament and Council Directive amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles (COM(97)0627 › C4- 0194/98 › 97/0350(COD)) referred to responsible: ENVI opinion: ECON legal basis: Art. 100a EC › Recommendation for a Council Recommendation pur- suant to Article 109j(2) EC (COM(98)1999 › C4-0200/98 › 98/0128(CNS)) referred to responsible: ECON opinion: BUDG, ESOC legal basis: Art. 109j(2) EC language available: FR › Communication: Public Procurement in the European Union (COM(98)0143 › C4-0202/98) referred to responsible: ECON opinion: LEGA, ESOC languages available: DE, EN, FR Friday 3 April 1998 › Amended proposal concerning a European Parliament and Council Directive on connected telecommunications equip- ment and the mutual recognition of the conformity of equip- ment (COM(98)0176 › C4-0213/98 › 97/0149(COD)) referred to responsible: ECON legal basis: Art. 100a EC › Communication: Implementation of the First Action Plan on Innovation in Europe (COM(97)0736 › C4-0218/98) referred to responsible: RTDE opinion: ESOC, BUDG, REGI, CULT, ECON (bb) the following texts: › Commission report on developments in relations with Turkey since the entry into force of the Customs Union (COM(98)0147 › C4-0217/98) referred to responsible: FASE opinion: BUDG, RELA, CIVI › Opinion on the European Parliament(cid:146)s amendments to the Council(cid:146)s common position concerning the proposal for pro- posal for a European Parliament and Council Directive on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionizing radiation (COM(98)0188 › C4-0214/98 › 00/0169(COD)) referred to responsible: ENVI legal basis: Art. 100a EC › Opinion on the European Parliament(cid:146)s amendments to the Council(cid:146)s common position concerning the proposal for a European Parliament and Council Directive on the approxima- tion of the laws of the Member States concerning foods and food radiation ionizing treated with (COM(98)0188 › C4-0215/98 › 00/0169B(COD)) ingredients referred to responsible: ENVI legal basis: Art. 100a EC (c) European Monetary Institute: › Convergence report › Report required by Article 109j of the Treaty establishing the European Community (C4-0201/98 › 98/0128(CNS)) referred to responsible: ECON opinion: BUDG, ESOC legal basis: Art. 109j (2) EC language available: EN C 138/200 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 3. Delegation of power of decision to commit- 6. Mutual assistance in criminal matters * tees (Rule 52) The President announced that the Conference of Presidents had decided pursuant to Rule 52(1) to delegate power of decision to: › the Committee on Economic and Monetary Affairs and Industrial Policy on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the competitiveness of the European Information and Communi- cation Technologies (ICT) Industries (COM(97)0152 › C4- 0386/97) (asked for opinions: ESOC, RTDE). 4. Authorization to draw up reports The following committees had been authorized to draw up reports: Committee on Employment and Social Affairs › Jobs for the future in Europe (opinion: ECON, ENVI) Committee on Development and Cooperation › European criteria for European companies operating in developing countries: towards a European code of conduct (opinion: RELA) Committee on Budgetary Control › Interest accruing on Community funds Committee on the Rules of Procedure, the Verification of Credentials and Immunities › Rules concerning honorary members › Implementation of Rule 9 and Annex I of the Rules of Procedure Committee on Institutional Affairs › Transparency and democratic control (Article A of the EU Treaty) (opinion: LEGA, PETI) Committee on Legal Affairs and Citizens(cid:146) Rights › Implementation of the Treaty: access to Institutions(cid:146) documents (Art. 191 EC) (opinion: INST, PETI) (vote) Buffetaut report› A4-0122/98 (Simple majority) I. DRAFT CONVENTION 5202/98 › C4-0062/98 › 98/ 0902(CNS): Amendments adopted: 1 to 9 collectively; 10; 11 to 14 collectively; 15 (part covering para. 3); 15 (rest of text); 16; 17 to 20 collectively Amendment not put to the vote (Rule 125(1)(e)): 21 The following spoke during the vote: › Mr Schulz pointed out before the final vote that the text which had been submitted to Parliament had been modified by the Council before Parliament had even given its opinion which in his view showed a serious lack of respect for Parliament (the President replied that this would be looked into). Parliament approved the Council draft as amended (Part II, Item 1). DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 1). II. DRAFT JOINT ACTION 13300/97 › C4-0069/98 › 98/0903(CNS) Amendments adopted: 22 and 24 to 27 collectively; 23 (1st part); 23 (2nd part); 23 (3rd part) Split votes: am. 23 (V): 1st part: introductory phrase 2nd part: point (a) 3rd part: point (b) Parliament approved the Council draft as amended (Part II, Item 1). DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 1). 5. Texts of agreements forwarded by the Coun- cil 7. Driving disqualifications Reding report › A4-0121/98 (Simple majority) * (vote) The President announced that he had received from the Council a certified true copy of the following text: DRAFT CONVENTION 5217/98 › C4-0061/98 › 98/ 0901(CNS): › agreement in the form of an exchange of letters amending the agreement in the form of an exchange of letters between the European Community and the Republic of Bulgaria on the reciprocal imposition of tariff quotas for certain wines Amendments adopted: 1 to 3 and 5 to 10 collectively; 11 to 13 collectively Amendments rejected: 4; 14 4. 5. 98 EN Official Journal of the European Communities C 138/201 Friday 3 April 1998 The following spoke during the vote: Parliament adopted the resolution by RCV (PPE): › before the vote opened, Mrs Reding, rapporteur, explained why she would recommend the House reject am. 4 in her report (to delete Article 4(1)(b)) and asked for the text of am. 7 to be checked in all languages and based on the French version, ensuring that the text contained the words (cid:145)inter alia(cid:146); › Mr Schulz supported Mrs Reding(cid:146)s oral amendment to am. 4 as did Mrs Thors, on behalf of the ELDR Group; Separate vote: am. 4 (PPE) Parliament approved the Council draft as amended (Part II, Item 2). DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 2). 8. Enlargement and justice and home affairs (vote) Posselt report › A4-0107/98 (Simple majority) MOTION FOR A RESOLUTION Amendments adopted: 2 (1st part); 2 (2nd part) by EV (116 for, 55 against, 6 abstentions); 2 (3rd part) by EV (105 for, 66 against, 6 abstentions); 2 (4th part); 2 (5th part); 1 Amendments rejected: 3; 4 by RCV; 5 Members voting: For: Against: Abstentions: (Part II, Item 3). 183 164 13 6 9. Duty-free sales (vote) Motions for resolutions B4-0424, 0425, 0426, 0427, 0428 and 0429/98 (Simple majority) MOTIONS FOR RESOLUTIONS B4-0424, 0426, 0427, 0428 and 0429/98: › joint motion for a resolution tabled by the following Members: Simpson, Alan J. Donnelly and McCarthy, on behalf of the PSE Group, Cornelissen, on behalf of the PPE Group, Pasty, on behalf of the UPE Group, Cox, on behalf of the ELDR Group, Moreau, on behalf of the GUE/NGL Group, Ewing, on behalf of the ARE Group, (Mrs McKenna and Mrs Ahern had also signed the motion) to replace these motions with a new text: Amendments adopted: 3; 4 by EV (100 for, 64 against, 6 abstentions); 6 by EV (107 for, 59 against, 2 abstentions); 1 Amendments rejected: 7; 8; 9; 2; 10 The different parts of the text were adopted in order. The different parts of the text were adopted in order. The following spoke during the vote: Separate votes: recitals H, I (I-EDN); paras. 1, 6, 9 (V); 10 (V, I-EDN, UPE); 11 and 12 (V); 15 (V, I-EDN); 20 (V) › the President pointed out before the vote opened that the V Group(cid:146)s amendments were not supported by Mrs McKenna or Mrs Ahern, both of whom had signed the joint motion; Split votes: am. 2 (PPE, PSE) 1st part: up to (cid:145)fundamental freedoms(cid:146) 2nd part: the words (cid:145)human rights(cid:146) 3rd part: the words (cid:145)particularly. implementation of(cid:146) 4th part: the words (cid:145)the Convention on the Rights of the Child(cid:146) 5th part: remainder Results of RCVs: am. 4 (ELDR): Members voting: For: Against: Abstentions: 180 33 139 8 Parliament adopted the resolution (Part II, Item 4). (Motion for a resolution B4-0425/98 fell. ) * * * Mr Posselt asked for the Dutch version of para. 16 in his report (A4-0107/98) to be checked against the German version. Explanations of vote were made by the following Members: Buffetaut report › A4-0122/98 › in writing: Kirsten M. Jensen, Blak, Sindal, Iversen Reding report › A4-0121/98 › in writing: Lindqvist C 138/202 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 Posselt report › A4-0107/98 › in writing: Berthu; Kirsten M. Jensen, Blak, Sindal, Iversen; Parigi; Holm Joint motion for a resolution › duty-free sales › orally: Corbett › in writing: Cox; Querbes * * * Corrections to votes › Members present but not voting Posselt report › A4-0107/98 › final vote: had intended to vote against: Lindqvist The following spoke: Mr Holm, deputizing for Mrs Bloch von Blottnitz, draftsman of the opinion of the Committee on Research, Mr Tillich, on behalf of the PPE Group, Mr Kakla- manis, on behalf of the UPE Group, Mr Virrankoski, on behalf of the ELDR Group, and Mr Seppa¤nen, on behalf of the GUE/NGL Group. IN THE CHAIR: Mr GUTIE· RREZ DI·AZ Vice-President The following spoke: Mr Holm, on behalf of the V Group, Mr Blot, Non-attached Member, Mr Gillis, Mrs Boogerd- Quaak, Mrs Piha, Mr Lindqvist, and Mrs Gradin, Member of the Commission. The President closed the debate. 10. Global navigation satellite system * (debate and vote) VOTE (Simple majority) Mrs Langenhagen introduced her report, drawn up on behalf of the Committee on Transport and Tourism, on the proposal for a Council Decision on the agreement between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (COM(97)0442 › C4-0043/98 › 97/0231(CNS)) (A4- 0109/98). The following spoke: Mr Stenmarck, on behalf of the PPE Group, Mr Malerba, on behalf of the UPE Group, Mr Scarbon- chi, on behalf of the ARE Group, Mr Van Dam, on behalf of the I-EDN Group, Mr Ru¤big and Mrs Gradin, Member of the Commission. The President closed the debate. VOTE (Simple majority) PROPOSAL FOR A DECISION COM(97)0448 › C4-0499/97 › 97/0235(CNS): Amendments adopted: 1 to 3 collectively; 12 as amended; 4 to 6 collectively; 7; 8 and 9 collectively; 10; 17 by EV (41 for, 25 against, 3 abstentions) Amendments rejected: 13; 14 by EV (20 for, 43 against, 4 abstentions) 15; 16 Amendment fallen: 11; The following spoke during the vote: › Mr Holm, before the vote on am. 12, withdrew on behalf of the V Group the word (cid:145)primarily(cid:146) and Mr Adam, rapporteur, announced that he could support the amendment as a result. Parliament approved the Commission proposal as amended (Part II, Item 6). DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 5). DRAFT LEGISLATIVE RESOLUTION: Explanations of vote: › in writing: Nicholson Parliament adopted the legislative resolution by RCV (PPE): Members voting: For: Against: Abstentions: (Part II, Item 6). 70 68 0 2 11. Chernobyl Shelter Fund * (debate and vote) Mr Adam introduced his report, drawn up on behalf of the Committee on Budgets, on the proposal for a Council Decision concerning a Community Contribution to the European Bank for Reconstruction and Development (EBRD) for the Cherno- byl Shelter Fund (COM(97)0448 › C4-0499/97 › 97/ 0235(CNS)) (A4-0076/98). (Mr Gutie·rrez D(cid:14)·az had said that he had not taken part in the vote). Explanations of vote were made by the following Members: › in writing: Ru¤big, Habsburg-Lothringen, Flemming; Pirk- er; Rack; Schierhuber; Stenzel 4. 5. 98 EN Official Journal of the European Communities C 138/203 Friday 3 April 1998 12. EC-US agreement on positive comity and 13. Membership of committees competition laws * (debate and vote) Mr Malerba introduced his report, drawn up on behalf of the Committee on External Economic Relations, on the proposal for a Council and Commission Decision concerning the conclusion of the Agreement between the European Commu- nities and the Government of the United States of America regarding the application of positive comity principles in the enforcement of their competition laws (COM(97)0233 › C4-0559/97 › 97/0178(CNS)) (A4-0104/98). The following spoke: Mrs Karamanou, on behalf of the PSE Group, Mr Kittelmann, on behalf of the PPE Group, Mr Sep- pa¤nen, on behalf of the GUE/NGL Group, Mr Souchet, on behalf of the I-EDN Group, Mr von Habsburg and Mrs Gradin, Member of the Commission. The President closed the debate. VOTE (Simple majority) DRAFT LEGISLATIVE RESOLUTION: Parliament adopted the legislative resolution (Part II, Item 7). * * * At the request of the PPE Group, Parliament ratified the appointment of Mr Moorhouse to replace Mr Mather as member of the Committee on External Economic Relations. 14. Written declarations (Rule 48) Pursuant to Rule 48(3), the President announced the number of signatures to these declarations: No 2/98 3/98 5/98 6/98 Author Signatures Fabre-Aubrespy Ru¤big Sornosa Mart(cid:14)·nez Dell(cid:146)Alba 52 154 71 6 15. Forwarding of texts adopted during the sit- ting 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. The following spoke: 16. Dates for next sittings › Mr Ru¤big who pointed out under Rule 19(4) that the deadline for signatures to his written declaration on safety in Brussels, which had so far received 154 signatures, expired that day; thanked the President of Parliament for the action he had already taken and asked him to continue, and to inform the House of the results; The President announced that the next sittings would be held from 29 to 30 April 1998. 17. Adjournment of session › Mr Manisco who pointed out that he had voted against the Malerba report; The session was adjourned. › Mr Schulz on Mr Ru¤big(cid:146)s remarks. (The sitting closed at 11. 40 a. m. ) Julian PRIESTLEY Secretary-General Jose· Mar(cid:14)·a GIL-ROBLES GIL-DELGADO President C 138/204 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 PART II Texts adopted by the European Parliament 1. Mutual assistance in criminal matters * A4-0122/98 I. Draft Convention on mutual assistance in criminal matters between the Member States of the European Union (5202/98 › C4-0062/98 › 98/0902(CNS)) The draft was approved with the following amendments: TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 4a (new) Firmly believing that improving judicial cooperation in criminal matters is a factor of fundamental importance in combating organized crime; (Amendment 2) Recital 6 Considering that the provisions of those Conventions remain applicable for all matters not covered by this Convention; Considering that, pending the production, in due course, of a single codified version for the Member States of the Union, the provisions of those Conventions remain applicable for all matters not covered by this Convention; (Amendment 3) Article 1(2) Paragraph 1 shall not affect the application of more 2. favourable provisions in bilateral or multilateral agreements between Member States or, as provided for in Article 26(4) of the 1959 Convention, arrangements in the field of mutual assistance in criminal matters agreed on the basis of uniform legislation or of a special system providing for the reciprocal application of measures of mutual assistance in their respective territories. 2. Paragraph 1 shall not affect the application of provisions in bilateral or multilateral agreements between Member States or, as provided for in Article 26(4) of the 1959 Convention, arrangements in the field of mutual assistance in criminal matters agreed on the basis of uniform legislation or of a special system providing for the reciprocal application of measures of mutual assistance in their respective territories, provided that in both cases these provisions actually result in more effective cooperation. (Amendment 4) Article 1a (new) Article 1a Where any doubt arises, this Convention shall be applied in accordance with the interpretation following from Art- icle 1(1) of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. 4. 5. 98 EN Official Journal of the European Communities C 138/205 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT The Member States may agree, in accordance with the provisions of the third subparagraph of Article K. 3 (2)(c), that the Court of Justice shall have jurisdiction to interpret the provisions of this Convention and to rule on any disputes regarding their application. (Amendment 5) Article 3(1) 1. Where mutual assistance is afforded and provided that such formalities and procedures are not contrary to the fundamental principles of criminal procedure in the requested Member State, the Member States shall undertake to comply, unless otherwise provided in this Convention, for purposes of executing letters rogatory, with formalities and procedures expressly indicated by the requesting Member State. The re- quested Member State shall execute the request for assistance as soon as possible and shall take as full account as possible of any deadlines set by the requesting Member State. The requesting Member State shall explain the reason for the deadline. 1. Where mutual assistance is afforded, the Member States shall undertake to comply, unless otherwise provided in this Convention, for purposes of executing letters rogatory, with formalities and procedures expressly indicated by the request- ing Member State, in accordance with its national legal system, the treaties and other agreements in force and the general principles of law and criminal procedure recog- nized by the Member States. The requested Member State shall execute the request for assistance within the prescribed period and shall take as full account as possible of any procedural deadlines set by the requesting Member State. The requesting Member State shall explain the reason for the deadline. (Amendment 6) Article 3(2) 2. Where the request cannot, or cannot fully, be executed in accordance with the requirements or within any deadlines set by the requesting Member State, the authorities of the requested Member State shall promptly inform the authorities of the requesting Member State and indicate the conditions under which it might be possible to execute the request and the likely period required for execution. The authorities of the requesting and the requested Member State may subsequently agree on further action to be taken concerning the request, where necessary making such action subject to the fulfilment of those conditions. 2. Where the request cannot, or cannot fully, be executed in accordance with the time-limits and requirements or within any deadlines set by the requesting Member State, the authori- ties of the requested Member State shall promptly inform the authorities of the requesting Member State and indicate the conditions under which it might be possible to execute the request and the period required for execution. The authorities of the requesting and the requested Member State may subsequently agree on further action to be taken concerning the request, where necessary making such action subject to the fulfilment of those conditions. (Amendment 7) Article 5(1) At the request of the requesting Member State and 1. without prejudice to the rights of bona fide third parties, the requested Member State may place articles obtained by criminal means at the disposal of the requesting State with a view to their return to their rightful owners. At the request of the requesting Member State and 1. without prejudice to the rights of bona fide third parties, the requested Member State shall place articles obtained by criminal means at the disposal of the requesting State with a view to their return to their rightful owners. (Amendment 8) Article 6(3)(b) (b) the nature of the criminal investigation; (b) the nature of the criminal investigation and an indication of the main evidence gathered in respect of the subject of the investigation; C 138/206 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 9) Article 6(8) 8. Nothing in this Article shall preclude any bilateral or multilateral cooperation between Member States on intercep- tion matters which falls within the scope of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. 8. Nothing in this Article shall preclude any bilateral or multilateral cooperation between Member States on intercep- tion matters which falls within the scope of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, provided that the condition laid down in Art- icle 1(2) is fulfilled, and having due regard, in addition, for the measures necessary for the protection of fundamental human rights. (Amendment 10) Article 10 1. Each Member State shall undertake to ensure that, at the request of another Member State, controlled deliveries may be permitted on its territory in the framework of criminal investigations into extraditable offences. 1. Each Member State shall undertake to ensure that, at the request of another Member State, controlled deliveries may be permitted on its territory in the framework of criminal investigations. 2. The decision to carry out controlled deliveries shall be taken in each individual case by the competent authorities of the requested Member State, with due regard for the national law of that State. 2. The decision to carry out controlled deliveries shall be taken in each individual case by the competent authorities of the requested Member State, with due regard for the national law of that State. 3. Controlled deliveries shall take place in accordance with the procedures of the requested Member State. Competence to act and to direct operations shall lie with the competent authorities of that Member State. 3. Controlled deliveries shall take place in accordance with the procedures laid down in Article 3(1). Competence to act and to direct operations shall lie with the authorities of the requested Member State. (Amendment 11) Article 11(2), introduction Procedural documents may be sent via the competent 2. authorities of the requested Member State if Procedural documents may be sent via the competent 2. authorities of the requested Member State only if (Amendment 12) Article 12(5a) (new) 5a. The person to be heard may, upon receipt of the summons to appear, at any time inform the judicial authorities of the requested Member State of his intention to appear in person on the territory of the requesting Member State. In that case, the competent authorities of the requesting and requested Member States shall, by common accord, take the most appropriate measures. (Amendment 13) Article 12(6)(d) (d) at the request of the requesting Member State the requested Member State shall ensure that the person to be heard is assisted by an interpreter, if necessary. (d) at the request of the requesting Member State or the person to be heard the requested Member State shall ensure that the latter is assisted by an interpreter, if necessary. 4. 5. 98 EN Official Journal of the European Communities C 138/207 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 14) Article 14 The competent authorities of the Member States may, 1. within the limits of their national law and without a request to that effect, exchange information relating to criminal offences or infringements of regulations, as referred to in Article 2(1), the punishment or handling of which falls within the compe- tence of the receiving authority at the time the information is provided. The competent authorities of the Member States shall, within the limits of their national law and without a request to that effect, undertake to exchange information relating to criminal offences or infringements of regulations, as referred to in Article 2(1), the punishment or handling of which falls within the competence of the receiving authority at the time the information is provided. 2. The providing authority may, pursuant to its national law, impose conditions on the use of such information by the receiving authority. The information provided shall be used in accordance with the conventions in force and the legal system of the receiving authority. The receiving authority shall be bound by those condi- 3. tions. (Amendment 15) Article 15(3), (4) and (5) 3. A Member State may declare, in a statement to be sent to the depositary of this Convention, that its judicial authorities do not, or do not in general, have authority to execute direct requests and that requests and information must therefore be sent via the central authority or authorities of the Member State to the extent indicated in the statement. The Member State may at any time amend its statement by means of a communi- cation to be made to the depositary and any such amendment shall be for the purpose of giving greater effect to paragraph 1. 4. Any request as referred to in paragraph 1 may, for the sake of speed, be made via the International Criminal Police Organization (Interpol) or any other body competent under provisions introduced pursuant to the Treaty on European Union. Subject to statements made in accordance with para- 5. graph 3, paragraph 1 shall apply to requests for controlled deliveries, as referred to in Article 10 and to requests for covert investigations referred to in Article 15a. Where the competent authority is a judicial authority in one Member State and a police or customs authority in the other, requests shall be made and answered directly between those authorities. Deleted 4. Any request as referred to in paragraph 1 may, for the sake of speed, be made via the International Criminal Police Organization (Interpol), the European Police Office (Euro- pol), once it is operational, or any other body competent under provisions introduced pursuant to the Treaty on Euro- pean Union. Paragraph 1 shall apply to requests for controlled deliv- 5. eries, as referred to in Article 10 and to requests for covert investigations referred to in Article 15a. Where the competent authority is a judicial authority in one Member State and a police or customs authority in the other, requests shall be made and answered directly between those authorities. (Amendment 16) Article 15a(3) 3. Covert investigations shall take place in accordance with the procedures of the requested Member State. Competence to act and to direct operations shall lie with the competent authorities of that Member State. 3. Covert investigations shall take place in accordance with the procedures laid down in Article 3(1). Competence to act and to direct operations shall lie with the competent authorities of the requested Member State. C 138/208 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 17) Article 17 Reservations against this Convention are not permitted, with the exception of that referred to in Article 15(3). Reservations against this Convention are not permitted. (Amendment 18) Article 18(3), (4) and (5) This Convention shall enter into force 90 days after the 3. notification referred to in paragraph 2 by the State, Member of the European Union at the time of adoption by the Council of the Act drawing up this Convention, which is last to complete that formality. This Convention shall enter into force 30 days after the 3. notification referred to in paragraph 2 by the State, Member of the European Union at the time of adoption by the Council of the Act drawing up this Convention, which is last to complete that formality. 4. Until this Convention enters into force, any Member State may, when giving the notification referred to in para- graph 2 or at any other time, declare that as far as it is concerned this Convention shall apply to its relations with Member States which have made the same declaration. Such declarations shall take effect 90 days after the date of deposit thereof. 4. Until this Convention enters into force, any Member State may, when giving the notification referred to in para- graph 2 or at any other time, declare that as far as it is concerned this Convention shall apply to its relations with Member States which have made the same declaration. Such declarations shall take effect 30 days after the date of deposit thereof. 5. This Convention shall apply only to requests submitted after the date on which it enters into force or is applied as between the requested Member State and the requesting Member State. This Convention shall apply only to requests for mutual 5. assistance submitted after the date on which it enters into force or is applied as between the requested Member State and the requesting Member State. (Amendment 19) Article 19(4) 4. This Convention shall enter into force with respect to any State which accedes to it 90 days after the deposit of its instrument of accession or on the date of entry into force of this Convention if it has not already entered into force at the time of expiry of the said period of 90 days. 4. This Convention shall enter into force with respect to any State which accedes to it 30 days after the deposit of its instrument of accession or on the date of entry into force of this Convention if it has not already entered into force at the time of expiry of the said period of 30 days. (Amendment 20) Article 20(2) 2. The depositary shall publish in the Official Journal of the European Communities information on the progress of adop- tions and accessions, statements and reservations and also any other notification concerning this Convention. 2. The depositary shall publish in the Official Journal of the European Communities information on the progress of adop- tions and accessions, statements and also any other notification concerning this Convention. Legislative resolution embodying Parliament(cid:146)s opinion on the draft Convention on mutual assistance in criminal matters between the Member States of the European Union (5202/98 › C4-0062/98 › 98/0902(CNS)) (Consultation procedure) The European Parliament, › having regard to the Council draft (5202/98 › 98/0902(CNS)), › having been consulted by the Council pursuant to Article K. 6, 2nd paragraph, of the Treaty on European Union (C4-0062/98), 4. 5. 98 EN Official Journal of the European Communities C 138/209 Friday 3 April 1998 › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Legal Affairs and Citizens(cid:146) Rights (A4-0122/98), › whereas the draft submitted to it is incomplete, Approves the draft of the Council Presidency with regard to the part submitted to it, subject to 1. Parliament(cid:146)s amendments; 2. Requests the Council to amend its draft accordingly; Requests the Council to inform Parliament should the Council intend to depart from the text 3. approved by Parliament; 4. 5. Asks to be consulted again once the Council has drawn up a complete draft Convention; Instructs its President to forward this opinion to the Council and Commission. Draft Joint Action on good practice in mutual legal assistance in criminal matters (13300/97 › C4-0069/98 › 98/0903 (CNS)) II. The draft was approved with the following amendments: TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 22) Article 1(1) Each Member State shall deposit with the General 1. Secretariat of the Council of the European Union within 12 months of the coming into force of this Joint Action a Statement of good practice in executing requests from other Member States and sending requests to other Member States for legal assistance in criminal matters. Each Member State shall deposit with the General 1. Secretariat of the Council of the European Union within six months of the coming into force of this Joint Action a Statement of good practice in executing requests from other Member States and sending requests to other Member States for legal assistance in criminal matters. (Amendment 23) Article 1(2), introduction and (a) and (b) The Statements referred to in paragraph 1 shall include 2. undertakings: The Statements referred to in paragraph 1 shall include 2. undertakings: (a) to acknowledge on receipt all requests, and written enquiries about the execution of requests, for assistance in obtaining evidence; (a) to acknowledge on receipt and in writing all requests, and written enquiries about the execution of requests, for assistance in obtaining evidence; (b) when acknowledging the requests and enquiries referred to in this paragraph, to provide the requesting authorities with the name and contact details, including telephone and fax numbers and 24 hour emergency contact numbers, of the person having responsibilities for executing the request; (b) when acknowledging the requests and enquiries referred to in this paragraph, to provide the requesting authorities as soon as possible with the name and contact details, including telephone and fax numbers and 24 hour emer- gency contact numbers, of the person having responsibil- ities for executing the request; C 138/210 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 24) Article 1(3) 3. Any Statement submitted in accordance with this Article may, without prejudice to paragraph 2, be modified at any time by the Member State which made it by means of a further Statement deposited with the General Secretariat of the Council of the European Union. Any such further Statement shall be for the purposes of further improving good practice in executing requests for legal assistance in criminal matters. 3. Any Statement submitted in accordance with this Article may, without prejudice to paragraph 2, be modified at any time by the Member State which made it by means of a further Statement deposited with the General Secretariat of the Council of the European Union. Any such further Statement amending the previous statement shall be for the purposes of further improving good practice in executing requests for legal assistance in criminal matters, in the spirit of Article 1(1) of the European Convention on Mutual Assistance in Crimi- nal Matters of 20 April 1959. Any Statement submitted in accordance with this 3a. Article, including the amending Statements referred to in paragraph 3, shall immediately be placed at the disposal of the European Judicial Network. (Amendment 25) Article 2 Without prejudice to the mechanism for evaluating the appli- cation and implementation at national level of international undertakings, adopted by the Council on. December 1997, each Member State shall monitor compliance with its under- takings made in accordance with Article 1, and the times taken to execute requests for assistance from other Member States, and shall establish targets for improving compliance and reducing times taken. Each year before 1 April, each Member State shall deposit with the General Secretariat of the Council of the European Union an Annual Report on the results of this monitoring. The first Annual Report of each Member State shall be deposited no later than 1 April [1999] and shall cover the period from deposit, in accordance with paragraph 1 of Article 1, of the first Statement of the Member State to 1 January [1999]. Without prejudice to the mechanism for evaluating the appli- cation and implementation at national level of international undertakings, adopted by the Council on. December 1997, each Member State shall draw up each year a report on compliance with its undertakings made in accordance with Article 1, containing summaries and statistics on the execution of requests for assistance received from other Member States, and may, if necessary, indicate targets for improving compliance and the time taken to carry out mutual assistance. This report shall be deposited each year before 1 April with the General Secretariat of the Council of the European Union, which shall immediately make it available to the European Judicial Network. The first Annual Report of each Member State shall be deposited no later than 1 April [1999] and shall cover the period from deposit, in accordance with paragraph 1 of Article 1, of the first Statement of the Member State to 1 January [1999]. European Judicial Network Report of the European Judicial Network (Amendment 26) Article 3, title (Amendment 27) Article 3 The General Secretariat of the Council of the European Union shall make the Statements referred to in Article 1 and the Annual Reports referred to in Article 2 available to the European Judicial Network as soon as they are deposited. The European Judicial Network shall draw up each year before 1 July a report for the Council summarizing the situation in the European Union and evaluating the nation- al reports against the statements referred to in Article 1. It shall provide summaries containing supporting statistics with regard to the functioning of mutual assistance in criminal matters, and shall make recommendations. 4. 5. 98 EN Official Journal of the European Communities C 138/211 Friday 3 April 1998 TEXT PROPOSED BY THE COUNCIL AMENDMENTS BY PARLIAMENT The annual report of the European Judicial Network shall be made available to the Member States, which may send their observations and comments to the General Secretar- iat of the Council, and shall also be forwarded to the Commission and the European Parliament for information. Legislative resolution embodying Parliament(cid:146)s opinion on the draft Joint Action on good practice in mutual legal assistance in criminal matters (13300/97 › C4-0069/98 › 98/0903 (CNS)) (Consultation procedure) The European Parliament, › having regard to the Council draft (13300/98 › 98/0903(CNS)), › having been consulted by the Council pursuant to Article K. 6, 2nd paragraph, of the Treaty on European Union (C4-0069/98), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Legal Affairs and Citizens(cid:146) Rights (A4-0122/98), 1. 2. Approves the Council draft, subject to Parliament(cid:146)s amendments; Requests the Council to amend its draft accordingly; Calls for the Council to inform Parliament should the Council intend to depart from the text 3. approved by Parliament; 4. 5. Asks to be consulted again should the Council intend to make substantial modifications to its; Instructs its President to forward this opinion to the Council and Commission. 2. Driving disqualifications * A4-0121/98 Draft Convention on driving disqualifications (5217/98 › C4-0061/98 › 98/0901(CNS)) The draft was approved subject to the following amendments: COUNCIL DRAFT AMENDMENTS BY PARLIAMENT (Amendment 1) Article 2a(1) 1. The State of the offence shall without delay notify the State of residence of any driving disqualification imposed for an offence arising from conduct referred to in the Annex. The State of the offence shall without delay, and at the 1. latest within seven working days, notify the State of resi- dence of any driving disqualification imposed for an offence arising from conduct referred to in the Annex. C 138/212 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 COUNCIL DRAFT AMENDMENTS BY PARLIAMENT (Amendment 2) Article 3(5) 5. When giving the notification referred to in Article 12(2), each Member State shall indicate in a declaration which of the procedures described in paragraph 1 it intends to apply in its capacity as a State of residence. The declaration made may be replaced by a new declaration at any time. 5. When giving the notification referred to in Article 12(2), each Member State shall indicate in a declaration which of the procedures described in paragraph 1 it intends to apply in its capacity as a State of residence. The declaration made may not be replaced by a new declaration unless it replaces the procedure described under (c) with one of the procedures described under (b) and (a), or the procedure described under (b) with the procedure described under (a). (Amendment 3) Article 3(5a) (new) 5a. If the State of residence applies one of the procedures referred to in paragraph 1(b) or paragraph 1(c), it shall undertake to ensure that an administrative or judicial decision is made within four weeks of receipt of the notification from the State of the offence. (Amendment 5) Article 4(1)(ca) (new) (ca) driving disqualification is not a measure available under the legislation of that State for the acts giving rise to the driving disqualification imposed by the State of the offence. (Amendment 6) Article 4(1)(cb) (new) (cb) the period of limitation for the measure would have expired under its own legislation; (Amendment 7) Article 4(1)(cc) (new) (cc) it considers that the person concerned has not had an adequate opportunity, inter alia on account of lan- guage problems, to defend himself. (Amendment 8) Article 4(2)(c) (c) driving disqualification is not a measure available under the legislation of that State for the acts giving rise to the driving disqualification imposed by the State of the offence; Deleted 4. 5. 98 EN Official Journal of the European Communities C 138/213 Friday 3 April 1998 COUNCIL DRAFT AMENDMENTS BY PARLIAMENT (Amendment 9) Article 4(2)(d) (d) the period of limitation for the measure would have Deleted expired under its own legislation; (e) it considers that the person concerned has not had an Deleted adequate opportunity to defend himself. (Amendment 10) Article 4(2)(e) (Amendment 11) Article 6(1), first indent › details serving to locate the person disqualified from driving; › details serving to locate the person disqualified from driving which may extend only to personal data and particulars justifying the disqualification; (Amendment 12) Article 8 Any Member State may, when giving the notification referred to in Article 12(2), reserve the right to execute within its territory any decision notified by it in accordance with Art- icle 2a(1) for the period not covered by execution in accord- ance with Article 3 of the decision by the State of residence. Deleted (Amendment 13) Article 9 Each Member State shall adopt the measures necessary to penalize the driving of a motor vehicle during the period for which the driver is disqualified from driving in implementation of this Convention. Each Member State shall adopt the measures necessary to penalize the driving of a motor vehicle during the period for which the driver is disqualified from driving by an adminis- trative or judicial decision of the State of residence, in implementation of this Convention. Legislative resolution embodying Parliament(cid:146)s opinion on the draft Convention on driving disqualifications (5217/98 › C4-0061/98 › 98/0901(CNS)) (Consultation procedure) The European Parliament, › having regard to the Council proposal (5217/98 › 98/0901 (CNS)), › having been consulted by the Council pursuant to Article K. 6(2) of the Treaty on European Union (C4-0061/98), C 138/214 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0121/98), 1. Approves the Council 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; 3. Instructs its President to forward this opinion to the Council and Commission. 3. Enlargement and justice and home affairs A4-0107/98 Resolution on the implications of enlargement of the European Union for cooperation in the field of justice and home affairs The European Parliament, › having regard to the Amsterdam Treaty, which is pending ratification, to the future Title VI of the EU Treaty concerning provisions on police and judicial cooperation in criminal matters and future Title IV (hitherto Title IIIa) of the EC Treaty concerning visas, asylum, immigration and other policies concerning the free movement of persons, › having regard to the Commission communication (cid:145)Agenda 2000 › a stronger and wider Union(cid:146) (COM(97)2000 › C4-0371/97) concerning the eligibility of the individual states of Central and Eastern Europe for accession to the European Union, › having regard to the conclusions of the meetings of the European Council in Strasbourg (8-9 December 1989), Copenhagen (21-22 June 1993), Essen (9-10 December 1994), Madrid (15-16 December 1995) and Luxembourg (12-13 December 1997), › having regard to its resolution of 19 November 1997 on the Amsterdam Treaty (CONF 4007/97 › C4-0538/97) (1), › having regard to its resolutions of 4 December 1997 on the Commission communication (cid:145)Agenda 2000 › a stronger and wider Union(cid:146) (COM(97)2000 › C4-0371/97 (2) and of 18 December 1997 on the conclusions of the European Council(cid:146)s meetings in Luxembourg on 21 November and 12-13 December 1997 and on the Luxembourg Presidency (3), › having regard to the opinion of the Committee on Civil Liberties and Internal Affairs of 8 October 1997 in the report on the Commission communication on (cid:145)Agenda 2000 › a stronger and wider Union(cid:146) (COM(97)2000 › C4-0371/97) (4), › having regard to Rule 148 of its Rules of Procedure, › having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Institutional Affairs (A4-0107/98), A. whereas, following their peaceful self-liberation in the wake of the collapse of the Communist systems, the nations of Central and Eastern Europe have made vigorous efforts to build democratic states governed by the rule of law, B. whereas any country in Europe which has stable democratic institutions governed by the rule of law has a fundamental right to become part of the European Union at its own request, (1) OJ C 371, 8. 12. 1997, p. 99. (2) OJ C 388, 22. 12. 1997, pp. 17 and 31. (3) Minutes of that sitting, Part II, Item 8. (4) Published in report A4-0368/97. 4. 5. 98 EN Official Journal of the European Communities C 138/215 Friday 3 April 1998 C. aware of the tremendous effort required after decades of totalitarian regimes to develop the rule of law and to train new leaders, civil servants, judges, public prosecutors and police officers, D. confirming the four criteria laid down at the Copenhagen European Council in 1993 which, in addition to adopting Community law and the acquis communautaire also lay down the conditions for the accession of the countries of Central and Eastern Europe, including (cid:145)stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities(cid:146) and the ability to take on the obligations of membership relating to the acquis communautaire, E. whereas the Union has a duty, at the stage of negotiations on enlargement, to promote full compliance by the applicant countries with the principles of a state governed by the rule of law, F. whereas in many of the applicant countries significant efforts have still to be made in the fields of the fight against organized crime (particularly car theft, traffic in human beings, drug trafficking, money laundering and trade mark protection offences), the right of asylum, combating corruption, the development of effective customs authorities and the protection of privacy, G. having regard to the cooperation in the area of the third pillar that has developed between the European Union and the applicant countries in Central and Eastern Europe, which must be expanded considerably in the context of the pre-accession strategy and the structured dialogue in response to the challenges arising through the opening of the borders, H. whereas, pursuant to the Amsterdam Treaty, the European Union and the European Community must put into effect an ambitious programme for creating a European asylum and immigration law together with police and judicial cooperation in criminal matters which considerably changes the acquis communautaire in the course of the accession procedure and presents the applicant countries with major new challenges, I. having regard to the provisions of the Amsterdam Treaty (future Article 62 of the EC Treaty) stipulating that, within a period of five years after the Treaty enters into force, measures must be adopted on visas, asylum and immigration law and other policies concerning the free movement of persons, J. having regard to future Article 29 (hitherto Article K. 1) of the EU Treaty, according to which the Union(cid:146)s objective shall be (cid:145)to provide citizens with a high level of safety within an area of freedom, security and justice(cid:146), in particular through closer cooperation between police, customs and other competent authorities, through the involvement of the European Police Office (Europol), closer cooperation between the judicial authorities and the approximation of Member States(cid:146) rules on criminal matters, K. whereas the period during which these policies are developed and the areas of asylum and immigration are brought within the Community sphere will roughly coincide with the period in which the enlargement negotiations enter their crucial phase or are, possibly, even on the verge of conclusion, L. whereas customs authorities at external borders have a particular responsibility, over and above their normal duties, for preventing the import of prohibited goods (drugs, weapons, fissile material etc. ), 1. Calls on the Council, the Commission and the Member States to use the accession talks with all 10 applicant countries in Central and Eastern Europe, the more intensive negotiations with the most eligible of them, and the Europe Conference, to prepare them for the common attainment of the objectives set out in Title VI of the EU Treaty and Title IV of the EC Treaty (following Amsterdam); 2. Calls for the European Union, in its negotiations with the applicant countries, to place the emphasis not only on police and judicial cooperation but also on promoting and reinforcing the rule of law, and in particular on accession to and full compliance with the international conventions on human rights, the right of asylum, the rights of the child, the permanent abolition of the death penalty, the abolition of all forms of discrimination, respect for minorities and minority languages, the protection of personal data and privacy; C 138/216 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 3. Considers that, whatever preparatory work is undertaken by the applicant countries, enlargement may prevent the following Amsterdam Treaty provisions relating to justice and home affairs from functioning satisfactorily: › adoption, within a period of five years after the entry into force of the Treaty, of measures relating to the crossing of external borders, the abolition of controls at internal borders, asylum and immigration, with a view to ensuring the free movement of persons (Article 61/73i); › possible decision to make the Article 189b procedure applicable to the above areas (Article 67/73o); › decision to establish closer cooperation (Article 40/K. 12); Considers it essential for the provisions relating to the field of justice and home affairs to be revised 4. at the time of the institutional reform which must be carried out before the first enlargement; 5. Is concerned at the risk (aggravated by enlargement) that Article 35/K. 7 will cause the EU(cid:146)s jurisdiction to become fragmented as regards the power of the Court of Justice to give preliminary rulings on matters falling within the scope of Title VI of the Treaty on European Union; 6. Welcomes the decision of the Council of Ministers of Justice and Home Affairs at their meeting on 29 and 30 January 1998 to invite their colleagues from the applicant countries to conclude (cid:145)pre- membership pacts(cid:146) on combating organized crime, and calls on the Council in its preparations for enlargement to give higher priority to the incorporation and implementation of the third pillar acquis; 7. Reminds the Commission of its obligation to attach particular importance in its annual reports on the development of the 10 applicant countries to the implementation of fundamental freedoms, human rights, particularly the progress in the implementation of the Convention on the Rights of the Child, as well as the rights of minorities, the consolidation of the rule of law, the elimination of discriminatory provisions and the wholesale adoption of the ever-expanding acquis communautaire; 8. Is resolved to open up EU programmes further for use by the countries of Central and Eastern Europe and, in the longer term, by the countries neighbouring the applicant countries, in particular those for the training and education of civil servants and the exchange of police officers and members of the judiciary, and to increase their appropriations accordingly; 9. Calls on the Commission, the Court of Justice, Europol, the constitutional and supreme courts and the police forces of the Member States to involve themselves to a greater extent in further and advanced training of the judiciary and police forces in the applicant countries, on the basis of Community or bilateral programmes and notes that this is of great importance in the interests of early accession to the Schengen Convention, to which all the candidate countries aspire; Proposes the establishment of a European Academy for Internal Security in the current border area 10. between the European Union and the applicant countries to be responsible for training police forces and border control forces in the European Union and the applicant countries in order to prepare them for the use of Community law and the implementation of common and Community measures; Calls for systematic cooperation between Europol and the competent police authorities in the 11. applicant countries following the entry into force of the Europol Convention; 12. Calls for the measures provided in Title VI of the TEU (following Amsterdam) on police and judicial cooperation to be extended as comprehensively and promptly as possible to the applicant countries in Central and Eastern Europe, especially in the following areas: › operational cooperation between the responsible authorities › including the police, customs and prosecuting authorities › on the prevention of criminal acts, their detection and investigation, › cooperation and joint initiatives on basic and further training (in the context of the PHARE programme and through Community programmes such as Robert Schuman, Sherlock and Odysseus, etc. ), › exchange of liaison officers and secondments, › use of items of equipment and forensic research, › joint evaluation of particular investigative techniques for detection of serious forms of organized crime and the establishment of a network for research, documentation and statistics on cross-border crime, 4. 5. 98 EN Official Journal of the European Communities C 138/217 Friday 3 April 1998 › gradual approximation of criminal law and joint prosecution of cross-border criminal acts in the areas of organized crime, terrorism, trafficking in people, sexual abuse of children, trafficking in drugs, arms, radioactive material, works of art and valuable cultural items; 13. Requests the Council to submit a comprehensive report annually to Parliament on cooperation between the European Union and its Member States, on the one hand, and the 10 applicant countries, on the other; Is resolved also to strengthen its cooperation with the applicant countries(cid:146) parliaments in these 14. areas through more intensive discussion of these issues in the joint parliamentary committees between the European Parliament and the applicant countries(cid:146) parliaments and through systematic cooperation between its Committee on Civil Liberties and Internal Affairs and the corresponding parliamentary committees in Central and Eastern Europe; Calls on the Council, the Commission and the Member States to implement the measures provided 15. in the Amsterdam Treaty concerning external border controls, asylum and immigration and the measures concerning the prevention and combating of crime in a permanent dialogue with the 10 applicant countries in Central and Eastern Europe, to consider their proposals in detail and to keep the European Parliament and the joint parliamentary committees with the associated states regularly informed; Calls on the Council and Commission to establish in enlargement negotiations that applicant 16. countries adapt their visa policy towards third countries to Union policy before accession; 17. Calls on the Council and the Commission › with reference to its right of ratification for accessions › to ensure in enlargement negotiations that there are adequate transitional periods and arrangements for the new Member States in regard to checks at the new internal and external borders of the European Union and in regard to freedom of movement; 18. Also takes the view, however, that priority should be given to all measures › including those in the area of funding › which create the conditions for full freedom of movement so as to avoid long transitional periods which do not promote the integration process of Central and Eastern Europe or the enlarged European Union as a Community based on the rule of law; 19. Also proposes, in pursuit of a long-term strategy, that a European border control force should be introduced to control future external borders which draws on the national experience of border control forces for implementation at Community level as, in the long-term, the responsibility for controlling the EU(cid:146)s external borders cannot simply be left to the most northerly, easterly, southerly or westerly Member State but must be borne, both technically and financially, on a Community basis; 20. Calls on the Council and Commission, in the context of their forthcoming new partnerships with the applicant countries, to create the opportunity for the EU to provide financial support for the investments which the applicant countries will need to make in modernizing their customs infrastructure under the PHARE programme. 21. Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, Europol and the governments and parliaments of the Member States and of the 10 applicant countries in Central and Eastern Europe. 4. Duty-free sales B4-0424, 0426, 0427, 0428 and 0429/98 Resolution on the abolition of duty-free sales The European Parliament, › having regard to the Council decision taken in 1991 to abolish duty- and tax-free sales for travellers within the EU with effect from 1 July 1999, 1. Notes that: (a) there have been several studies published on the social and economic impact of the abolition of duty-free sales, but that unfortunately none of these studies has been carried out by independent assessors; C 138/218 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 (b) there is considerable concern and apprehension about the consequences of abolition on jobs, regions and transport sectors, especially in peripheral regions and in the sectors of ferry services and regional airports; (c) in the plenary debate in the European Parliament on VAT of 20 November 1990, Mrs Scrivener, speaking on behalf of the Commission, committed the Commission to undertaking a study in respect of the abolition of duty-free sales in the Community; (d) the Transport Council of 17 March 1998 requested the Commission to undertake such a study; 2. Calls on the Commission: (a) to carry out and publish this independent study into the social, economic, regional and revenue consequences of the abolition of duty- and tax-free sales in the EU as a matter of absolute urgency and no later than 30 September 1998 to ensure that a clearer picture of the situation is available; (b) to include aspects relating to employment; 3. Takes the view that specific attention must be paid to the economic problems which would arise on a number of sea crossings if duty-free sales were abolished on board the vessels concerned and that appropriate measures must be taken with a view to guaranteeing the operating balance on those crossings; Instructs its President to forward this resolution to the Council, the Commission and the 4. governments of the Member States. 5. Global navigation satellite system * A4-0109/98 Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Decision on the agreement between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (COM(97)0442 › C4-0043/98 › 97/0231(CNS)) (Consultation procedure) The European Parliament, › having regard to the proposal for a Council Decision, COM(97)0442 › 97/0231(CNS) (1), › having been consulted by the Council pursuant to Articles 75 and 228(3) first subparagraph of the EC Treaty (C4-0043/98), › having regard to Rule 90(7) of its Rules of Procedure, › having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Budgets (A4-0109/98), 1. 2. Approves conclusion of the agreement; Instructs its President to forward this opinion to the Council and Commission. (1) OJ C 337, 7. 11. 1997, p. 37. 4. 5. 98 EN Official Journal of the European Communities C 138/219 Friday 3 April 1998 6. Chernobyl Shelter Fund * A4-0076/98 Proposal for a Council Decision concerning a Community contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund (COM(97)0448 › C4-0499/97 › 97/0235(CNS)) The proposal was approved with the following amendments: TEXT PROPOSED BY THE COMMISSION (*) AMENDMENTS BY PARLIAMENT (Amendment 1) Citation 3a (new) › having regard to the joint declaration by the European Parliament, the Council and the Commission of 6 March 1995 on the incorporation of financial provi- sions into legislative acts (1), (1) OJ C 102, 4. 4. 1996, p. 4. (Amendment 2) Recital 5a (new) Whereas the Commission will ensure, through its financial involvement in the Fund, that, during the period leading up to the planned closure of the Chernobyl nuclear reactor in 2000, Ukraine already provides regular proof that techni- cal and organizational preparations are also being made to switch off the reactor on time; (Amendment 3) Recital 7 Whereas the Community pursues a clear policy of supporting Ukraine in its efforts to eliminate the consequences of the nuclear accident which occurred on 26 April 1986 at the Chernobyl nuclear power plant and is thus willing to contribute to the Chernobyl Shelter Fund; Whereas the Community pursues a clear policy of supporting Ukraine in its efforts to eliminate the consequences of the nuclear accident which occurred on 26 April 1986 at the Chernobyl nuclear power plant and of supporting the com- plete closure of the facility by 2000 and is thus willing to contribute to the Chernobyl Shelter Fund; whereas the Community assumes through its contribution no liability whatever for any resulting damage; (Amendment 12) Recital 7a (new) Whereas, in the work to construct a new sarcophagus, Community funding should be used to achieve the follow- ing technical goals: › the removal of all water contained within the damaged reactor; (*) OJ C 364, 2. 12. 1997, p. 16. C 138/220 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT › › the confinement only of the destroyed Unit 4 in order not to hamper future dismantling work on Unit 3; the removal of the upper unstable parts of the old sarcophagus which endanger the safety of the neigh- bouring reactor; (Amendment 4) Recital 8 Whereas, without prejudice to the powers of the budgetary authority, the contribution should amount to a maximum of ECU 100 million over the two years 1998 and 1999; Whereas, without prejudice to the powers of the budgetary authority, a multiannual indicative amount of ECU 100 million for the period 1998-2005 is proposed as the financial reference which illustrates the will of the legislative auth- ority; (Amendment 5) Recital 9 Whereas the contribution will be taken from existing TACIS credits and will thus not imply any supplementary budgetary expenditures from the 1998 and 1999 budgets; Whereas part of this contribution could be taken from existing TACIS credits estimated within its ongoing programming period (1999) and will thus not imply any supplementary budgetary expenditures from the 1998 and 1999 budgets; (Amendment 6) Recital 10 Whereas this contribution shall be administered by the Euro- pean Commission; Whereas this contribution shall be administered by the Euro- pean Commission in accordance with the principles of sound and efficient management; (Amendment 7) Recital 11a (new) Whereas the Commission, before entering any resources into the fund, shall evaluate the situation of the contribu- tions by donors other than the European Union and shall only pay when other countries have fulfilled their contribu- tions; (Amendment 8) Article 1(2) The contribution to the Fund shall be administered by the 2. Commission in accordance with this Decision. 2. The contribution to the Fund shall be administered by the Commission in accordance with the Financial Regulation in force, with particular regard for the principles of sound and efficient management, and taking into account the reliability of the technical and engineering aspects of the project to be financed, as well as the situation concerning commitments entered into by other contributors to the Fund. 4. 5. 98 EN Official Journal of the European Communities C 138/221 Friday 3 April 1998 TEXT PROPOSED BY THE COMMISSION AMENDMENTS BY PARLIAMENT (Amendment 9) Article 2 The Community will make a contribution to the Fund of a maximum amount of ECU 100 million, to be paid over the two years 1998 and 1999. The financial reference illustrating the will of the legislative authority for the contribution to this Fund is ECU 100 million to be paid over the period 1998-2005. This reference shall not affect the powers of the budgetary authority as defined in the Treaty. The budgetary authority shall set the annual funding in relation to the appropriations available for each financial year, taking into account the principles of good manage- ment referred to in Article 2 of the Financial Regulation. (Amendment 10) Article 3(1) 1. The Commission will forward all relevant information to the Court of Auditors and will request from the EBRD supplementary information that the Court of Auditors may wish to receive, as regards the financial operation of the Chernobyl Shelter Fund to the extent that it is related to the Community(cid:146)s contribution. The Commission and the EBRD will forward all rele- 1. vant information to the budgetary authority and to the Court of Auditors; they will made available the supplementary information that the budget authority or the Court of Auditors may wish to receive, as regards the financial opera- tion of the Chernobyl Shelter Fund. (Amendment 17) Article 3(2) The Commission shall present, on a yearly basis, a 2. progress report on the implementation of the Chernobyl Shelter Fund to the Council through the Committee for assistance to the New Independent States and Mongolia. The Commission shall present to the Council and the 2. European Parliament, with the preliminary draft general budget of the European Union, a progress report on the implementation of the Chernobyl Shelter Fund. Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council Decision concerning a Community contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund (COM(97)0448 › C4-0499/97 › 97/0235(CNS)) (Consultation procedure) The European Parliament, › having regard to the Commission proposal to the Council, COM(97)0448 › 97/0235(CNS) (1), › having been consulted by the Council pursuant to Article 235 of the EC Treaty and Article 203 of the Euratom Treaty (C4-0499/97), › having regard to Rule 58 of its Rules of Procedure, › having regard to the report of the Committee on Budgets and the opinion of the Committee on Research, Technological Development and Energy (A4-0076/98), (1) OJ C 364, 2. 12. 1997, p. 16. C 138/222 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 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 and Article 119, second paragraph, of the Euratom Treaty; Calls on the Council to notify Parliament should it intend to depart from the text approved by 3. Parliament; Asks to be consulted again should the Council intend to make substantial modifications to the 4. Commission proposal; 5. Instructs its President to forward this opinion to the Council and Commission. 7. EU-US agreement on positive comity and competition laws * A4-0104/98 Legislative resolution embodying Parliament(cid:146)s opinion on the proposal for a Council and Commission Decision concerning the conclusion of the Agreement between the European Commu- nities and the Government of the United States of America regarding the application of positive comity principles in the enforcement of their competition laws (COM(97)0233 › C4-0559/97 › 97/0178(CNS)) (Consultation procedure) The European Parliament, › having regard to the proposal for a Council and Commission Decision, COM(97)0233 › 97/0178(CNS), › having regard to Article 87 of the EC Treaty, › having been consulted by the Council pursuant to the first subparagraph of Article 228(3) of the EC Treaty (C4-0559/97), › having regard to Rule 90(7) of its Rules of Procedure, › having regard to the report of the Committee on External Economic Relations and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0104/98), 1. Approves conclusion of the agreement; Instructs its President to forward this opinion to the Commission, the Council, the governments of 2. the Member States and the United States Congress and Administration. 4. 5. 98 EN Official Journal of the European Communities C 138/223 Friday 3 April 1998 ATTENDANCE REGISTER 3 April 1998 The following signed: d(cid:146)Aboville, Adam, Aelvoet, Amadeo, d(cid:146)Ancona, Andre·-Le·onard, Aparicio Sa·nchez, Areitio Toledo, Bardong, Barthet-Mayer, Barton, Bennasar Tous, Bertens, Berthu, Bianco, Blokland, Blot, Boogerd-Quaak, Bourlanges, Breyer, Brok, Buffetaut, Cabezo·n Alonso, Camiso·n Asensio, Carnero Gonza·lez, Castagne‘de, Collins Kenneth D. , Corbett, Correia, Corrie, Costa Neves, Cot, Cottigny, Cox, Crampton, van Dam, De Melo, Deprez, Desama, de Vries, Dillen, Ebner, Elchlepp, Ephremidis, Eriksson, Ettl, Ewing, Fabra Valle·s, Fabre-Aubrespy, Falconer, Farassino, Fassa, Ferber, Fe·ret, Fitzsimons, Flemming, Fontaine, Fontana, Ford, Four(cid:231)ans, Funk, Garc(cid:14)·a Arias, Gebhardt, Gillis, Gil-Robles Gil-Delgado, Gira(cid:152)o Pereira, Glante, Goepel, Goerens, Graefe zu Baringdorf, Graenitz, Graziani, Green, Grossete(cid:136)te, Guinebertie‘re, Gutie·rrez D(cid:14)·az, von Habsburg, Hager, Hallam, Hardstaff, Haug, Hawlicek, Heinisch, Hendrick, Herman, Hermange, Hoff, Holm, Hory, Iversen, Izquierdo Collado, Junker, Kaklamanis, Karamanou, Karoutchi, Katiforis, Kellett-Bowman, Kerr, Kestelijn-Sierens, Kindermann, Kittelmann, Kla(cid:223), Koch, Konrad, Kuhn, Kuhne, Lage, Lalumie‘re, Lambraki, Lambrias, Langen, Langenhagen, Larive, Lataillade, Le Gallou, Lehne, Lenz, Lindeperg, Lindqvist, Lulling, Macartney, McGowan, McKenna, Malangre·, Malerba, Malone, Manisco, Mann Thomas, Marinucci, Martens, Martinez, Mayer, Medina Ortega, Menrad, Miller, Miranda de Lage, Mohamed Ali, Mombaur, Moniz, Mutin, Myller, Nicholson, Nordmann, Oddy, Olsson, Otila, Paasio, Palacio Vallelersundi, Papakyriazis, Pasty, Peter, Piecyk, Piha, Pinel, Poettering, Pome·s Ruiz, Pons Grau, Posselt, Provan, Puerta, van Putten, Querbes, Rapkay, Reding, Rehder, Rosado Fernandes, Roth-Behrendt, Rothley, Ru¤big, Saint-Pierre, Sakellariou, Salafranca Sa·nchez-Neyra, Santini, Scarbonchi, Scha¤fer, Schaffner, Schiedermeier, Schlechter, Schleicher, Schro¤der, Schulz, Schwaiger, Seppa¤nen, Siso· Cruellas, Skinner, Smith, Sonneveld, Souchet, Stenmarck, Stirbois, Striby, Swoboda, Tannert, Tatarella, Taubira-Delannon, Telka¤mper, Theato, Theonas, Thors, Tillich, Tindemans, Trakatellis, Valverde Lo·pez, Vanhecke, Varela Suanzes-Carpegna, Vaz da Silva, Verwaerde, Virrankoski, Voggenhuber, Walter, Weber, Weiler, Wemheuer, White, Wiebenga, Wieland, Wijsenbeek, Willockx, Wilson, von Wogau C 138/224 EN Official Journal of the European Communities 4. 5. 98 Friday 3 April 1998 (+) = For (›) = Against (O) = Abstention ANNEX Result of roll-call votes 1. Posselt report A4-0107/98 Amendment 4 (+) ARE: Barthet-Mayer, Castagne‘de, Ewing, Hory, Lalumie‘re, Scarbonchi, Taubira-Delannon, Weber ELDR: Andre·-Le·onard, Bertens, Boogerd-Quaak, Cox, de Vries, Fassa, Goerens, Kestelijn-Sierens, Nordmann, Olsson, Thors, Virrankoski, Wiebenga, Wijsenbeek GUE/NGL: Eriksson, Seppa¤nen NI: Dillen, Fe·ret, Martinez, Vanhecke V: Aelvoet, Breyer, Kerr, Telka¤mper, Voggenhuber (›) ELDR: Lindqvist I-EDN: Berthu, Blokland, Buffetaut, van Dam, Fabre-Aubrespy NI: Amadeo, Hager PPE: Areitio Toledo, Bardong, Bianco, Bourlanges, Camiso·n Asensio, Corrie, De Melo, Deprez, Ebner, Fabra Valle·s, Flemming, Fontaine, Fontana, Four(cid:231)ans, Gillis, Goepel, Graziani, Grossete(cid:136)te, von Habsburg, Heinisch, Herman, Kellett-Bowman, Kittelmann, Kla(cid:223), Koch, Konrad, Lambrias, Langen, Langenhagen, Lehne, Lenz, Malangre·, Mann Thomas, Martens, Mayer, Menrad, Mombaur, Otila, Palacio Vallelersundi, Piha, Poettering, Pome·s Ruiz, Posselt, Provan, Reding, Ru¤big, Salafranca Sa·nchez-Neyra, Schiedermeier, Schro¤der, Schwaiger, Siso· Cruellas, Sonneveld, Stenmarck, Theato, Tillich, Tindemans, Trakatellis, Valverde Lo·pez, Varela Suanzes-Carpegna, Vaz da Silva, Verwaerde, von Wogau PSE: Adam, d(cid:146)Ancona, Cabezo·n Alonso, Collins Kenneth D. , Corbett, Correia, Cottigny, Crampton, Elchlepp, Ettl, Falconer, Ford, Gebhardt, Glante, Graenitz, Green, Hallam, Hardstaff, Haug, Hawlicek, Hoff, Iversen, Izquierdo Collado, Karamanou, Katiforis, Kindermann, Lindeperg, McGowan, Malone, Martin David W. , Medina Ortega, Miller, Miranda de Lage, Mutin, Myller, Oddy, Paasio, Peter, Pons Grau, Rapkay, Rothley, Sakellariou, Scha¤fer, Schlechter, Schulz, Skinner, Smith, Swoboda, Tannert, Walter, Weiler, Wemheuer, White, Willockx, Wilson UPE: d(cid:146)Aboville, Fitzsimons, Gira(cid:152)o Pereira, Guinebertie‘re, Hermange, Kaklamanis, Karoutchi, Lataillade, Malerba, Pasty, Rosado Fernandes, Santini, Schaffner V: Holm (O) GUE/NGL: Carnero Gonza·lez, Ephremidis, Gutie·rrez D(cid:14)·az, Mohamed Ali, Puerta, Querbes, Theonas V: McKenna 2. Posselt report A4-0107/98 Resolution (+) ARE: Barthet-Mayer, Castagne‘de, Ewing, Hory, Lalumie‘re, Scarbonchi, Taubira-Delannon, Weber ELDR: Andre·-Le·onard, Bertens, Boogerd-Quaak, Cox, de Vries, Fassa, Goerens, Kestelijn-Sierens, Lindqvist, Nordmann, Olsson, Thors, Virrankoski, Wiebenga, Wijsenbeek GUE/NGL: Carnero Gonza·lez, Gutie·rrez D(cid:14)·az, Mohamed Ali, Puerta 4. 5. 98 EN Official Journal of the European Communities C 138/225 Friday 3 April 1998 I-EDN: Berthu, Buffetaut, Fabre-Aubrespy, Striby NI: Martinez PPE: Areitio Toledo, Bardong, Bianco, Bourlanges, Camiso·n Asensio, Corrie, De Melo, Deprez, Ebner, Fabra Valle·s, Flemming, Fontaine, Fontana, Four(cid:231)ans, Gillis, Goepel, Graziani, Grossete(cid:136)te, von Habsburg, Heinisch, Herman, Kellett-Bowman, Kittelmann, Kla(cid:223), Koch, Konrad, Lambrias, Langen, Lehne, Lenz, Lulling, Malangre·, Mann Thomas, Martens, Mayer, Menrad, Mombaur, Otila, Palacio Vallelersundi, Piha, Poettering, Pome·s Ruiz, Posselt, Provan, Reding, Ru¤big, Salafranca Sa·nchez-Neyra, Schiedermeier, Schro¤der, Schwaiger, Siso· Cruellas, Sonneveld, Stenmarck, Theato, Tillich, Tindemans, Trakatellis, Valverde Lo·pez, Varela Suanzes-Carpegna, Vaz da Silva, Verwaerde, von Wogau PSE: Adam, d(cid:146)Ancona, Barton, Cabezo·n Alonso, Collins Kenneth D. , Corbett, Correia, Cottigny, Crampton, Elchlepp, Ettl, Falconer, Ford, Garc(cid:14)·a Arias, Gebhardt, Glante, Graenitz, Green, Hallam, Hardstaff, Haug, Hawlicek, Hoff, Iversen, Izquierdo Collado, Karamanou, Katiforis, Kindermann, Lindeperg, McGowan, Malone, Martin David W. , Medina Ortega, Miller, Miranda de Lage, Mutin, Myller, Oddy, Paasio, Peter, Pons Grau, Rapkay, Rothley, Sakellariou, Scha¤fer, Schlechter, Schulz, Skinner, Smith, Swoboda, Tannert, Walter, Weiler, Wemheuer, White, Willockx, Wilson UPE: d(cid:146)Aboville, Fitzsimons, Gira(cid:152)o Pereira, Guinebertie‘re, Hermange, Kaklamanis, Karoutchi, Lataillade, Malerba, Pasty, Rosado Fernandes, Santini, Schaffner GUE/NGL: Ephremidis, Eriksson, Seppa¤nen, Theonas (›) NI: Hager PPE: Langenhagen V: Aelvoet, Breyer, Holm, Kerr, McKenna, Telka¤mper, Voggenhuber (O) GUE/NGL: Querbes I-EDN: Blokland, van Dam NI: Dillen, Fe·ret, Vanhecke 3. Adam report A4-0076/98 Resolution (+) ARE: Weber ELDR: Boogerd-Quaak, Lindqvist, Virrankoski GUE/NGL: Manisco, Seppa¤nen, Theonas NI: Blot, Hager PPE: Areitio Toledo, Bianco, Camiso·n Asensio, Corrie, Deprez, Fabra Valle·s, Flemming, Fontaine, Gillis, Graziani, Grossete(cid:136)te, von Habsburg, Heinisch, Kellett-Bowman, Kittelmann, Kla(cid:223), Koch, Menrad, Piha, Posselt, Provan, Ru¤big, Salafranca Sa·nchez-Neyra, Schiedermeier, Siso· Cruellas, Stenmarck, Theato, Tillich, Varela Suanzes-Carpegna PSE: Adam, Corbett, Elchlepp, Ettl, Ford, Gebhardt, Graenitz, Hardstaff, Haug, Hendrick, Hoff, Iversen, Karamanou, McGowan, Malone, Medina Ortega, Miranda de Lage, Paasio, Pons Grau, van Putten, Rapkay, Schulz, Swoboda, Wemheuer UPE: Malerba, Pasty V: Aelvoet, Holm, Telka¤mper, Voggenhuber I-EDN: Pinel, Souchet (O)


title: Verordening (EG) nr. 938/98 van de Commissie van 4 mei 1998 houdende wijziging van Verordening (EG) nr. 2931/95 tot wijziging van Verordening (EEG) nr. 804/68 en andere verordeningen als gevolg van de wijziging van de gecombineerde nomenclatuur voor bepaalde zuivelproducten

eurovoc_concepts:
Combined Nomenclature
coffee
concentrated product
prepared foodstuff
tea

formats: html pdf print

text: 5. 5. 98 ‹ ‹NL Publicatieblad van de Europese Gemeenschappen L 131/3 VERORDENING (EG) Nr. 938/98 VAN DE COMMISSIE van 4 mei 1998 houdende wijziging van Verordening (EG) nr. 2931/95 tot wijziging van Verordening (EEG) nr. 804/68 en andere verordeningen als gevolg van de wijziging van de gecombineerde nomenclatuur voor bepaalde zuivelproducten DE COMMISSIE VAN DE EUROPESE GEMEENSCHAPPEN, Gelet op het Verdrag tot oprichting van de Europese Gemeenschap, Gelet op Verordening (EEG) nr. 234/79 van de Raad van 5 februari 1979 inzake de procedure voor aanpassingen van de nomenclatuur van het gemeenschappelijk douane- tarief voor landbouwproducten (1), gewijzigd bij Verorde- ning (EEG) nr. 3209/89 (2), en met name op artikel 2, lid 1, Gelet op Verordening (EEG) nr. 804/68 van de Raad van 27 juni 1968 houdende een gemeenschappelijke ordening der markten in de sector melk en zuivelproducten (3), laat- stelijk gewijzigd bij Verordening (EG) nr. 1587/96 (4), en met name op artikel 13, lid 3, en artikel 17, lid 14, Overwegende dat bij Verordening (EG) nr. 2448/95 van de Commissie van 10 oktober 1995 tot wijziging van bijlage I van Verordening (EEG) nr. 2658/87 van de Raad met betrekking tot de tarief- en statistieknomenclatuur en het gemeenschappelijk douanetarief (5) de codes voor bepaalde zuivelproducten zijn gewijzigd met ingang van 1 januari 1996; Overwegende dat bij Verordening (EG) nr. 2931/95 van de Commissie (6), gewijzigd bij Verordening (EG) nr. 1812/ 97 (7), de verordeningen betreffende de sector melk en zuivelproducten waarvoor de wijziging van de onderverde- inclusief lingen van de GN-codes consequenties had, Verordening (EEG) nr. 804/68, zijn gewijzigd; Overwegende dat op grond van artikel 17, Verordening (EEG) nr. 804/68, lid 1, van in samenhang met de bijlage bij die verordening v(cid:155)(cid:155)r de wijziging ervan bij Verordening (EG) nr. 2931/95, volgens de interpretatie die door het Hof van Justitie van de Europese Gemeen- schappen in het kader van zaak C-334/95 is vastgelegd, uitvoerrestituties konden worden toegekend voor zuivel- producten in zowel preparaten op basis van koffie als preparaten op basis van extracten, essences en concen- traten van koffie; dat bij de wijziging van de bijlage van Verordening (EEG) nr. 804/68 bij Verordening (EG) nr. 2931/95 nog geen rekening werd gehouden met de door het Hof van Justitie gegeven interpretatie; dat om Veror- dening (EG) nr. 2931/95 met deze interpretatie in over- eenstemming te brengen deze code, alsmede de code voor preparaten op basis van extracten, essences en concen- traten van thee of van mat(cid:130), waarvoor dezelfde aanpak had moeten worden gevolgd, in de bijlage van Verordening (EEG) nr. 804/68 dient te worden ingevoegd; dat met het oog op een continue toepassing van de door het Hof van Justitie gegeven interpretatie, deze wijzigingen met ingang van 1 januari 1996 van toepassing dienen te zijn; Overwegende dat de in deze verordening vervatte maatre- gelen in overeenstemming zijn met het advies van het Comit(cid:130) van beheer voor melk en zuivelproducten, HEEFT DE VOLGENDE VERORDENING VASTGESTELD: Artikel 1 In artikel 1, punt 4, van Verordening (EG) nr. 2931/95 wordt de tekst bij het zevende streepje vervangen door: „— worden de gegevens betreffende de GN-codes ex 2101 10 en 2101 20 vervangen door de volgende gegevens: GN-code Omschrijving „ex 2101 Extracten, essences en concentraten, van koffie, van thee of van mat(cid:130) en prepa- raten op basis van deze producten of op basis van koffie, van thee of van mat(cid:130); gebrande cichorei en andere gebrande koffiesurrogaten, alsmede extracten, essences en concentraten daarvan: 2101 12 92 – – – preparaten op basis van extracten, essences en concentraten van koffie 2101 12 98 – – – andere – – Preparaten: 2101 20 92 – – – op basis van extracten, essences of concentraten van thee of van mat(cid:130) 2101 20 98 – – – andere””. (1) PB L 34 van 9. 2. 1979, blz. 2. (2) PB L 312 van 27. 10. 1989, blz. 5. (3) PB L 148 van 28. 6. 1968, blz. 13. (4) PB L 206 van 16. 8. 1996, blz. 21. (5) PB L 259 van 30. 10. 1995, blz. 1. (6) PB L 307 van 20. 12. 1995, blz. 10. (7) PB L 257 van 20. 9. 1997, blz. 5. L 131/4 ‹ ‹NL Publicatieblad van de Europese Gemeenschappen 5. 5. 98 Artikel 2 Deze verordening treedt in werking op de zevende dag volgende op die van haar bekend- making in het Publicatieblad van de Europese Gemeenschappen. Zij is van toepassing met ingang van 1 januari 1996. Deze verordening is verbindend in al haar onderdelen en is rechtstreeks toepasselijk in elke lidstaat. Gedaan te Brussel, 4 mei 1998. Voor de Commissie Franz FISCHLER Lid van de Commissie


title: Uredba Komisije (ES) št. 938/98 z dne 4. maja 1998 o spremembi Uredbe (ES) št. 2931/95, o spremembi Uredbe (EGS) št. 804/68 in druge uredbe zaradi spremembe kombinirane nomenklature za nekatere mlečne proizvode

text: 03/Zv. 23 SL Uradni list Evropske unije 69 31998R0938 5. 5. 1998 URADNI LIST EVROPSKIH SKUPNOSTI L 131/3 UREDBA KOMISIJE (ES) št. 938/98 z dne 4. maja 1998 o spremembi Uredbe (ES) št. 2931/95, o spremembi Uredbe (EGS) št. 804/68 in druge uredbe zaradi spremembe kombinirane nomenklature za nekatere mlečne proizvode KOMISIJA EVROPSKIH SKUPNOSTI JE ob upoštevanju Pogodbe o ustanovitvi Evropske skupnosti, ob upoštevanju Uredbe Sveta (EGS) št. 234/79 z dne 5. febru- arja 1979 o postopku prilagajanja nomenklature skupne carinske tarife, ki se uporablja za kmetijske proizvode (1), kakor je bila spremenjena z Uredbo (EGS) št. 3209/89 (2), in zlasti člena 2(1) Uredbe, ob upoštevanju Uredbe Sveta (EGS) št. 804/68 z dne 27. junija 1968 o skupni ureditvi trga z mlekom in mlečnimi proiz- vodi (3), kakor je bila nazadnje spremenjena z Uredbo (ES) št. 1587/96 (4), in zlasti členov 13(3) in 17(14) Uredbe, ker Uredba Komisije (ES) št. 2448/95 z dne 10. oktobra 1995 o spremembah Priloge I k Uredbi Sveta (ES) št. 2658/87 o carinski in statistični nomenklaturi ter o skupni carinski tarifi (5) spreminja oznake nekaterih mlečnih proizvodov od 1. januarja 1996; ker Uredba Komisije (ES) št. 2931/95 (6), kakor je bila spreme- njena z Uredbo (ES) št. 1812/97 (7), spreminja uredbe v zvezi z mlekom in mlečnimi proizvodi, na katere vplivajo spremembe podštevilk oznake KN, vključno z Uredbo (EGS) št. 804/68; ker člen 17(1) Uredbe (EGS) št. 804/68, ki se razlaga skupaj s Prilogo k navedeni Uredbi, preden je bila spremenjena z Uredbo (ES) št. 2931/95, kakor ga je razlagalo Sodišče Evrop- skih skupnosti v sodnem primeru C-334/95, daje pooblastilo za dodelitev izvoznih nadomestil za mlečne proizvode, ki jih vsebujejo pripravki na osnovi kave in pripravki na osnovi ekstraktov, esenc in koncentratov kave; ker se ta razlaga sodišča ni upoštevala, ko je bila Priloga k Uredbi (EGS) št. 804/68 spremenjena z Uredbo (ES) št. 2931/95; ker je treba za uskla- ditev Uredbe (ES) št. 2931/95 s to razlago ustrezno oznako in oznako za pripravke na osnovi ekstraktov, esenc pravega čaja ali maté čaja, za katere bi bilo treba upoštevati enak pristop, vključiti v Prilogo k Uredbi (EGS) št. 804/68; ker bi morale spremembe veljati od 1. januarja 1996, da bi se izognili kakrš- nikoli prekinitvi v uporabi razlage sodišča; ker so ukrepi, predvideni s to uredbo, v skladu z mnenjem Upravljalnega odbora za mleko in mlečne proizvode, SPREJELA NASLEDNJO UREDBO: Člen 1 Sedma alinea člena 1(4) Uredbe (ES) št. 2931/95 se nadomesti: „— podatki o oznakah KN ex 2101 10 in 2101 20 se nadomestijo: Oznaka KN ‚ex 2101 Poimenovanje Ekstrakti, esence in koncentrati kave, pravega čaja ali maté čaja in pripravki na njihovi osnovi ali na osnovi kave, pravega čaja ali maté čaja; pražena cikorija in drugi praženi kavni nadomestki in njihovi ekstrakti, esence in koncentrati: 2101 12 92 – – – Pripravki na osnovi ekstraktov, esenc ali kavinega koncentrata 2101 12 98 – – – Drugi – – Pripravki: 2101 20 92 – – – na osnovi ekstraktov, esenc ali koncentratov pravega čaja ali maté čaja 2101 20 98 – – – Drugi‘. “ (1) UL L 34, 9. 2. 1979, str. 2. (2) UL L 312, 27. 10. 1989, str. 5. (3) UL L 148, 28. 6. 1968, str. 13. (4) UL L 206, 16. 8. 1996, str. 21. (5) UL L 259, 30. 10. 1995, str. 1. (6) UL L 307, 20. 12. 1995, str. 10. (7) UL L 257, 20. 9. 1997, str. 5. 70 SL Uradni list Evropske unije 03/Zv. 23 Ta uredba začne veljati sedmi dan po objavi v Uradnem listu Evropskih skupnosti. Uporablja se od 1. januarja 1996. Člen 2 Ta uredba je v celoti zavezujoča in se neposredno uporablja v vseh državah članicah. V Bruslju, 4. maja 1998 Za Komisijo Franz FISCHLER Član Komisije