1. Approval of Minutes 4. Request for the waiver of Mr Stamoulis ...

74
15.2 . 93 No C 42/71 Official Journal of the European Communities Wednesday , 20 January 1993 MINUTES OF PROCEEDINGS OF THE SITTING OF WEDNESDAY, 20 JANUARY 1993 ( 93 /C 42/03 ) PART I Proceedings of the sitting IN THE CHAIR : Mr KLEPSCH President ( The sitting was opened at 9 a.m.) 3 . Euronews The President announced that Euronews , which had started broadcasting on 1 January 1993 as the first multilingual European television channel , would be broadcasting live the forthcoming debate on the pro gramme of the Danish Presidency . 1 . Approval of Minutes Mr Antony and Mr Dillen had made it clear that they had intended to vote for the resolution in the Partsch report on combatting pollution in the North Sea , not to abstain ( A3-0008 /93 Part I , Item 14 ). The Minutes of the previous sitting were approved . 4 . Request for the waiver of Mr Stamoulis ' immunity The President announced that he had received from the Greek authorities a request for the waiver of Mr Stamou lis ' parliamentary immunity . In accordance with Rule 5(1 ), the request had been referred to the appropriate committee : the Committee on the Rules of Procedure , the Verification of Credentials and Immunities . The following spoke : 5 . Topical and urgent debate ( objections ) The President announced that he had received , pursuant to Rule 64(2 ), second subparagraph , the following objec tions , tabled and justified in writing , to the list of subjects for the next debate on topical and urgent subjects of major importance : Mr Le Chevallier , who pointed out that Spanish Socialist Workers ' Party posters were on display within Parliament 's premises and asked whether this display was allowed under the relevant Regulations ( the Presi dent replied that this question was the responsibility of the College of Quaestors and that he would contact the College ); Mr Wijsenbeek , who referred to his remarks on Monday ( Minutes of that day , Part I , Item 10) on obstacles hindering the free movement of persons in the Community , to make it clear that he had spoken of the ' Bangemann wave ', not ' Bangemann way ', as indicated in the verbatim report of proceedings ; Mr Amendola , who wanted Parliament to congratu late the Italian and French Governments for concluding the previous day an agreement banning the transit of oil tankers through the Strait of Bonifacio between Sardinia and Corsica ( the President endorsed these remarks ); V. HUMAN RIGHTS motion by the ER Group to include a new item ' Bicentenary of the execution of Louis XVI ' comprising motion for a resolution B3-0 109/93 : the motion was rejected . motion by the RB and LU Groups to include a new item ' East Timor ' comprising motions for resolutions B3-0051 , 0070 and 0084/93 : the motion was approved by RCV ( RB ): Members voting : 186 For : 179 Against : 6 Abstentions : 1 2 . Centenary of Louise Weiss ' birth The President informed the House that the centenary of the birth of Louise Weiss , a major figure in European politics and a member of the European Parliament from 17 July 1979 until her death on 26 May 1983 , would be commemorated on 25 January 1993 .

Transcript of 1. Approval of Minutes 4. Request for the waiver of Mr Stamoulis ...

15.2 . 93 No C 42/71Official Journal of the European Communities

Wednesday, 20 January 1993

MINUTES OF PROCEEDINGS OF THE SITTING OF WEDNESDAY, 20 JANUARY 1993

(93/C 42/03)

PART I

Proceedings of the sitting

IN THE CHAIR: Mr KLEPSCH

President

(The sitting was opened at 9 a.m.)

3. Euronews

The President announced that Euronews, which hadstarted broadcasting on 1 January 1993 as the firstmultilingual European television channel , would bebroadcasting live the forthcoming debate on the pro­gramme of the Danish Presidency .

1 . Approval of Minutes

Mr Antony and Mr Dillen had made it clear that they hadintended to vote for the resolution in the Partsch report oncombatting pollution in the North Sea, not to abstain(A3-0008/93 — Part I, Item 14).

The Minutes of the previous sitting were approved .

4. Request for the waiver of Mr Stamoulis 'immunity

The President announced that he had received from theGreek authorities a request for the waiver of Mr Stamou­lis ' parliamentary immunity .

In accordance with Rule 5(1 ), the request had beenreferred to the appropriate committee : the Committee onthe Rules of Procedure, the Verification of Credentialsand Immunities .The following spoke :

5. Topical and urgent debate (objections)

The President announced that he had received, pursuantto Rule 64(2), second subparagraph, the following objec­tions, tabled and justified in writing, to the list of subjectsfor the next debate on topical and urgent subjects ofmajor importance :

— Mr Le Chevallier, who pointed out that SpanishSocialist Workers ' Party posters were on display withinParliament 's premises and asked whether this displaywas allowed under the relevant Regulations (the Presi­dent replied that this question was the responsibility ofthe College of Quaestors and that he would contact theCollege);

— Mr Wijsenbeek, who referred to his remarks onMonday (Minutes of that day, Part I, Item 10) onobstacles hindering the free movement of persons in theCommunity , to make it clear that he had spoken of the'Bangemann wave ', not 'Bangemann way ', as indicatedin the verbatim report of proceedings ;

— Mr Amendola, who wanted Parliament to congratu­late the Italian and French Governments for concludingthe previous day an agreement banning the transit of oiltankers through the Strait of Bonifacio between Sardiniaand Corsica (the President endorsed these remarks);

V. HUMAN RIGHTS

— motion by the ER Group to include a new item'Bicentenary of the execution of Louis XVI ' comprisingmotion for a resolution B3-0 109/93 :

the motion was rejected .

— motion by the RB and LU Groups to include a newitem 'East Timor' comprising motions for resolutionsB3-0051 , 0070 and 0084/93 :

the motion was approved by RCV (RB):

Members voting : 186For: 179Against : 6Abstentions : 1

2. Centenary of Louise Weiss ' birth

The President informed the House that the centenary ofthe birth of Louise Weiss , a major figure in Europeanpolitics and a member of the European Parliament from17 July 1979 until her death on 26 May 1983 , would becommemorated on 25 January 1993 .

No C 42/72 15.2 . 93Official Journal of the European Communities

7. Situation in the former Yugoslavia (debate)

The next item was statements by EPC and the Commis­sion followed by a debate .

Mr Ellemann-Jensen, President-in-Office of EPC, andMr van den Broek, Member of the Commission, madestatements on the situation in the former Yugoslavia.

The following spoke: Mr Woltjer, on behalf of the SOCGroup, Mr Oostlander, on behalf of the EPP Group,Mrs Veil , on behalf of the LDR Group, and Mr Langer,on behalf of the Green Group.

Wednesday, 20 January 1993

— motion by the SOC Group to include a new item'Religious freedom in Greece ' comprising motion for aresolution B3-0061 /93 :

the motion was approved by RCV (EPP):Members voting : 183For: 1 10Against : 69Abstentions : 4

— motion by the Green Group to include a new item'Sierra Leone ' comprising motion for a resolution B3­0087/93 :

the motion was approved.

— motion by the EPP Group to include a new item'Madagascar' comprising motion for a resolution B3­0099/93 :

the motion was approved.

IN THE CHAIR: Mr ANASTASSOPOULOS

Vice-President

The following spoke : Mr de la Malène, on behalf of theEDA Group, Mr Antony, on behalf of the ER Group,Mr Piquet, on behalf of the LU Group, and Mr Schönhu­ber, Non-attached Member.

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6. Programme of activities of the Danishpresidency (debate)

Mr Ellemann-Jensen, President-in-Office of the Council ,outlined the programme of activities of the Danishpresidency .

The following spoke : Mrs Jensen, on behalf of the SOCGroup, Mr Tindemans, on behalf of the EPP Group,Mr Galland, on behalf of the LDR Group, Mr Iversen, onbehalf of the Green Group, Mr Lalor, on behalf of theEDA Group, Mr Bonde, on behalf of the RB Group,Mr Riskær Pedersen, on Mr Iversen ' s remarks(the President cut him off), Mr Dillen, on behalf of the ERGroup, Mr Kostopoulos , on the need to respect speakingtime, Mr Miranda da Silva, on behalf of the LU Group,Mr Christiansen, Non-attached Member, and Mr Elle­mann-Jensen .

IN THE CHAIR: Sir JACK STEWART-CLARK

Vice-President

The President announced that he had received from thefollowing Members , motions for resolutions with requestfor an early vote pursuant to Rule 56(3), to wind up thedebate on the EPC and Commission statements :

— Veil , on behalf of the LDR Group, on the situation inthe former Yugoslavia (B3-0034/93),

— Antony, Lehideux, Neubauer, Dillen, Schodruch,Blot, Martinez and Le Chevallier, on behalf of the ERGroup, on the situation in the former Yugoslavia (B3­0035/93),

— Oostlander, Pack, Verhagen, Penders, Lenz, GilRobles , Jarzembowski and Tindemans, on behalf of theEPP Group, on the former Yugoslavia (B3-0036/93),

— Piquet, Ephremidis and Miranda da Silva, on behalfof the LU Group, on the situation in the former Yugosla­via (B3-0037/93),

— de la Malène, on behalf of the EDA Group, on thesituation in the former Yugoslavia (B3-0038/93),

— Vandemeulebroucke, Canavarro, Barrera i Costa,Ewing and Sandbæk, on behalf of the RB Group, on thesituation in the former Yugoslavia (B3-0073/92),

— Langer, Aglietta, Roth , Onesta and Quistorp, onbehalf of the Green Group, on the situation in the formerYugoslavia (B3-0 100/93),

— Woltjer and Titley, on behalf of the SOC Group, onthe situation in Bosnia-Herzegovina (B3-0 101 /93).

He announced that the decision on the request for an earlyvote would be taken at the end of the debate .

The following spoke : Mr Blak, Mr Forte, Mr Kofoed,Mr Lannoye, Mr Rauti , Mrs Jepsen, Mr De Clercq ,Mr Telkamper, Mr Puerta, Mrs Rønn, Mr von Wogau,Mr Cox, Mr Paisley, Mr Kostopoulos and Mr EllemannJensen .

The following spoke : Mr Alavanos, Mr Ephremidis ,Mr Kostopoulos , Mr Nianias , who all protested at Mr El­lemann-Jensen's remarks about Greece 's position on thequestion of 'Macedonia', Mr Papoutsis , Mr Lambrias(the President cut him off), who asked the President tocall Mr Ellemann-Jensen to order, Mr Hansch, whostressed that Mr Ellemann-Jensen had not made theseremarks in his capacity as President-in-Office of theCouncil , Mr Cox and Mrs Veil , who endorsed thisobservation, and Mr Ellemann-Jensen, who replied to theeffect that he had not spoken as President-in-Office of theCouncil .

The President decided not to take further speakers anddeclared the debate closed .

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15.2.93 No C 42/73Official Journal of the European Communities

Wednesday, 20 January 1993

The President announced that he had received from thefollowing Members , motions for resolutions with requestfor an early vote , pursuant to Rule 58(7), to wind up thedebate on the oral questions :

The following spoke : Mrs Crawley, Mr Kostopoulos , onspeaking time, Mrs Pack, Mr Alavanos, Mr Papayanna­ltis , Mr Rossetti , Mr Lambrias , Mr Kostopoulos , Mr Av­gerinos, Mr Mantovani , Mrs Grund, Mr Laroni ,Mr Cheysson and Mr Duverger.

The President declared the debate closed . — Tsimas, on behalf of the Committee on Civil Liber­ties and Internal Affairs , on the free movement of personsreferred to in Article 8a of the EEC Treaty (B3-0031 /93),

Decision on the request for an early vote:

Parliament agreed to an early vote .

Vote : Minutes of 21.1 . 1993 , Part I, Item 23 .

— Le Chevallier, Dillen and Neubauer, on behalf of theER Group, on the free movement of persons in theCommunity (B3-0032/93),

— Nordmann, on behalf of the LDR Group, on the freemovement of persons pursuant to Article 8a of the EECTreaty (B3-0033/93) (withdrawn).

He announced that the decision on the request for an earlyvote would be taken at the end of the debate .

Mr Turner, on behalf of the Committee on Civil Libertiesand Internal Affairs, withdrew motion for a resolutionB3-0031 /93 .

8. Free movement of persons (debate)

The next item was the oral questions with debate tabledby Mr Turner, on behalf of the Committee on CivilLiberties and Internal Affairs , to the Commission (B3­1558/92) and to the Council (B3- 1559/92) on the freemovement of persons pursuant to Article 8a of the EECTreaty .

The following spoke : Mr Rogalla, who recommendedsuspending the sitting at that point and resuming at2.45 p.m. so that there was no interruption caused to thisvery important debate (the President said that he couldnot grant this request because of the number of items onthe agenda), and Mr Tsimas , who supported this request .

Mr Turner moved the oral questions .

Mr Vanni d'Archirafl , Member of the Commission,answered the question to the Commission.

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The following spoke : Mr Tsimas, on behalf of the SOCGroup, Mr C. Beazley, on behalf of the EPP Group,Mr Marques Mendes, on behalf of the LDR Group,Mr Taradash, on behalf of the Green Group, Mr Blaney,on behalf of the RB Group, Mr Rogalla, Mr Jarzembows­ki , Mr Blak and Mr Vanni d'Archirafl , Member of theCommission .

(The sitting was suspended at 1 p.m. and resumed at3 p.m.)

IN THE CHAIR: Mr CAPUCHO

Vice-President

Mr Papoutsis also voiced his protest at the remarks madethat morning by Mr Ellemann-Jensen concerning theGreek position on 'Macedonia ' and asked the Presidentof the European Parliament to lodge a protest with theCouncil and contact the Greek Parliament (the Presidentreplied that he would inform the President of the Euro­pean Parliament of this request).

Mr Taradash spoke on Mr Papoutsis ' remarks .

The President decided not to take any more speakers onthis item and declared the matter closed .

The following spoke : Mr Tsimas, who asked whether theCommission would agree to come to Parliament inFebruary or March with a solution to the problem raisedby the oral questions , Mr Vanni d'Archirafi who repliedthat he could not give such an assurance, Mr Blak, whoasked the Commission whether Denmark had ratified anagreement on the abolition of frontiers , Mr 0rstr0mM0ller, President-in-Office of the Council , on Mr Blak'sremarks , Mr Blak, who referred again to his remarks ,Mr White, on the President's assurance on Monday that itwould provide an answer to the matter raised by Mr Wij­senbeek concerning checks on Members ' passports atairports , Mr Marques Mendes , who asked for confirma­tion that motion for a resolution B3-0031 /93 had beenwithdrawn and also spoke on Mr Tsimas ' request,Mr Turner, chairman of the Committee on Civil Libertiesand Internal Affairs , who confirmed that the motion hadbeen withdrawn and recalled the comments made by theCommissioner, Mr Vanni d'Archirafl , who gave anassurance that the Commission would look into thematter further and help find a solution .

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Mr 0rstr0m M0ller, President-in-Office of the Council ,answered the question put to the Council . The President declared the debate closed .

No C 42/74 Official Journal of the European Communities 15.2 . 93

Wednesday, 20 January 1993

Decision on the request for an early vote:

Parliament rejected the request for an early vote .

The following spoke : Mr Blak, who referred again to hisquestion, and Mr 0rstr0m M0ller, who made it clear thatDenmark had ratified the Single Act and by doing so hadsigned the same agreements as other Member States .

IN THE CHAIR: Mrs FONTAINE

Vice-President

VOTING TIME

As there were not enough Members in the Chamber forthe vote on items requiring a qualified majority , theHouse accepted the President 's proposal to begin withvotes not requiring a qualified majority .

11. Shipments of waste (vote) **I(Florenz report — A3-0004/93)

The rapporteur spoke on am. 1 .

9. Structure and strategy for European Union— Institutional role of the Council (debate)

The next item was a joint debate on two reports drawn upby the Committee on Institutional Affairs .

Mr Hansch introduced his report on the structure andstrategy for the European Union with regard to itsenlargement and the creation of a Europe-wide order(A3-0 189/92 and 0189/92/SUPPL).

Mr De Giovanni introduced his report on the institutionalrole of the Council (A3-0 190/92 and 0190/92/SUPPL).

Mr Sonneveld, draftsman of the opinion of the Commit­tee on External Economic Relations , spoke .

DRAFT REGULATION 9506/ 1 /92 — C3-0461 /91 —SYN 305 :

Amendments adopted: 1 to 3 collectively and 4.

Parliament approved the draft Council Regulation asamended (Part II , Item 1 ).

DRAFT LEGISLATIVE RESOLUTION:

Explanations of vote tabled in writing:

Mr Ephremidis , Mr Vertemati , Mr White and Mrs Bjørn­vig .

Parliament adopted the legislative resolution (Part II ,Item 1 ).

IN THE CHAIR: Mr ROMEOS

Vice-President

The following spoke : Mr Roumeliotis , on behalf of theSOC Group, Mr Bourlanges, on behalf of the EPP Group,Mr Capucho, on behalf of the LDR Group, Mr Boissiere ,on behalf of the Green Group, Mr Musso, on behalf of theEDA Group, Mr Vandemeulebroucke, on behalf of theRB Group, Mr Marinho, Mrs Cassanmagnago Cerretti ,Mr Fayot, Mr Valverde Lopez, Mr Penders , Mr Martin,Mr Herman, Mrs Vayssade, Mr Titley, Mrs Thyssen,Mr Vanni d'Archirafi , Member of the Commission,Mr Valverde Lopez, who put questions to the Commis­sion, Mr Vanni d'Archirafi and Mr Hansch on Mr Val­verde Lopez's remarks .

The President declared the joint debate closed .

Vote : Item 17 .

12. European association and European coop­erative and mutual societies (vote) **I(Vayssade report — A3-0001 /93)

The President announced that ams . 163 and 164 had beentabled by Mrs Dury, Mr Van Outrive , Mr Glinne andothers and not on behalf of the SOC Group.

COMMISSION PROPOSALS COM(9 1)0273 :

I. PROPOSAL FOR A REGULATION—C3-0 1 20/92— SYN 386

Amendments adopted: 1 to 3 collectively , 165 by EV, 5 to1 1 collectively , 137 by EV, 12 to 16 collectively , 17 to 22collectively

Amendments rejected: 129 by EV and 140 by EV

Amendments fallen : 4 and 138

Parliament approved the Commission proposal asamended (Part II, Item 2).

DRAFT LEGISLATIVE RESOLUTION:

Parliament adopted the legislative resolution (Part II,Item 2).

10. Cooperation procedure (debate)

Mr Prag introduced his report, drawn up on behalf of theCommittee on Institutional Affairs , on the cooperationprocedure (A3-0384/92).

The following spoke : Mr Roumeliotis , on behalf of theSOC Group, Mr Hervé and Mr Pinheiro, Member of theCommission .

The President declared the debate closed .

Vote : Item 18 .

15.2.93 Official Journal of the European Communities No C 42/75

II. PROPOSAL FOR A DIRECTIVE—C3-01 2 1 /92 —SYN 387

Amendments adopted: 23 , 24, 25 , 26, 27 , 28 , 29, 30, 31 ,32 , 33 , 34 to 36 collectively , 37 , 38 , 39, 40 to 43collectively, 44 and 45 collectively

Wednesday, 20 January 1993

V. PROPOSAL FOR A REGULATION—C3-0 1 24/92— SYN 390

Amendments adopted: 163/corr. by EV, 98 , 164/corr. byEV, 100 by EV, 101 to 111 collectively and 1 13 and 1 14collectively

Amendments rejected: 1 1 2 by EV and 1 1 5 by EV

Amendments fallen: 97 and 99

Mr Rogalla asked for separate votes on ams 1 12 and 1 15 .

Parliament approved the Commission proposal asamended (Part II , Item 2).

Amendments rejected: 145 by EV, 146, 147 , 141 /rev . byEV, 142 by EV, 148, 149, 150 and 151 by EV

Mrs Lehideux asked for separate votes on ams . 39 , 44and 45 .

Parliament approved the Commission proposal asamended (Part II, Item 2).

DRAFT LEGISLATIVE RESOLUTION:

Parliament adopted the legislative resolution (Part II,Item 2).

DRAFT LEGISLATIVE RESOLUTION:

Parliament adopted the legislative resolution (Part II ,Item 2).

VI . PROPOSAL FOR A DIRECTIVE—C3-0 1 25/92 —SYN 391

Amendments adopted: 11 6 to 126 collectively , 157 , 127 ,158 , 128 , 159 , 129 , 156, 160, 130, 131 , 161 , 132 and 133to 1 36 collectively

Parliament approved the Commission proposal asamended by RCV (EPP):

Members voting : 356For: 337Against: 3Abstentions : 16

(Part II, Item 2).

III . PROPOSAL FOR A REGULATION C3-0 1 22/92 —SYN 388

Amendments adopted: 46 to 50 collectively, 162, 5 1 to 60collectively , 61 ( 1st part), 62 and 63 collectively , 64( 1 st part), 65 to 70 collectively , 7 1 , 72 by EV and 73 to 75collectively

Amendments rejected: 6 1 (2nd part) and 64 (2nd part)

Amendments fallen: 143 and 144

The rapporteur spoke on the split vote on ams. 61 and 64.

Split votes :

— am. 61 (SOC):1 st part: up to 'members of the SCE'2nd part: remainder

— am. 64 (SOC):1st part : text without 'which proportion may be reducedby the statutes '2nd part : these words

Parliament approved the Commission proposal asamended (Part II, Item 2).

DRAFT LEGISLATIVE RESOLUTION:

Parliament adopted the legislative resolution (Part II,Item 2).

DRAFT LEGISLATIVE RESOLUTION:

EXPLANATIONS OF VOTE:

The following spoke : Mrs Dury, Mr Menrad andMr Brok.

The rapporteur spoke.

Explanation of vote tabled in writing:

Mr Desmond.

Parliament adopted the legislative resolution by RCV(EPP):

Members voting : 329For: 310Against: 2Abstentions : 17

(Part II , Item 2).

IV. PROPOSAL FOR A DIRECTIVE—C3-0 1 23/92—SYN 389

Amendments adopted: 76 to 85 collectively, 152, 86, 153 ,87 and 88 collectively , 154, 89, 90, 155 , 91 , 92 to 96collectively

Parliament approved the Commission proposal asamended (Part II, Item 2).

DRAFT LEGISLATIVE RESOLUTION:

Parliament adopted the legislative resolution (Part II,Item 2).

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No C 42/76 Official Journal of the European Communities 15 . 2 . 93

15. Public works contracts!vote) **II(recommendation for the 2nd reading without debateby Mr Beumer, on behalf of the Committee onEconomic and Monetary Affairs and Industrial Poli­cy , on the common position adopted by the Councilwith a view to the adoption of a Directive amendingDirective 71 /305/EEC concerning the coordinationof procedures for the award of public works contracts(C3-0468/92 — SYN 439) (A3-0002/93))

Wednesday, 20 January 1993

The following spoke :— Mr Gollnisch , who protested at the fact that posterswhich his group had put up on Parliament 's premises hadbeen removed while other posters put up by the SpanishSocialist Workers ' Party had not been touched. He askedfor these posters also to be removed as they had appar­ently not been authorized by the Quaestors ;— Mr A. Simpson, Quaestor, who said that Mr Goll­nisch' s observations would be taken into account in thereport on this subject to be drawn up by the College ofQuaestors ;— Mr Ramirez Heredia, on Mr Gollnisch ' s remarks .

COMMON POSITION OF THE COUNCIL C3-0468/92— SYN 439 :

The President declared the common position approved(Part II, Item 5 ).

13. Amendment to Rule 128 of Rules ofProcedure (vote)(Harrison report — A3-041 1 /92)

16. Scientific examination of foodquestions (vote) **II(recommendation for the 2nd reading by Mrs Green— A3-0007/93).

The rapporteur spoke on ams . 2 and 3 .

TEXT OF RULES

Amendments adopted: 3 by EV (297 for, 1 1 against, 9abstentions), 4 and 2 by EV (308 for, 9 against, 4abstentions)

Amendment fallen: 1COMMON POSITION OF THE COUNCIL C3-0401 /92— SYN 332 :

Amendment adopted: 1

Amendments rejected: 2 by EV (208 for, 92 against and6 abstentions) and 3

The common position was thus amended (Part II, Item 6).

PROPOSAL FOR A DECISION

EXPLANATIONS OF VOTE:

The following spoke : Mrs Ernst de la Graete , on behalf ofthe Green Group, Mr Gollnisch, on behalf of the ERGroup and Mr Wijsenbeek, chairman of the Committeeon the Rules of Procedure , the Verification ofCredentialsand Immunities .

The rapporteur spoke .

Explanations of vote tabled in writing:

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Mr Gil Robles , Mr Ephremidis and Mr Coimbra Martins .

Mr Donnelly , chairman of the Delegation for Relationswith the United States, announced that Mr Clinton hadbeen sworn in as President of the United States that dayand expressed the hope that he would accept an invitationto address Parliament .Parliament adopted the decision (Part II , Item 3 ).

14. Contaminants in food (vote) **II(recommendation for the 2nd reading without debateby Mr Collins , on behalf of the Committee on theEnvironment, Public Health and Consumer Protec­tion , on the common position adopted by the Councilwith a view to the adoption of a Regulation layingdown Community procedures for contaminants infood (C3-0408/92 — SYN 379) (A3-0003/93))

17. Structure and strategy for European Union— Institutional role of the Council (vote)(motions for resolutions in the reports by Mr HanschA3-0 189/92 and Mr De Giovanni A3-0 190/92)

(a) A3-0 189/92 and SUPPL.

The President reminded Members that this report hadpreviously been referred back to committee pursuant toRule 7 1 and the only amendments to be put to the votewould be those on which the Committee on InstitutionalAffairs had given a favourable opinion and those whichhad been retabled pursuant to Rule 71(4), i.e. ams . 1 , 2 ,27 , 28 , 30 and 36 .

COMMON POSITION OF THE COUNCIL C3-0408/92— SYN 379 :

The President declared the common position approved(Part II , Item 4).

15.2. 93 Official Journal of the European Communities No C 42/77

Wednesday, 20 January 1993

— recital D: adopted by separate vote

— recital E : (Mr Musso):

— 1 st part : text without the words with which .... tocope and' (adopted)

— 2nd part : these words (adopted)

— recital F: adopted by separate vote

— recital G : (Mr Musso):

— 1st part : up to 'Soviet Union (adopted)

Amendments adopted: 25 , 26 (by split vote), 44 (by splitvote), 89 (compromise), 55 , 90 (compromise), 10 by EV,56, 57 , 58 , 59 , 60, 61 ( 1st part), 91 (as introduced orally),62, 42 and 64

Amendments rejected: 2 by RCV (Greens), 1 , 30, 61(2nd part) by EV

Amendment fallen: 27

Amendments withdrawn: 24, 23 , 22 , 21 , 69, 70, 18 , 72 ,16 , 74 and 75

The following spoke :

— the rapporteur, who pointed that am . 27 had fallen ;— Mr Roumeliotis and the rapporteur, on the order inwhich ams 61 and 28 had been put to the vote ;

— Mr Chanterie who, with the rapporteur' s agreement,proposed an oral amendment to am. 91 which he read out :1st phrase : unchanged,2nd phrase : 'and considers that the increase in thenumber of official languages as a result of the enlarge­ment of the Community to include new Member Stateswill make it essential to reach an agreement on thetechnical use of working languages ' (remainder deleted).

The President proposed putting this oral amendment tothe vote , pursuant to Rule 69 unless a minimum of10 Members opposed this pursuant to Rule 69(6).The rapporteur agreed to this procedure , as did Mr Laga­kos , co-author of the amendment.

— 2nd part : the words 'and with Turkey(adopted)

— 3rd part: remainder (adopted)

— recitals H and J : adopted by separate votes

— para. 5 : adopted by separate vote

— para. 6 (Greens):— 1 st part : text without the 1 st indent (adopted)— 2nd part : 1 st indent (adopted)

— paras 9 and 10, 15 , 16, 22 , last indent (Greens):adopted by separate votes

— para. 23 (LDR), 1st , 2nd and 3rd indents : adopted byseparate votes

— para. 31 (Greens): adopted by separate vote

— paras 35 (Greens): adopted by separate RCV(Greens)

— paras 36 and 37 (Greens): adopted by separate votes

Result of RCVs:

Am. 2 :

Members voting : 328For: 41Against : 281Abstentions : 6

para. 35 :Members voting : 313For: 282Against : 19Abstentions : 12

Mr Musso made a point of order.

The President noted that fewer than 10 Members hadopposed putting this oral amendment to the vote and thenmoved to the vote .

Mr Blaney spoke after the amendment had been adopted .

The different parts of the text were adopted in order.

Split votes and separate votes :

— am. 26 (Mr Musso):

— 1st part : text without the words : ' to the federalnature ....and able '

— 2nd part : these words . EXPLANATIONS OF VOTE

— am. 44 (Mr Musso): The following spoke : Mr De Clercq, on behalf of theLDR Group, Mr Boissiere , on behalf of the Green Group,Mr Moretti , on behalf of the RB Group, Mr Blot, onbehalf of the ER Group, Mrs Green, Mr Maher, Mr vander Waal , Mrs Sandbaek, Mr Beiroco, Mrs Thyssen,Mr Alavanos and Mrs Veil .

Explanations of vote tabled in writing:

Mr Dillen , Mr Ephremidis , on behalf of the LU Group,Mr Canavarro, Mrs Lulling , Mrs Reding and Mrs Jensen .

— 1st part : text without the words : ' in the direc­tion .... federal goal '

— 2nd part : these words .

— am. 61 (EPP):

— 1 st part : text without the words : 'and the numberof its Members '

— 2nd part: these words

No C 42/78 Official Journal of the European Communities 15.2.93

The following spoke :

— Mr Beumer, chairman of the Committee on Econ­omic Affairs, who asked for the following report (Harri­son, A3-0427/92) to be put to the vote that evening (thePresident announced she could not agree to this requestas the time for suspending the sitting had already passed);

— Mr Harrison, rapporteur, who supported Mr Beum­er' s request (the President repeated she could not agree tothe request);

— Mr Patterson, who asked for an assurance that thereport would be placed at the beginning of the followingday 's voting time, given that it had to be adopted thatweek (the President replied that he could have requestedan alteration to the agenda);

— Mrs Veil , who announced that, according to a pressrelease just out, the Bosnian Serb Parliament hadaccepted the peace plan proposed by the Geneva confer­ence ;

— Mr Alavanos, on Mrs Veil 's announcement.

Wednesday, 20 January 1993

Parliament adopted the resolution by RCV (EPP):Members voting : 326For: 204Against : 86Abstentions : 36

(Part II , Item 7(a)).

(b) A3-0 190/92 and SUPPL.

The President informed Members that this report had alsobeen dealt with pursuant to Rule 7 1 .

Amendments adopted: 27 , 26 , 25 , 24, 23 , 21 and 22

Amendment rejected: 3

The different parts of the text were adopted in order.

Split votes and separate votes :— recitals A, B , C, D to J and K (MrMusso): adopted by

separate votes

— para. 1 (LDR): adopted by separate vote— para. 2 (Mr Musso): adopted by separate vote— para. 4(a) (Mr Bru Purón):

END OF VOTING TIME

(The sitting was suspended at 7.15 p.m. and resumed at8.45 p.m.)— 1st part : up to ' internal Regulations (adopted)

— 2nd part : remainder (adopted)

EXPLANATIONS OF VOTE

The following spoke : Mr Barrera l Costa, on behalf of theRB Group, and Mr Gollnisch, on behalf of the ER Group.

Parliament adopted the resolution (Part II , Item 7(b)).

18. Cooperation procedure (vote)(motion for a resolution in the Prag report — A3­0384/92)

Amendment rejected: 1

Amendment withdrawn: 2

The different parts of the text were adopted in order(para . 7 was rejected by EV).

IN THE CHAIR: Sir Jack STEWART-CLARK

Vice-President

19. Question Time (questions to the Council,EPC and the Commission)

The following spoke : Mr Wijsenbeek, who protested atthe fact that visitors were not admitted to the publicgallery during Question Time and questioned the level ofrepresentation of the Council (the President undertook torefer the first part of Mr Wijsenbeek ' s remarks to thePresident of the European Parliament), and Mr Habsburg,who supported Mr Wijsenbeek.

Parliament considered a number of questions to theCouncil , EPC and the Commission (B3-0001 /93).

EXPLANATION OF VOTE

Mr Blot spoke on behalf of the ER Group.

The rapporteur spoke .

Parliament adopted the resolution (Part II , Item 8).

Questions to the Council

Question 1 by Mrs Oddy: Edinburgh Summit

Mr 0rstr0m M0ller, President-in-Office of the Council ,answered the question and supplementaries byMrs Oddy, Mr Wijsenbeek and Mr Elliott .

Question 2 by Mrs Crawley would receive a writtenanswer as its author was absent.

*

* *

15 . 2 . 93 No C 42/79Official Journal of the European Communities

Wednesday, 20 January 1993

Mr A. Smith complained about the inadequacy of theCouncil 's answers (the President replied that the Councilgave the answers it wished).

Question 16 by Mr Habsburg: Financial aid to Romania

Question 3 by Mr Lane: EC/US Farm Agreement and theCAP reform

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mr Lane and Mr Wijsenbeek.

Question 4 by Mr Ribeiro: Textiles under GATT and theMultifibre Arrangement

Mr Ørstrøm Møller answered the question and supple­mentaries by Mr Habsburg and Mr van der Waal .

Mr A. Smith queried the level of representation of theCouncil (the President ruled him out of order).

Mr Ørstrøm Møller answered the question and supple­mentaries by Mr Ribeiro, Mr Lane and Mr Killilea.

Question 5 by Mrs Izquierdo Rojo would receive awritten answer as its author was absent.

Question 6 by Mr Lalor: Less-developed regions

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mr Lalor, Mr Lane and Mr McMahon.

Question 7 by Mr Cushnahan would receive a writtenanswer as its author was absent.

Question 8 by Mr Andrews: New EC drugs surveillancesystem

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mr Andrews and Mr Habsburg .

Question 9 by Mr Arbeloa Muru: 'Opting out ' by futuremembers of the Community

Mr Ørstrøm Møller answered the question and supple­mentaries by Mr Arbeloa Muru, Mr Habsburg andMr Bonde .

Questions to EPC

Question 30 by Mr Pagoropoulos: The 415 Palestiniansexpelled from Israel

Mr 0rstr0m M0ller, President-in-Office of EPC,answered the question and a supplementary by Mr Pagor­opoulos .

The following spoke : Mr Andrews, on the level ofrepresentation of EPC (the President ruled him out oforder), Mr Killilea and Mr McMahon, on the President 'sruling in respect of Mr Andrews .

Mr Pagoropoulos put a further supplementary .

The following spoke : Mr Alavanos , on the level ofrepresentation of EPC, and Mr White , who asked theChair to indicate the procedural basis of its earlier ruling(the President reminded him of his powers with regard tothe conduct of sittings).

Question 31 by Mr McMahon: Arms sales to Iraq

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mr McMahon and Mr A. Smith .

Mr Bonde spoke on the level of representation of EPC(the President cut him off).

Questions 32 by Mr Ephremidis and 33 by Mr Cushna­han were not called as the subject was already on theweek's agenda .

Question 34 by Mr Oostlander: Reception of concentra­tion camp victims

Question 35 by Mr Woltjer: Refugees from the formerYugoslavia

Mr 0rstr0m M0ller answered the questions and supple­mentaries by Mrs Pack, deputizing for Mr Oostlander,and Mr Habsburg, both of whom began by criticizing theanswers given by EPC.

Question 10 had been withdrawn .

Questions 11 by Mr Fitzgerald and 12 by Mr Harrisonwould receive written answers as their authors wereabsent.

Question 13 by Mrs van Putten: Transitional rules for theCommunity import regime for bananas

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mrs van Putten, Mr Medina Ortega andMr Habsburg .

Question 14 by Mr Alavanos: Violation of freedom of thepress in Turkey

Mr 0rstr0m M0ller answered the question and supple­mentaries by Mr Alavanos and Mr Kostopoulos .

Question 15 by Mr A. Smith: Import and re-export ofspent nuclear fuel

Mr 0rstr0m M0ller answered the question and a supple­mentary by Mr A. Smith.

Question 36 by Mrs Banotti : UN military personnel inSomalia

No C 42/80 Official Journal of the European Communities 15.2.93

Question 58 by Mr Killilea : Commission s failure to acton ERM

Wednesday, 20 January 1993

Question 37 by Mr Andrews: Protecting aid workers inSomalia

Mr 0rstr0m M0ller answered the questions and supple­mentaries by Mrs Banotti and Sir James Scott-Hopkins .

Mr Wijsenbeek drew attention to the provisions ofAnnex II B(4) of the Rules of Procedure , and asked thatthe Bureau look into the problem of the Council represen­tation that had arisen that evening, and the poor quality ofthe answers given (the President agreed to refer thematter to the Bureau ; he also asked the Council represen­tative to convey Members ' concerns to the DanishPresidency with a view to future Question Times).

Mr Mann answered the question and supplementaries byMr Killilea, Mr McMahon and Mr Kostopoulos .

Mr McMahon spoke on the Commission 's reply .

Questions 59 by Mr Glinne and 60 by Mr Calvo Ortegawould receive written answers as their authors wereabsent.

Question 61 by Mr McGowan: The Special Programmefor South Africa

Questions to the Commission

Question 48 by Mr Woltjer would receive a Writtenanswer as its author was absent.

Question 49 by Mr Oostlander: Burden sharing withrespect to aid to the former Yugoslavia

Mr Mann, Member of the Commission, answered thequestion and supplementaries by Mrs Pack, deputizingfor the author, Mr Killilea and Mr Habsburg .

Question 50 by Mrs Oddy: Commissioner for RacialAffairs

Mr Mann answered the question and supplementaries byMrs Oddy and Mr White .

Mr Andrews spoke .

Questions 51 by Mr Geraghty and 52 by Mr McCartinwould receive written answers as their authors wereabsent.

Question 53 by Sir James Scott-Hopkins : EC CohesionFund

Mr Millan, Member of the Commission, answered thequestion and supplementaries by Sir James Scott-Hop­kins , Mr Killilea and Mr McMahon .

Question 54 by Mr Ribeiro would receive a writtenanswer as its author was absent.

Question 55 by Mr Kostopoulos : The future of agricul­tural subsidies

Mr Steichen, Member of the Commission, answered thequestion and supplementaries by Mr Kostopoulos and SirJames Scott-Hopkins .

Question 56 by Mr Iversen would receive a writtenanswer as its author was absent.

Question 57 by Mr A. Smith: Import and export ofnuclear explosive materials

Mr Marin answered the question and a supplementary byMr A. Smith .

Mr Mann answered the question and supplementanes byMr McGowan and Mrs van Putten .

Question 62 by Mrs van Putten : Community importregime for bananas

Mr Steichen answered the question and supplementariesby Mrs van Putten and Mr Medina Ortega.

Question 63 by Mrs Vayssade: The crossing ofCommun­ity borders by school groups

Mr Millan answered the question and a supplementary byMrs Vayssade .

Question 64 by Mr Alavanos: Problems arising from thelack of Community legislation on mining

Mr Millan answered the question and supplementaries byMr Alavanos, Mrs Banotti and Mr Lane .

Mr Elliott asked to be given details of the allocation ofportfolios among the members of the new Commission .

Question 65 by Mr Bowe: Proposed amendment of theTechnical Regulation 83/ 189 and the modification pro­cedure for the packaging and packaging waste Directive

Mr Steichen answered the question and a supplementaryby Mr Bowe.

Question 66 by Mr Sisó Cruellas : Construction work onthe Somport tunnel

Mr Millan answered the question and supplementaries byMr Sisó Cruellas , Mr Raffin and Mr Lane .

The President declared Question Time closed.

He announced that questions which had not been takenwould receive written answers unless their authors hadwithdrawn them before the end of Question Time.

15.2.93 Official Journal of the European Communities No C 42/81

20. Action taken on Parliament's opinions

The President announced that the Commission statementon action taken on the opinions adopted by the EuropeanParliament during the November and December part­sessions had been distributed (').

Mr Millan, Member of the Commission, spoke .

Wednesday, 20 January 1993

— Commission statement on the EEA and relationswith EFTA, followed by a debate

— Spencer report on environment and trade

— van Outrive report on the establishment of Europol

— Pasty report on sugar and isoglucose

— Denys report on electric vehicles in towns*

* *

The following spoke : Mr McMahon, who put a questionto the Commission concerning the consequences of theShetland disaster, Mr Millan , in reply , Mr Lane, whopointed out that the subject was due to be debated morefully the following morning, Mr Millan , Mrs Banotti ,who also put a question to the Commission, whichMr Millan answered .

6.30 p.m.:

votes on

— the following reports :— Harrison (A3-0427/92)— Barzanti (A3-0396/92)— Larive (A3-0 159/92)

> — Diihrkop Diihrkop (A3-0399/92 )— Hoppenstedt (A3-0389/92)— David (A3-0402/92)

21. Agenda for next sitting

The President announced the following agenda for thesitting of Thursday, 21 January 1993 : — Maher (A3-0304/92)

— David (A3-0300/92)— Musso (A3-0303/92)— Izquierdo Rojo (A3-0277/92)

10 a.m. to 1 p.m., 3 p.m. to 8 p.m.:

10 a.m. to 1 p.m.:

— topical and urgent debate— Ruiz-Gimenez Aguilar (A3-0326/92)

— motions for resolutions on the expulsion of Palestin­ians from the Occupied Territories

— motions for resolutions on the situation in the formerYugoslavia

— other motions for resolutions on which the debatehad closed

3 p.m. to 6.30 p.m.:

— Scott-Hopkins report on zoo animals *

— B. Simpson report on postal services

(') See Annex to the Verbatim Report of Proceedings of 20. 1 . 1993 . (The sitting was closed at 1 1.55 p.m.)

Enrico VINCI

Secretary-GeneralMarie Anne ISLER BEGUIN

Vice-President

No C 42/82 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

PART II

Texts adopted by the European Parliament

1. Shipments of waste **I

DRAFT REGULATION 9506/1/92 — C3-0461/92 — SYN 305

Draft Council Regulation on the supervision and control of shipments of waste within, into andout of the European Community

The draft was approved with the following amendments :

TEXT PROPOSED TEXT AMENDEDBY THE COUNCIL BY THE EUROPEAN PARLIAMENT

(Amendment No 1 )

First citation

Having regard to the Treaty establishing the European Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Article 130s Economic Community , and in particular Articles 100athereof, and 113 thereof,

(Amendment No 2)

Title 11a

TITLE Ha — Shipments of waste within Member States Deleted

Article 13

1 . Titles II, VI and VII shall not apply to shipmentswithin a Member State.

2. Member States shall however establish an appro­priate system for the supervision and control of ship­ments of waste within their jurisdiction. This systemshould take account of the needfor coherence with theCommunity system established by this Regulation.

3. Member States shall inform the Commission oftheirsystems for the supervision and control of shipments ofwaste. The Commission shall inform the other MemberStates thereof.

4. Member States may apply the system ofTitles II, VIand VII within their jurisdiction.

(Amendment No 3)

Article 16(1 )

1 . All exports of waste for recovery shall be prohibited 1 . All exports of waste for recovery shall be prohibitedexcept to : except those to other OECD States which are Parties to

the Basel Convention.

15.2 . 93 Official Journal of the European Communities No C 42/83

Wednesday, 20 January 1993

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

TEXT PROPOSEDBY THE COUNCIL

This exception shall apply for seven years after the entryinto force of this Regulation.(Amend rest of Title III accordingly)

(a) countries to which the OECD decision applies;(b) other countries

— which areparties to the Basel Convention and/orwith which the Community, or the Communityand its Member States, have concluded bilateralor multilateral or regional agreements orarrangements in accordance with Article 11 ofthe Basel Convention andparagraph 2 below; or

— with which individual Member States have con­cluded bilateral agreements and arrangementsprior to the date of application of this Regula­tion, insofar as these are compatible with Com­munity legislation and in accordance withArticle 11 of the Basel Convention and para­graph 2 below. These agreements and arrange­ments shall be notified to the Commission within3 months of the date of application of thfRegulation or of their date of application, whi­chever is the earlier and shall expire whenagreements or arrangements are concluded inaccordance with indent 1 above.

(Amendment No 4)

Article 44(1 )

1 . This Regulation shall enter into force 15 monthsfollowing its publication in the Official Journal of theEuropean Communities .

1 . This Regulation shall enter into force on the 40thday following that of its publication in the OfficialJournal of the European Communities .

LEGISLATIVE RESOLUTION A3-0004/93(Cooperation procedure : first reading — Reconsultation)

Legislative resolution embodying the opinion of the European Parliament on the draft CouncilRegulation on the supervision and control of shipments of waste within, into and out of the

European Community

The European Parliament,

— having regard to the original Commission proposal to the Council (COM(90)0415 — SYN305)0,

— having regard to its original opinion on the proposal at first reading ( 2 ),

— having regard to the Commission 's amended proposal (COM(92)0121 ) (3),

(■) OJ No C 289, 17.11.1990, p. 9 .(2 ) OJ No C 326, 16.12.1991 , p . 130 and OJ No C 94, 13.4.1992, p . 276.(3 ) OJ No C 115 , 6.5.1992, p. 4 .

No C 42/84 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

— having been reconsulted by the Council (9506/ 1 /92 — C3-0461 /92),

— having regard to the report of the Committee on the Environment, Public Health andConsumer Protection (A3-0004/93) and the opinions of the Committee on Legal Affairs andCitizens ' Rights, the Committee on Economic and Monetary Affairs and Industrial Policy,the Committee on Transport and Tourism and the Committee on Development andCooperation,

1 . Disputes the appropriateness of the legal basis proposed by the Council ;

2 . Considers that the Council proposal should be based on Articles 1 00a and 1 1 3 of the EECTreaty ;

3 . Considers that the Regulation should also apply to shipments of waste within a MemberState ;

4 . Upholds its opinion at first reading that exports of waste for recovery should be prohibited,except to other OECD States which are parties to the Basle Convention ; this exception shouldapply for seven years after the entry into force of the Regulation ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6 . Instructs its President to forward this opinion to the Council and Commission .

2. European association and European cooperative and mutual societies **1

I. PROPOSAL FOR A REGULATION COM(91)0273 — C3-0120/92 — SYN 386

Proposal for a Council Regulation on the statute for a European association

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES (*) BY THE EUROPEAN PARLIAMENT

(Amendment No 1 )

Recital 7

Whereas today almost all associations and foundations ,in pursuit of their aims play a full part in the life of theeconomy, by engaging on a regular basis in someeconomic activity, as their main activity or as a secondaryone;

Whereas today many associations and foundations , inpursuit of their aims play a part in the life of the economy,by engaging in some economic activity, as their mainactivity or as a secondary one;

(Amendment No 2)

Article 1(1 )

1 . A European association (EA) shall be a permanentgrouping of natural and/or legal persons whose memberspool their knowledge or their activities for a purpose inthe general interest or in order to promote the trade orprofessional interests of its members in the most diverseareas .

1 . A European association (EA) shall be a permanentbody whose members pool their knowledge or theiractivities either for a purpose in the general interest asunderstood in the legal system of the Member State inwhich the EA has its registered office or in order directlyor indirectly to promote the trade or professional interestsof its members .

(*) OJ No C 99, 21.4.1992, p. 1 .

15.2 . 93 Official Journal of the European Communities No C 42/85

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

The profits from any economic activity earned out by the (see Amendment No 3)EA shall be devoted exclusively to the pursuit of itsobjects , and may not be divided amongst the members .

(Amendment No 3)

Article 1(2), second paragraph (new)

The profits from any economic activity carried out by theEA shall be devoted exclusively to the pursuit of itsobjects , and may not be divided amongst the members .

(Amendment No 165 )

Article 2(2)

2 . An EA's legal personality shall entitle it in particu­lar to perform any of the following acts , provided they arenecessary for the pursuit of the EA's objects :(a) to conclude contracts and perform other legal acts ;(b) to acquire movable and immovable property ;(c) to receive donations and legacies ;

(d) to employ staff;(e) to be a party to legal proceedings .

2 . An EA's legal personality shall entitle it in particu­lar to perform any of the following acts necessary for thepursuit of the EA's objects :(a) to conclude contracts and perform other legal acts ;(b) to acquire movable and immovable property ;(c ) to receive donations and legacies , including through

appeals to public generosity ;(d) to employ staff;(e ) to be a party to legal proceedings .

(Amendment No 5)

Article 3(1 )

.1 . The following may form an EA:— two or more legal entities, formed under the law of a

Member State, set out in the Annex and having theirregistered office and central administration in at leasttwo Member States ,

— at least 21 natural persons being nationals ofat leasttwo Member States .

The following may form an EA:two or more legal entities , formed under the law of aMember State and having their registered office andcentral administration in at least two Member States ,

at least seven natural persons resident in at least twoMember States,

one or more legal entities in agreement with seven ormore natural persons resident in at least two Mem­ber States.

(Amendment No 6)

Article 3(2), first and second subparagraphs

2 . An association which has been formed in accordancewith the law of a Member State and has its registeredoffice and central administration in the Community mayform an EA by converting into EA form if it has anestablishment in a Member State other than that of itscentral administration.

2 . An association which has been formed in accordancewith the law of a Member State and has its registeredoffice and central administration in the Community mayform an EA by converting into EA form if it has anestablishment in a Member State other than that of itscentral administration, and can demonstrate that it iscarrying on genuine and effective cross-border activities .

Such conversion shall not result in the association beingwound up or in the creation of a new legal person .

Such conversion shall not result in the association beingwound up or in the creation of a new legal person andshall not affect the protection of employees and creditorsprovided prior to the conversion .

No C 42/86 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 7)

Article 3(3), seventh indent

— the rights and obligations of members , and the — the rights and obligations of members,different categories ofmember ifany, and the rightsand obligations ofmembers in each category,

(Amendment No 8)

Article 5(1 )

1 . The registered office of an EA may be transferredwithin the Community . Such transfer shall not result inthe EA being wound up or in the creation of a new legalperson .

1 . The registered office of an EA may be transferredwithin the Community . Such transfer shall not result inthe EA being wound up or in the creation of a new legalperson and shall not affect the protection of employeesand creditors provided prior to the transfer .

(Amendment No 9)

Article 6(1 )

1 . An EA shall be governed, where its statutes areconcerned, by the provisions of this Regulation and by itsown statutes, provided that they comply with this Regu­lation.

In areas not covered by this Regulation, the EA shall begoverned by the law of the Member State in which it hasits registered office, as applied to the legal entities listed inthe Annex.

1 . An EA shall be governed :(a) — by the provisions of this Regulation,

— where expressly authorized by this Regulation,by the provisions freely determined by the par­ties in the statutes of the EA;failing this:

(b) — by the law of the Member State in which the EAhas its registered office,as determined by thatState,

— by the provisions freely determined by the par­ties in the statutes of the EA, in accordance withthe law of the Member State in which the EA hasits registered office.

(Amendment No 10)

Article 6(2)

2 . Where a State comprises several territorial units ,each of which has its own rules of law applicable to thematters referred to in paragraph 1 , each territorial unitshall be considered a State for the purposes of identifyingthe law applicable under point (b) of paragraph 1 .

2 . Where a State comprises several territorial units,each of which has its own rules of law applicable to thematters referred to in paragraph 1 , each territorial unitshall be considered a State for the purposes of identifyingthe law applicable under paragraph 1 .

(Amendment No 1 1 )

Article 6(3)

3 . In each Member State and subject to the expressprovisions of this Regulation, an EA shall have the samerights , powers and obligations as an association formedunder the law of the Member State in which the EA has itsregistered office .

3 . In each Member State and subject to the expressprovisions of this Regulation, an EA shall have the samerights , powers and obligations as :— an association formed under the law of the Member

State in which the EA has its registered office, withregard to its Statute;

— an association formed under the law of the States inwhich the EA carries on its activities and establishescontractual relations.

15.2.93 Official Journal of the European Communities No C 42/87

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSIONOF THE EUROPEAN COMMUNITIES

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 137 )

Article 7(4), introductory phrase

4 . Member States shall take the measures required toensure that the following documents and particulars aredisclosed as provided for in paragraph 3 :

4 . In the case of associations which are defined aseconomic under the national law of the Member States,with the exception of professional or inter-professionalgroups, Member States shall take the measures requiredto ensure that the following documents and particularsare disclosed as provided for in paragraph 3 :

(Amendment No 12)

Article 20, heading

(Resolutions affecting the rights of a class ofmember) (Resolutions affecting the rights of specific members)

(Amendment No 13 )

Article 20, second paragraph

Where the statutes are to be amended in a way whichaffects a particular class ofmember, those members shalldecide by a majority of two thirds of the votes cast .

Where the statutes are to be amended in a way whichaffects specific members, those members shall decide bya majority of two thirds of the votes cast .

(Amendment No 14)

Article 22(4)

4. The member or members of the executive commit­tee shall be appointed and removed by the generalmeeting .

4 . With the exception of the election of the employees 'representatives pursuant to Article 3(1) ofDirective .J.JEEC, the members of the executive committee shall beappointed and removed by the general meeting .

(Amendment No 15 )

Article 31(2)

2 . All members of the executive committee shall carryout their functions in the interests of the EA and inpursuit of its objects.

2 . All members of the executive committee shall carryout their functions in the interests of the EA, havingregard in particular to the interests of the members andthe employees.

(Amendment No 16)

Article 33(2)

2. Where the executive committee is composed ofmore than one member, all the members shall be jointlyand severally liable for loss or damage sustained by theEA. However, a member may be relieved ofliability ifhecan prove that he is not in breach of the obligationsattaching to his functions .

2 . Where the executive committee is composed ofmore than one member, all the members shall be jointlyand severally liable for loss or damage sustained by theEA. However, each member of the EA 's executive com­mittee shall be personally liable for loss or damagesustained by the association where proven to be in breachof the obligations attaching to his functions .

No C 42/88 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 1 7)

Article 37(1 )t

1 . For the purposes of drawing up its annual accountsand its consolidated accounts if any, including the annualreport accompanying them and their auditing and publi­cation, the EA shall be subject to the measures adopted inthe State in which it has it has its registered officepursuant to Directives 78/660/EEC and 83/349/EEC.

1 . For the purposes of drawing up its annual accountsand its consolidated accounts if any, including the annualreport accompanying them and their auditing and publi­cation, the EA shall be subject to the measures adopted inthe State in which it has it has its registered officepursuant to Directives 78/660/EEC and 83/349/EEC,having regard, however, to the specific features of itsstatute.

(Amendment No 1 8)

Article 38

The annual accounts of the EA and its consolidatedaccounts if any, shall be audited by one or more personsauthorized to do so in the Member State in which the EAhas its registered office in accordance with the measuresadopted in that State pursuant to Directives 84/253/EECand 89/48/EEC. Those persons shall also verify that theannual report is consistent with the annual accounts, andthe consolidated accounts if any, for the same financialyear.

The annual accounts of the EA and its consolidatedaccounts if any, shall be audited by one or more personsauthorized to do so in the Member State in which the EAhas its registered office in accordance with the measuresadopted in that State pursuant to Directives 84/253/EECand 89/48/EEC. Those persons shall also verify that theannual report is consistent with the annual accounts , andthe consolidated accounts if any, for the same financialyear. The EA may make use of the options set out inArticle 47 of Directive 78/660/EEC.

(Amendment No 19)

Article 39

The annual accounts , the consolidated accounts if any,duly approved, and the annual report and audit reportshall be disclosed in the manner provided for by the lawof the Member State in which the EA has its registeredoffice, in accordance with Article 3 of Directive 68/151 /EEC .

The annual accounts , the consolidated accounts if any,duly approved, and the annual report and audit reportshall be disclosed in the manner provided for by the lawof the Member State in which the EA has its registeredoffice , in accordance with Article 3 of Directive 68/1 5 1 /EEC. The EA may make use of the options set out inArticle 27 of Directive 78/660/EEC.

(Amendment No 20)

Article 41

1 . An EA may avail itself of all forms of financing underthe most favourable conditions as those applying to theEA 's founding entities in the State in which it has itsregistered office .

1 . An EA may avail itself of all forms of financing underthe most favourable conditions as those applying to theassociations in the State in which it has its registeredoffice and to establishments belonging to those entities ina Member State other than that in which the entities havetheir central administration .

(Amendment No 2 1 )

Annex, title

Legal entities mentioned in Article 6Legal entities mentioned in Article 3

15.2.93 Official Journal of the European Communities No C 42/89

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSIONOF THE EUROPEAN COMMUNITIES

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 22)

Annex, United Kingdom

Companies limited by guarantee , organizations incorpo­rated by Royal Charter or Act of Parliament, industrialand provident societies or friendly societies , and allinstitutions established for exclusively charitable pur­poses .

Companies limited by guarantee, organizations incorpo­rated by Royal Charter or Act of Parliament, industrialand provident societies or friendly societies , unincorpo­rated associations or organizations and all institutionsestablished for exclusively charitable purposes .

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Regulation (EEC) on the statute for a European association

The European Parliament,

— having regard to the Commission proposal to the Council (COM(9 1)0273 — SYN 386) (')

— having been consulted by the Council pursuant to Article 100a of the EEC Treaty(C3-0 120/92),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs , Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vote thereon ;

2 . Calls on the Commission to amend its proposal accordingly , pursuant to Article 149(3 ) ofthe EEC Treaty ;

3 . Decides to open the conciliation procedure should the Council intend to depart from the textapproved by Parliament ;

4 . Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6. Instructs its President to forward this opinion to the Council and Commission .

(') OJ No C 99, 21.4.1992, p. 1 .

No C 42/90 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

II. PROPOSAL FOR A DIRECTIVE COM(91)0273 — C3-0121/92 — SYN 387

Proposal for a Council Directive supplementing the statute for a European association withregard to the involvement of employees

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES (*) BY THE EUROPEAN PARLIAMENT

(Amendment No 23)

Recital 3

Whereas it is desirable to coordinate information andconsultation arrangements at Community level in orderto develop dialogue between the executive committee ofEAs and employees ;

Whereas it is desirable to coordinate information, consul­tation and/or participation arrangements at Communitylevel in order to develop dialogue between the executivecommittee of EAs ancl employees ;

(Amendment No 24)

Recital 4

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofassociations ; whereas in order to ensure a harmoniousdevelopment of economic activities , EAs carrying oncross-border activities must adopt, if appropriate, aparticipation model, or, failing this, inform and consultemployees on decisions which concern them;

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofassociations ; whereas it is essential for the proper func­tioning of the internal market to ensure a harmoniousdevelopment of economic activities ; whereas, for theavoidance of unequal conditions of competition, EAscarrying on cross-border activities must adopt models ofparticipation which provide equivalent levels of partici­pation, the existence of several different models beingdesigned to enable the form ofparticipation to be adaptedto national practices; whereas EAs must inform andconsult employees on decisions which concern them aswell ; whereas the model of participation selected may notprejudice the established rights of workers or the mostfavourable practices in the Member States ;

(Amendment No 25)

Recital 6

Whereas appropriate provisions must be adopted toensure that employees of EAs are properly informed andconsulted where decisions likely to affect their interestsare taken in a Member State other than that in which theyare employed;

Whereas appropriate provisions must be adopted toensure that employees of EAs are properly informed andconsulted without undue delay where decisions likely toaffect their interests or which have a potential impact onthe prospects of the EA and the conditions of employmentare taken in a Member State other than that in which theyare employed;

(*) OJ No C 99, 21.4.1992, p. 14 .

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TEXT PROPOSED BY THE COMMISSION , TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 26)

Recital 7

Whereas the laws, Regulations and administrative provi­sions of the Member States governing the participation ofemployees in certain national legal entities may be madeapplicable to EAs ;

Whereas the laws, Regulations and administrative provi­sions of the Member States governing a particular formof participation of employees in certain national legalentities may be made applicable to EAs ;

(Amendment No 27)

Recital 9

Whereas the natural persons who founded the EA or,where no agreement is reached prior to registration of theEA, the founder entities should propose to the generalmeeting called to approve the formation of the EA certainrequirements with respect to informing and consultingemployees ;

Whereas the natural persons who founded the EA or,where no agreement is reached prior to registration of theEA, the founder entities should propose to the generalmeeting called to approve the formation of the EA certainrequirements with respect to informing, consulting and/or involving employees pursuant to this Directive ;

(Amendment No 28)

Recital 10

Whereas the information and consultation committee or Deletedany other alternative body must be informed and con­sulted about activities and strategies ofthe EA capable ofaffecting employees ' interests;

(Amendment No 29)

Recital 11

Whereas in order to ensure the proper functioning of theinternal market and avoid any inequality in the terms ofcompetition, the employees of the EA should be guaran­teed equivalent levels of information and consultation ;

Whereas in order to ensure the proper functioning of theinternal market and avoid any inequality in the terms ofcompetition, the employees of the EA should be guaran­teed equivalent levels of information, consultation and/orparticipation;

(Amendment No 30)

Title I, heading

Participation Information, consultation and participation arrange­ments

(Amendment No 3 1 )

Title II, heading

DeletedTITLE II

Information and consultation arrangements

No C 42/92 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

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TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 32)

Article 3(1 )

1 . The executive committees of the founder entitiesand the representatives of the employees of those entitiesprovided for by the laws and practices of the MemberStates shall agree arrangements for informing and con­sulting the employees of the EA.

1 . The executive committees of the founder entitiesand the representatives of the employees of those entitiesprovided for by the laws and practices of the MemberStates shall agree arrangements for informing, consultingand/or involving employees of the EA which correspondto the models laid down in Directive .J..JEEC supple­menting the statute for a European company with regardto the position of employees.

The agreement must be concluded in writing before theEA is registered .

The agreement must be concluded in writing before theEA is registered .

(Amendment No 33)

Article 3(2)

2. Where the EA is formed solely by natural persons ,those persons shall lay down information and consulta­tion procedures on the basis of the requirements withrespect to informing and consulting employees set out inArticle 4(1 ); those procedures must be submitted to thegeneral meeting called to approve the formation of theEA.

2 . Where the EA is formed solely by natural persons ,those persons shall lay down information, consultationand/or participation procedures on the basis of therequirements with respect to informing, consulting and/or involving employees set out in Article 4(1 ); thoseprocedures must be submitted to the general meetingcalled to approve the formation of the EA.

(Amendment No 34)

Article 3(3)

3 . Where in the circumstances described in para­graph 1 no agreement can be reached, the representativesof the employees of the founder entities may make awritten statement setting out why in their opinion theformation of the EA is contrary to the employees 'interests and what measures should be taken with respectto the employees .

3 . Where in the circumstances described in para­graph 1 no agreement can be reached which correspondsto the models laid down in Directive .../.../EEC supple­menting the Statute for a European company with regardto the position of employees, either of the negotiatingparties may call in a conciliation committee comprisingrepresentatives of the original negotiating parties and anindependent person from public life whose appointmentmust be agreed by both parties. This committee shall takethe final decision on the model to be put to the generalmeeting. The representatives of the employees of thefounder entities may make a written statement setting outwhy in their opinion the formation of the EA is contraryto the employees ' interests and what measures should betaken with respect to the employees if they do not agreewith the outcome of the procedure in the conciliationcommittee.

(Amendment No 35)

Article 3(4), second indent

— the statement by the employees ' representatives — the statement by the employees ' representativesreferred to in paragraph 3 . referred to in paragraph 3 and the outcome of the

procedure in the conciliation committee.

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(Amendment No 36)

Article 3(5)

5 . The general meeting called to approve the formationof the EA shall ratify the information and consultationarrangements embodied in the agreement referred to inparagraph 1 , or, where no agreement has been reached,shall decide on the arrangements which are to apply tothe EA in the light of the report and of the statementreferred to in paragraphs 3 and 4.

5 . The general meeting called to approve the formationof the EA shall ratify the participation model embodied inthe agreement referred to in paragraph 1 , or, where noagreement has been reached, shall decide on the modelwhich is to apply to the EA in the light of the outcome ofthe procedure in the conciliation committee and of thestatement referred to in paragraphs 3 and 4.

(Amendment No 37)

Article 3(8)

8 . In the event of the registered office of a EA beingtransferred to another Member State , the information ,consultation and/or participation arrangements in exis­tence before the transfer may be altered only by agree­ment between the executive committee of the EA and therepresentatives of its employees .

8 . In the event of the registered office of a EA beingtransferred to another Member State , the information andconsultation arrangements in existence before the trans­fer may be altered only in accordance with the procedurelaid down in this Article. The parties to the negotiationsshall be the executive committee of the EA and therepresentatives of the employees of the EA .

(Amendment No 38)

Article 4(1 ), introductory clause

1 . The executive committee of the EA shall inform andconsult in good time the employees of that entity at leastin the following areas :

1 . The executive committee of the EA shall inform,consult and/or involve in good time the employees of thatentity at least in the following areas :

(Amendment No 39)

Article 4(l)(a)

(a) any proposals which might significantly affect theinterests of the employees of the EA, without preju­dice to the Community provisions concerning infor­mation and consultation, and in particular Directives75/ 129/EEC, 77/187/EEC and .../EEC (on the estab­lishment of a European Works Council);

(a) any proposals which might significantly affect theinterests of the employees of the EA, or which have apotential impact on the prospects of the EA and theconditions of employment and especially all mattersconcerning working conditions and all decisionsrequiring the approval of the executive committee,without prejudice to the Community provisions con­cerning information and consultation, and in particu­lar Directives 75/ 129/EEC, 77/ 187/EEC and .../EEC(on the establishment of a European Works Council);

(Amendment No 40)

Article 4(l)(da) (new)

(da) the development and organization of vocationaltraining undertaken in the EA and any matteraffecting the health and safety of employees, withequal and joint participation in the development ofhealth and safety programmes and policies in the EA.

No C 42/94 Official Journal of the European Communities 15.2.93

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(Amendment No 41 )

Article 4(2)

2 . The employees of the EA shall be informed andconsulted :

within a separate committee representing theemployees of the EA; orwithin any other structure agreed between the execu­tive committees of the founder entities and therepresentatives of the employees of those entities .

2. The employees of the EA shall be informed andconsulted and shall participate :— via special employees ' representatives on the execu­

tive committee of the EA or

— within a separate committee representing theemployees of the EA; or

— within any other structure agreed between the execu­tive committees of the founder entities and therepresentatives of the employees of those entities .

The information, consultation and participation pro­cedure must be completed in good time before the finaldecision is reached, so that any objections raised by theemployees' representatives may be taken into account.

A Member State may restrict this choice in the case ofEAs having their registered head office in its territory .

A Member State may restnct this choice in the case ofEAs having their registered office in its territory .

(Amendment No 42)

Article 4(3)

3 . This Directive shall not apply to any EA with fewerthan 50 employees .

3 . In an EA with fewer than 50 employees the twoparties may decide that simplified information and con­sultation arrangements should be laid down, subject tocompliance with paragraph 1 .

(Amendment No 43)

Article 5(2), second subparagraph (new)

The elected representatives may carry out their dutiesduring working hours. No disciplinary measures may betaken against them in relation to actions connected withthe performance of their duties. They may not be routine­ly dismissed during their period of office.

(Amendment No 44)

Article 5a (new)

Article 5a

When incorporating this Directive into national law,Member States may lay down special provisions govern­ing undertakings and firms whose immediate and princi­pal objectives(a) consist ofcarrying out political, religious, humanitar­

ian, charitable, educational, scientific or artisticactivities, or

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TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(b) are connected with the supply of information to thepublic or the expression of opinions. These specialprovisions may consist only of laws which ensure thatthese undertakings enjoy the freedoms to which theyare entitled under the legislation in force in theindividual Member States.

(Amendment No 45)

Title III, heading

TITLE IITITLE III

Final provisions Final provisions

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Directive supplementing the statute for a European association with

regard to the involvement of employees

The European Parliament,

— having regard to the Commission proposal to the Council (COM(9 1)0273 — SYN 387) ('),

— having been consulted by the Council pursuant to Article 54 of the EEC Treaty (C3­0121 /92),

/

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs , Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vote thereon;

2 . Calls on the Commission to amend its proposal accordingly, pursuant to Article 149(3 ) ofthe EEC Treaty ;

3 . Calls for the conciliation procedure to be opened if the Council should intend to depart fromthe text approved by Parliament ;

4 . Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6 . Instructs its President to forward this opinion to the Council and Commission .

(') OJ No C 99, 21.4.1992, p. 14 .

No C 42/96 Official Journal of the European Communities 15.2 . 93

Wednesday, 20 January 1993

III. PROPOSAL FOR A REGULATION COM(91)0273 — C3-0122/92 — SYN 388

Proposal for a Council Regulation on the statute for a European cooperative society

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES (*) BY THE EUROPEAN PARLIAMENT

(Amendment No 46)

Recital 8

Whereas respect for the principle of the primacy of theindividual is reflected in the specific rules on member­ship, resignation and expulsion, where the 'one man, onevote ' rule is laid down and the right to vote is vested in theindividual , with the implication that Members cannotexercise any rights over the assets of the cooperative ;

Whereas these particular principles notably include theprinciple of the primacy of the individual which isreflected in the specific rules on membership, resignationand expulsion, where the 'one man, one vote ' rule is laiddown and the right to vote is vested in the individual , withthe implication that Members cannot exercise any rightsover the assets of the cooperative ;

(Eighth recital becomes ninth recital and ninth recitalbecomes eighth recital)

(Amendment No 47)

Recital 12

Whereas the essential aim of the legal rules governing theEuropean cooperative society implies that such a cooper­ative may be set up by legal entities established under thelaws of different Member States , or by transformation ofa national cooperative into the new form, without firstbeing wound up, so long as the cooperative has itsregistered office and central administration in the Com­munity and an establishment or subsidiary in a MemberState other than that in which it has its central adminis­tration ; in this last case , the cooperative must engage ingenuine and effective cross-border activity ;

Whereas the essential aim of the legal rules governing theEuropean cooperative society implies that such a cooper­ative may be set up by legal entities or persons esta­blished under the laws of different Member States , or bytransformation of a national cooperative into the newform, without first being wound up, so long as thecooperative has its registered office and central adminis­tration in the Community and an establishment or subsid­iary in a Member State other than that in which it has itscentral administration; in this last case , the cooperativemust engage in genuine and effective cross-border activ­ity ;

(Amendment No 48)

Article 3(2), first subparagraph

2 . Where the transfer of the registered office results ina change of the law applicable pursuant to Article 4( \)(b),a transfer proposal shall be published in accordance withArticle 6 .

2 . Where the transfer of the registered office results ina change of the law applicable pursuant to Article 4( 1 ),a transfer proposal shall be published in accordance withArticle 6 .

(*) OJ No C 99, 21.4.1992, p . 17 .

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TEXT PROPOSED BY THE COMMISSION . TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 49)

Article 4(1 )

1 . An SCE shall be governed: 1 . An SCE shall be governed by its own statutes, whichmust conform to the provisions of this Regulation. Inareas not covered by this Regulation, the SCE shall begoverned by the law of the Member State in which it hasits registered office , as applied to cooperatives, in accord­ance with the type of cooperative chosen by the SCE.

(a) — by the provisions of this Regulation,— where expressly authorized by this Regulation,

by the provisions freely determined in the sta­tutes of the SCE;failing this:

(b) — by the provisions of the law governing cooper­ative societies in the Member State in which theSCE has its registered office ,

— by the provisions freely determined by the par­ties in the statutes ofthe SCE, in accordance withthe same conditions as for cooperative societiesgoverned by the law of the Member State inwhich the SCE has its registeredoffice.

(Amendment No 50)

Article 4(2)

2 . Where a State compnses several territorial units ,each of which has its own rules of law applicable to thematters referred to in paragraph 1 , each territorial unitshall be considered a State for the purposes of applyingthe law applicable under point (b) of paragraph 1 .

2 . Where a State compnses several territorial units ,each of which has its own rules of law applicable to thematters referred to in paragraph 1 , each territorial unitshall be considered a State for the purposes of applyingthe law applicable under paragraph 1 .

(Amendment No 162)

Article 4(4), second indent

in the absence of Community legislation, nationalprovisions regulating access or the exercise of cer­tain activities such as credit or insurance .

— in the absence of Community legislation , the provi­sions of the laws governing access to or the exerciseof certain activities such as credit or insurance in theMember State in which the SCE has its registeredoffice.In particular, this Regulation shall not be usedas a reason for amending the list of entities inArticle 2(2) of Council Directive 77/780/EEC towhich Council Directive 89/646/EEC does not apply .

(Amendment No 5 1 )

Article 5(4)(c), first indent

are authorized to represent the SCE in dealings with — are authorized to represent the SCE, individually orthird parties and in legal proceedings , jointly, in dealings with third parties and in legal

proceedings,

(Amendment No 52)

Article 5(5)/

5 . If, pnor to its acquisition of legal personality , steps 5 . If, prior to its acquisition of legal personality , stepshave been taken in the name of an SCE and the SCE does have been taken in the name of an SCE and the SCE doesnot assume the obligations arising from those steps , the not assume the obligations arising from those steps , thepersons who took them shall be jointly and severally persons who took them shall be jointly and severallyliable therefor, unless otherwise agreed. liable therefor,

No C 42/98 Official Journal of the European Communities 15 . 2 . 93

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(Amendment No 53)

Article 9(1 )

1 . An SCE may be formed as follows:1 . An SCE may be formed by any two or more of thelegal entities formed under the law of a Member Statewhich are listed in the Annex provided at least two ofthem have their registered office and central administra­tion in different Member States .

— by natural persons only, viz. five or more naturalpersons resident in at least two different MemberStates;

— by five or more natural persons resident in at leasttwo different Member States and one or more legalpersons governed by public or private law. In thiscase the statutes shall determine whether the major­ity at general meetings must be constituted by thenatural persons;

— by two or more legal persons governed by public orprivate law having their registered office and centraladministration in at least two different MemberStates .

(Amendment No 54)

Article 9(2a) (new)

2a. An SCE may be formed by means of merger ofnational cooperatives and/or SCEs and, in general, maymerge with other SCEs or national cooperatives wherepermitted under the legal statutes of the legal entities tobe merged.

(Amendment No 55)

Article 11(4)

4 . An alphabetical index of all members holding 4 . An alphabetical index of all members holdingshares shall be kept at the registered office of the SCE, shares shall be kept at the registered office of the SCE,showing their addresses and the number and class , if any, showing their addresses and the number and class , if any ,of the shares they hold . Any interested party may inspect of the shares they hold .the index on request, and may obtain a copy of the wholeor any part at a price not exceeding the administrativecost thereof

(Amendment No 56)

Article 12(1 ), third indent a (new)

— upon death or insolvency ;

(Amendment No 57)

Article 13(1 ), first subparagraph

1 . Except where shares are assigned, loss of member­ship shall entitle the member to repayment of the capitalhe has subscribed, reduced in proportion to any lossescharged against the capital of the SCE.

1 . Except where shares are assigned, loss of member­ship shall entitle the member to repayment of the capitalhe has subscribed, reduced in proportion to any lossescharged against the capital of the SCE, unless the statutesstipulate otherwise .

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(Amendment No 58)

Article 14(2)

2 . The capital of an SCE shall amount to not less thanECU 100 000 or the equivalent in national currency .

2 . The capital of an SCE shall amount to not less thanECU 1 00 000 or the equivalent in national currency if theSCE has been formed by legal persons governed bypublic or private law.

The capital of an SCE shall amount to not less thanECU 15 000 or the equivalent in national currency if theSCE has been formed by natural persons and/or thestatutes lay down that members who are natural personsshall constitute the majority at general meetings.

(Amendment No 59)

Article 15(5)

5 . The statutes shall lay down the minimum number ofshares which must be subscribed for in order to qualifyfor membership, and may lay down the maximum pro­portion of the capital which any one member is entitled tohold .

5 . The statutes shall lay down the minimum number ofshares which must be subscribed for in order to qualifyfor membership . If they stipulate that the majority atgeneral meetings must be constituted by members whoare natural persons and if they lay down a subscriptionrequirement for members wishing to take part in theactivities of the SCE, they may not make membershipsubject to subscription for more than one share. Theyshall also lay down the maximum proportion of thecapital which any one member is entitled to hold .

(Amendment No 60)

Article 15(6), fourth subparagraph

The capital may be increased by the capitalization of allor part of the reserves available for distribution, bydecision of the general meeting, in accordance with thequorum and majority requirements for an amendment ofthe statutes .

At the proposal of the administrative board or manage­ment board, the capital may be increased by the capital­ization of all or part of the reserves available for distribu­tion , following a decision of the general meeting, inaccordance with the quorum and majority requirementsfor an amendment of the statutes .

(Amendment No 61 )

Article 18(1 )

1 . Not less than 25% of the members of the SCE, 1 . Not less than 10% of the members of the SCE maywhich proportion may be reduced by the statutes, may request that the general meeting be convened and itsrequest that the general meeting be convened and its agenda set .agenda set .

(Amendment No 62)

Article 19(2), second indent

— the place and date of the meeting, — the place , date and time of the meeting,

No C 42/100 Official Journal of the European Communities 15.2 . 93

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(Amendment No 63)

Article 19(3)

3 . i The period between the date of publication of thenotice or the date of dispatch of the communicationreferred to in paragraph 1 and the date of the opening ofthe general meeting shall be not less than 30 days .

3 . The period between the date of publication of thenotice or the date of dispatch of the communicationreferred to in paragraph 1 and the date of the opening ofthe general meeting shall be not less than 30 days .However, it may be reduced to 10 days in very urgentcases .

(Amendment No 64)

Article 20

Not less than 25% of the members of the SCE, whichproportion may be reduced by the statutes, may , within10 days of receipt of the notice convening a generalmeeting, request the addition of one or more items to theagenda.

Not less than 10% of the members of the SCE may ,within 10 days of receipt of the notice convening ageneral meeting, request the addition of one or moreitems to the agenda.

(Amendment No 65)

Article 22(2)

2 . The statutes may allow members to have more thanone vote . The statutes shall , in that event, lay down thecircumstances in which a member may have more thanone vote ; this must depend on the measure to which themember takes part in the SCE's activities . The statutesmust lay down limits on the number of votes which maybe cast by a single member and the number of othermembers for whom a member may act as proxy .

2 . The statutes may allow members to have more thanone vote when the SCE does not consist of naturalpersons only . The statutes shall , in that event, lay downthe circumstances in which a member may have morethan one vote ; this must depend either on the measure towhich the member takes part in the SCE's activities or,solely in the case of the non-user members referred to inArticle 11(1), on the proportion of capital held. Thestatutes must lay down limits on the number of voteswhich may be cast by a single member to ensure that nomember personally controls more than a tenth of thevotes at each general meeting. They must also lay downthe number of other members for whom a member mayact as proxy .

(Amendment No 66)

Article 26(3)

3 . The minutes and the documents annexed theretoshall be retained for at least five years . A copy of theminutes and the documents annexed thereto may beobtained by any member, free of charge, upon request.

3 . The minutes and the documents annexed theretoshall be retained for at least five years . A copy of theminutes and the documents annexed thereto may beobtained by any member, upon request, in return forpayment of the administrative cost .

(Amendment No 67)

Article 28

Where the SCE carries on several distinct activities , orwhere it has several establishments , or where its activitiesspan more than one territorial unit, or where it has more

Where the SCE carries on several distinct activities , orwhere it has several establishments, or where its activitiesspan more than one territorial unit, or where it has more

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than 500 members, the statutes may provide for theholding of sectional meetings to consider the sameagenda separately before the general meeting is held.These meetings shall elect delegates, who shall in theirturn be convened as the general meeting. The statutesshall lay down the division into sections, the number ofdelegates for each section, and the procedures to befollowed.

than 500 members , the statutes may provide for theoption of replacing the general meeting with a generalmeeting of delegates. Delegates shall be elected in ageneral, direct, equal, and secret ballot. Plural votingmay also be used to elect delegates. The statutes shall laydown the arrangements for the election of delegates andtheir term of office,which may not exceed five years.Voting procedures shall be adopted by the generalmeeting.

(Amendment No 68)

Articlé 33(2)

2 . The members of the supervisory board shall beappointed and removed by the general meeting . How­ever, the members of the first supervisory board may beappointed in the statutes . This provision shall applywithout prejudice to national law permitting a minority ofshareholders to appoint some of the members of a board .

2 . With the exception of the election of the employeesrepresentatives pursuant to Article 3(1) of Directive .../.../EEC, the members of the supervisory board shall beappointed and removed by the general meeting . How­ever, the members of the first supervisory board may beappointed in the statutes . This provision shall applywithout prejudice to national law permitting a minority ofshareholders to appoint some of the members of a board .

(Amendment No 69)

Article 33(2a) (new)

2a. Non-user members may be appointed to serve onthe supervisory board, taking up to a third of the postsavailable.

(Amendment No 70)

Article 36(4)

4. The member or members of the administrativeboard shall be appointed and removed by the generalmeeting .

4. With the exception of the election of the employeesrepresentatives pursuant to Article 3(1) of Directive ..J.../EEC, the member or members of the administrativeboard shall be appointed and removed by the generalmeeting .

(Amendment No 7 1 )

Article 51

An SCE may make use of all forms of financing in theState in which it has its registered office under the sameconditions as those applying to the legal entities whichfounded it.

An SCE may make use of all forms of financing in theState in which it has its registered office under the sameconditions as those applying to cooperatives and tosubsidiaries and establishments of those entities situatedin a Member State other than that in which the entitieshave their central administration .

No C 42/102 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

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(Amendment No 72)

Article 51a (new)

Article 51a

(Action programme and fund for the social economy)

As part of a general action programme to develop andstrengthen the social economy throughout the Commun­ity, to be adopted within six months of the entry into forceof this Regulation, the Commission shall establish aEuropean Fund to support and encourage new enter­prises and new projects in the sphere of the socialeconomy.

This Fund shall be governed by a separate Regulation; itsfeatures shall include the following:

(a) it shall have the objective of encouraging the estab­lishment of new cooperatives and particularly of newSCEs;

(b) its own funds shall be coordinated with the otherexisting Community instruments which can be usedin the social economy;

(c) it shall comprise financial contributions from enter­prises forming part of the social economy as well asfrom the Community budget.

The Fund referred to in the preceding paragraphs shallalso assist the associations and mutual societies referredto in Regulations Nos .... and —

(Amendment No 73)

Article 54(2 ), third indent

provide a return on paid-up capital and own fundsand quasi-equity , payment being made in cash orshares .

— provide a return on paid-up capital and own fundsand quasi-equity , payment being made in cash orshares . The statutes must limit the interest paid oncapital in such a way that, in any one year, the sum ofthat interest does not exceed the amounts allocated tothe legal and optional reserve funds .

(Amendment No 74)

Article 64

After the creditors have been paid in full , and anythingdue to designated beneficiaries has been distributed, theassets of the SCE shall , except where otherwise stated inthe statutes, be distributed by decision of the generalmeeting either to other SCEs or cooperative societiesgoverned by the law of a Member State or to one or morebodies having as their object the support and promotionof cooperative societies .

After the creditors have been paid in full , and anythingdue to designated beneficiaries has been distributed, netassets shall be distributed in accordance with the princi­ple of disinterested distribution, i.e. distribution to otherSCEs or cooperative societies governed by the law of aMember State or to one or more bodies having as theirobject the support and promotion of cooperative socie­ties .

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However, two exceptions to the above principle shall beadmissible :

— any other type of distribution may be provided for inthe instrument of incorporation;on a proposal from the management board or admin­istrative board, the general meeting, acting by atwo-thirds majority, may adopt a different form ofdistribution.

(Amendment No 75)

Annex

(The annex is deleted)

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Regulation (EEC) on the statute for a European cooperative society

The European Parliament,

— having regard to the Commission proposal to the Council (COM(9 1)0273 — SYN 388) ('),

— having been consulted by the Council pursuant to Article 100a of the EEC Treaty(C3-0 122/92),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs , Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vote thereon;

2 . Calls on the Commission to amend its proposal accordingly, pursuant to Article 149(3 ) ofthe EEC Treaty ;3 . Calls for the conciliation procedure to be opened if the Council should intend to depart fromthe text approved by Parliament ;

4. Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;6 . Instructs its President to forward this opinion to the Council and Commission .

(') OJ No C 99, 21.4.1992, p. 17 .

No C 42/104 Official Journal of the European Communities 15.2 . 93

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IV. PROPOSAL FOR A DIRECTIVE COM(91)0273 — C3-0123/92 — SYN 389

Proposal for a Council Directive supplementing the statute for a European cooperative societywith regard to the involvement of employees

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES (*) BY THE EUROPEAN PARLIAMENT

(Amendment No 76)

Recital 3

Whereas it is desirable to coordinate information andconsultation arrangements at Community level in orderto develop dialogue between the management boards andadministrative boards of SCEs and employees ;

Whereas it is desirable to coordinate information, consul­tation and participation arrangements at Communitylevel in order to develop dialogue between the manage­ment boards and administrative boards of SCEs andemployees ;

(Amendment No 77)

Recital 4

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofcooperatives ; whereas in order to ensure a harmoniousdevelopment of economic activities , SCEs carrying oncross-border activities must adopt, if appropriate, aparticipation model, or, failing this, inform and consultemployees on decisions which concern them;

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofcooperatives ; whereas it is essential for the properfunctioning of the internal market to ensure a harmon­ious development of economic activities ; whereas for theavoidance of unequal conditions of competition, SCEscarrying on cross-border activities must adopt models ofparticipation which provide equivalent levels of partici­pation, the existence of several different models beingdesigned to enable the form ofparticipation to be adaptedto national practices; whereas SCEs must inform andconsult employees on decisions which concern them aswell ; whereas the model of participation selected may notprejudice the established rights of workers or the mostfavourable practices in the Member States ;

(Amendment No 78)

Recital 5, introductory clause

Whereas this Directive determines the minimum areaswhere there must be information and consultation, with­out prejudice to the application of the following Direc­tives :

Whereas this Directive determines the minimum areaswhere there must be information, consultation and parti­cipation of employees in the decisions taken by thecooperative society , without prejudice to the applicationof the following Directives :

(*) OJ No C 99, 21.4.1992, p . 37 .

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(Amendment No 79)

Recital 6

Whereas appropriate provisions must be adopted toensure that the employees of SCEs are properly informedand consulted where decisions likely to affect theirinterests are taken in a Member State other than that inwhich they are employed;

Whereas appropnate provisions must be adopted toensure that the employees of SCEs are properly informedand consulted without undue delay where decisionslikely to affect their interests or which have a potentialimpact on the prospects of the SCE and the conditions ofemployment are taken in a Member State other than thatin which they are employed ;

(Amendment No 80)

Recital 7

Whereas the laws, Regulations and administrative provi­sions of the Member States governing the participation ofemployees in national cooperatives may be made applic­able to SCEs ;

Whereas the laws, Regulations and administrative provi­sions of the Member States governing a specific form ofparticipation of employees in certain national cooper­atives may be made applicable to SCEs ;

(Amendment No 8 1 )

Recital 8

Whereas an SCE may not be registered until a participa­tion model or, in the absence thereof, an employeeinformation and consultation system and in particular aseparate committee has been chosen ;

Whereas an SCE may not be registered until a participa­tion model has been chosen ; whereas the various partici­pation models must guarantee employees equivalentrights in respect of information, consultation and partici­pation in the administration and supervision of thecooperative; and whereas the chosen participation modelmust not prejudice employees' legal rights or be lessfavourable than the corresponding national practices inthe Member States ;

(Amendment No 82)

Recital 9

Whereas, however, where no agreement is reached priorto registration of the SCE, the founder entities shouldpropose to the general meeting called to approve theformation of the SCE certain requirements with respect toinforming and consulting employees ;

Whereas , however, where no agreement is reached priorto registration of the SCE, the founders or founderentities should propose to the general meeting called toapprove the formation of the SCE certain requirementswith respect to informing, consulting and involvingemployees pursuant to this Directive ;

(Amendment No 83)

Recital 10

Whereas the information and consultation committee or Deletedany other alternative body must be informed and con­sulted about activities and strategies of the SCE capableof affecting the' employees ' interests;

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TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 84)

Recital 11

Whereas in order to ensure the proper functioning of theinternal market and avoid any inequality in the terms ofcompetition, the employees of the SCE should be guaran­teed equivalent levels of information and consultation ;

Whereas in order to ensure the proper functioning of theinternal market and avoid any inequality in the terms ofcompetition, the employees of the SCE should be guaran­teed equivalent levels of information, consultation andparticipation;

(Amendment No 85 )

Title I, heading

Participation Information, consultation and participation arrange­ments

(Amendment No 1 52)

Article 2, second subparagraph

Where such provisions are not applied the Member Statesshall take the necessary measures to ensure at least thatthe employees of the SCE are informed and consulted inaccordance with Articles 3 , 4 and 5 .

Where such provisions governing participation are lack­ing the Member States shall take the necessary measuresto ensure that the employees of the SCE are informed,consulted and participate in accordance with Articles 3 , 4and 5 .

(Amendment No 86)

Title II, heading

TITLE II: Deleted

Information and consultation arrangements

(Amendment No 153)

Article 3(1 )

1 . The management boards or administrative boards ofthe founder entities and the representatives of theemployees of those entities provided for by the laws andpractices of the Member States shall agree arrangementsfor informing and consulting the employees of the SCE.The agreement must be concluded in writing before theSCE is registered .

1 . The management boards or administrative boards ofthe founder entities and the representatives of theemployees of those entities provided for by the laws andpractices of the Member States shall agree information,consultation and participation arrangements for theemployees of the SCE which correspond to the modelslaid down in the Directive supplementing the statute for aEuropean company with regard to the position ofemployees (.../.../EEC). The agreement must be con­cluded in writing before the SCE is registered .

(Amendment No 87)

Article 3(2)

2 . Where no such agreement can be reached therepresentatives of the employees of the founder entitiesmay make a written statement setting out the reasons forthe failure to reach agreement.

2 . Where no such agreement can be reached therepresentatives of the employees of the founder entitiesmay make a written statement setting out why in theiropinion the formation of the SCE is contrary to theemployees ' interests and what measures should be takenwith respect to the employees .

15.2.93 Official Journal of the European Communities No C 42/ 107

Wednesday, 20 January 1993

TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 88)

Article 3(7)

7 . In the event of the registered office of a SCE beingtransferred to another Member State , the information andconsultation arrangements in existence before the trans­fer may be altered only by agreement between themanagement board or the administrative board of theSCE and the representatives of the employees of the SCE.

7 . In the event of the registered office of a SCE beingtransferred to another Member State , the information andconsultation arrangements in existence before the trans­fer may be altered only in accordance with the procedurelaid down in this Article. The parties to the negotiationsshall be the management board or the administrativeboard of the SCE and the representatives of theemployees of the SCE.

(Amendment No 154)

Article 4(1 ), introductory clause

1 . The management board or the administrative boardof the SCE shall inform and consult in good time theemployees of that entity at least in the following areas :

1 . The management board or the administrative boardof the SCE shall inform, consult and involve in good timethe employees of the SCE at least in the following areas :

(Amendment No 89)

Article 4(l)(a)

(a) any proposals which might significantly affect theinterests of the employees of the SCE, withoutprejudice to the Community provisions concerninginformation and consultation, and in particularDirectives 75/ 129/EEC, 77/ 187/EEC and .../EEC [onthe establishment of a European works council];

(a) any proposals which might significantly affect theinterests of the employees of the SCE or which havea potential impact on the prospects of the SCE andthe conditions of employment and especially allmatters concerning working conditions and all deci­sions requiring the approval of the managementboard or the administrative board, without prejudiceto the Community provisions concerning informa­tion and consultation, and in particular Directives75/ 129/EEC, 77/ 187/EEC and .../EEC [on the estab­lishment of a European works council ];

(Amendment No 90)

Article 4(l)(da) (new)

(da) the development and organization of vocationaltraining undertaken in the SCE and any matteraffecting the health and safety of employees, withequal and joint participation in the development ofhealth and safety programmes and policies in theSCE.

(Amendments Nos 1 55 and 9 1 )

Article 4(2)

2 . The employees of the SCE shall be informed andconsulted:

2 . The employees of the SCE shall be informed andconsulted and shall participate :— via special representatives of the employees of the

SCE on its supervisory or administrative board ; or

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withm a separate committee representing theemployees of the SCE; orwithin any other structure agreed between the man­agement boards or administrative boards of thefounder entities and the representatives of theemployees of those entities .

— within a separate committee representing theemployees of the SCE; or

— within any other structure agreed between the man­agement boards or administrative boards of thefounder entities and the representatives of theemployees of those entities .

The information, consultation and participation pro­cedure must be completed in good time before the finaldecision is reached, so that any objections raised by theemployees ' representatives may be taken into account.

In addition, by way of preparation for the consultationprocedure, experts may be called in as advisers and themanagement board or administrative board shall makeavailable all appropriate facilities thereto.

A Member State may restrict this choice in the case ofSCEs having their registered head office in its territory .

A Member State may restrict this choice in the case ofSCEs having their registered office in its territory .

(Amendment No 92)

Article 4(3)

3 . In an SCE with fewer than 50 employees the two 3 . This Directive shall not apply to any SCE with fewerparties to the negotiations may decide that simplified than 50 employees .information and consultation arrangements should belaid down, subject to compliance with paragraph I.

(Amendment No 93)

Article 5(2) sole subparagraph a (new)

The employees' representatives shall not be discrimi­nated against in any way on grounds of their activities.They shall enjoy protection against dismissal, unlessthere are exceptional grounds for their dismissal. Theyshall also enjoy protection against other penaltiesimposed on account of anything they do, say or write inconnection with the performance of their duties.

(Amendment No 94)

Article 5(2), sole subparagraph b (new)

The elected employees' representatives may carry outtheir duties during working hours.

(Amendment No 95 )

Title 111, heading

TITLE II

Final provisions

TITLE III

Final provisions

15 . 2 . 93 Official Journal of the European Communities No C 42/109

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TEXT PROPOSED BY THE COMMISSION TEXT AMENDEDOF THE EUROPEAN COMMUNITIES BY THE EUROPEAN PARLIAMENT

(Amendment No 96)

Article 6

The provisions of Titles I and II shall not be applicablewhere the majority of the employees of the SCE are alsomembers thereof.

The provisions of Title I shall not be applicable where theemployees of the SCE control the majority of votes intheir capacity as members of the SCE.

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Directive supplementing the statute for a European cooperative society

with regard to the involvement of employees

The European Parliament,

— having regard to the Commission proposal to the Council (COM(9 1)0273 — SYN 389) ('),

— having been consulted by the Council pursuant to Article 54 of the EEC Treaty (C3­0123/92),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs, Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vote thereon;

2 . Calls on the Commission to amend its proposal accordingly, pursuant to Article 149(3 ) ofthe EEC Treaty ;

3 . Calls for the conciliation procedure to be opened if the Council should intend to depart fromthe text approved by Parliament ;

4 . Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament' s amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6. Instructs its President to forward this opinion to the Council and Commission .

(') OJ No C 99, 21.4.1992, p. 37 .

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V. PROPOSAL FOR A REGULATION COM(91)<)273 — C3-0124/92 — SYN 390

Proposal for a Council Regulation on the statute for a European mutual society

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSIONOF THE EUROPEAN COMMUNITIES (*)

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 163/corr.)

Recital 10

Whereas the introduction of a European form of organi­zation which would be available to mutual societies ,based on common principles but taking account of theirspecific features , and in particular of the fact that theymay operate in the general interest, should enable themto operate outside their own national borders in all or partof the territory of the Community ;

Whereas the introduction of a European form of organi­zation which would be available to mutual societies ,based on common principles but taking account of thespecific features of, on the one hand, mutual societiescarrying on providence activities and, on the other,mutual societies engaged in other activities, in particularinsurance, should enable them to operate outside theirown national borders in all or part of the territory of theCommunity ;

(Amendment No 98)

Recital 14

Whereas this Regulation does not affect basic obligatorysocial security schemes managed in certain MemberStates by mutual provident societies and the liberty ofMember States to decide whether or not and under whatconditions to entrust the management of these schemes tomutual societies ;

Whereas this Regulation does not affect basic obligatorysocial security schemes managed in certain MemberStates by mutual societies and the liberty of MemberStates to decide whether or not and under what conditionsto entrust the management of these schemes to mutualsocieties ;

(Amendment No 164/corr.)

Article 1(1 )

1 . Mutual societies may be formed throughout theCommunity in the form of a European mutual society(ME) on the conditions and in the manner set out in thisRegulation . The name of an ME shall specify the natureof the activity engaged in , whether concerned withprovidence, insurance, health assistance, credit, orotherwise.

1 . Mutual societies may be formed throughout theCommunity in the form of a European provident mutualsociety or a European mutual society carrying out otheractivities on the conditions and in the manner set out inthis Regulation . The name of an ME shall specify thenature of the activity engaged in, indicating in particularwhether, for example, it is an insurance activity or purelya providence activity.

(Amendment No 100)

Article 1(2), second indent

— shall not remunerate its managers or administrators, — shall not remunerate its managers or administrators,unless otherwise provided in its statutes. or assign them a share of the profits. However,

managers and administrators may be reimbursed forexpenses incurred in performing their duties.

(*) OJ No C 99, 21.4.1992, p. 40.

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(Amendent No 101 )

Article 1(5)

5 . This Regulation does not prejudice the competenceof each Member State to regulate access on its territoryto the management of basic obligatory social securityschemes as well as the operations of provident or assist­ance organizations the services of which will varyaccording to available resources and in which the contri­bution of members is determined by contract, as well asthe carrying out of the activities and operations .

5 . This Regulation does not apply to the managementof basic obligatory social security schemes as well as theoperations of provident or assistance organizations theservices of which will vary according to availableresources and in which the contribution of members isdetermined by contract, as well as the carrying out of theactivities and operations, for which the Member Statesretain sole Competence.

(Améndment No 102)

Article 2(1 )

1 . An ME may be formed by : An ME may be formed by :1 .

(a) either any two or more of the legal entities essentiallypursuing activities other than providence which arelisted in Annex I which are formed under the law of aMember State provided that at least two of them havetheir registered office and central administration indifferent Member States ;

or any two or more of the legal entities which arelisted in Annex II and which are formed under thelaw of a Member State provided that at least two ofthem have their registered office and central admin­istration in different Member States and that theysolely pursue providence activities as defined in theMember States of origin of the founder entities ;

(a) either any two or more of the legal entities which arelisted in Annex I which are formed under the law of aMember State provided that at least two of them havetheir registered office and central administration indifferent Member States ; in this case, the ME will beable to exercise all activities appropriate to a mutualsociety of the type of those mentioned in Article 1(1 ),

(b) or any two or more of the legal entities which arelisted in Annex II and which are formed under thelaw of a Member State provided that at least two ofthem have their registered office and central admin­istration in different Member States; in this case, inconformity with Article 1(5), the ME will not be ableto beformed and carry out its activities except to theextent allowed by Member States to the foundingentities.

(b)

(ba) or at least 500 natural persons resident in at leasttwo Member States where the ME is essentiallycarrying on activities other than providence.

(Amendment No 103)

Article 2(2), first subparagraph

2 . A mutual society which has been formed in accord­ance with the law of a Member State and has its registeredoffice and central administration in the Community mayform an ME by converting into ME form if it has anestablishment or subsidiary in a Member State other thanthat of its central administration, and can demonstratethat it is carrying on genuine and effective cross-borderactivities .

2 . A mutual society which has been formed in accord­ance with the law of a Member State and has its registeredoffice and central administration in the Community mayform an ME by converting into ME form if it has a largenumber of members in another Member State and iscarrying on substantial activities there or can demon­strate that it will meet the above twofold condition if itchanges form.

(Amendment No 104)

Article 7(4)

4. The following shall apply to an ME: 4 . The following shall apply to an ME as regardsaccess to or the exercise of certain activities such asinsurance or reinsurance, savings, or credit :

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— the provisions of Community law and national law — the provisions of Community law and national lawadopted in conformity with them, and adopted in conformity with them, and

— in the absence of Community legislation , national — in the absence of Community legislation , nationalprovisions regulating access or the exercise of cer- provisions relating to those activities.tain activities such as credit or insurance .

(Amendment No 105 )

Article 18

1 . The general meeting shall consist either of all themembers or of delegates appointed under the conditionslaid down in the statutes .

Where the ME has several establishments , or where its 2. Where the ME has several establishments, or whereactivities span more than one territorial unit, the Statutes its activities span more than one region, or where it hasmay provide for the holding of sectional meetings to more than 500 members, the Statutes may provide for theconsider the same agenda separately before the general holding of sectional meetings to consider the samemeeting is held . These meetings shall elect delegates , agenda separately before the general meeting is held ,who shall in their turn be convened as the general These meetings shall elect delegates, who shall in theirmeeting . The Statutes shall lay down the division into turn be convened as the general meeting. The Statutessections, the number of delegates for each section, and shall lay down the division into sections , the number ofthe procedures to be followed. delegates for each section , and the procedures to be

followed .

3. Persons entitled to attend the general meeting mayappoint a proxy to deputize for them under the conditionslaid down in the statutes.

4. The statutes may permit postal voting, in which casethey shall lay down the necessary procedures.

(Amendment No 106)

Article 20

Each member of the ME shall have one vote . Each member of the ME shall have one vote . If an MEhas been formed by legal persons, its statutes mayregulate representation according to the total member­ship and the activities of each legal person who is amember. The statutes must restrict the representationrights of legal persons in order to prevent any one legalperson from enjoying an absolute majority of votes .

(Amendment No 107)

Article 20a (new)

Article 20a

The statutes may allow members to have more than onevote. The statutes shall, in that event, lay down thecircumstances in which a member may have more thanone vote; this must depend on the extent to which themember takes part in the ME's activities. The statutesmust lay down limits on the number of votes which maybe cast by a single member and the number of othermembers for whom a member may act as proxy.

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(Amendment No 108 )

Article 28(2)

2 . The members of the supervisory board shall beappointed and removed by the general meeting . How­ever, the members of the first supervisory board may beappointed in the statutes . This provision shall applywithout prejudice to national law permitting a minority ofshareholders to appoint some of the members of a board .

2 . With the exception of the election of the employees'representatives pursuant to Article 3(1) of Directive .J.../EEC, the members of the supervisory board shall beappointed and removed by the general meeting . How­ever, the members of the first supervisory board may beappointed in the statutes . This provision shall applywithout prejudice to national law permitting a minority ofshareholders to appoint some of the members of a board .

(Amendment No 109)

Article 31(4)

4. The member or members of the administrativeboard shall be appointed and removed by the generalmeeting .

4. With the exception of the election of the employees 'representatives pursuant to Article 3(1) of Directive ..J.../EEC, the member or members of the administrativeboard shall be appointed or removed by the generalmeeting .

(Amendment No 110)

Article 44

An ME may make use :An ME may make use of all forms of financing in theState in which it has its registered office number the sameconditions as those applying to the legal entities whichfounded it.

— of all forms of financing under the same conditions asthose applying to mutual societies in the State inwhich it has its registered office,

— as regards each of its activities carried on in anotherMember State, of all forms of financing under thesame conditions as those applying to mutual societiesin that Member State .

(Amendment No 111 )

Article 49(2) second subparagraph

The general meeting shall decide : The general meeting shall decide either to wind up theME or that the ME shall continue its activities inaccordance with the first paragraph of Article 22 .

— either to wind up the ME in accordance withArticle 21 ;

— or, in accordance with the first paragraph ofArticle 22 , that the ME shall continue its activities .

(Amendment No 113 )

Annex II, Spain

Entidades de Prevision Social , coming under the Law of (Does not concern the English version)2 August 1984 establishing the Regulation of privateinsurance ; Mutuas de Acc. de Trabajo, coming under thelaw of 2 August 1984 establishing the Regulation ofprivate insurance ; Sociedad mutua, coming under theLaw of 2 August 1984 establishing the Regulation ofprivate insurance; Sociedad cooperativa, coming underthe Law of 2 April 1987 and regional laws .

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(Amendment No 1 14)

Annex II, France

Mutuals coming under the Code de la Mutualite (law of Mutuals coming under the Code de la Mutualite (law of25 July 1985 ) 25 July 1985 ) Mutual insurance societies coming under

the Code des assurances; Agricultural mutual insurancefunds coming under the Code rural

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Regulation (EEC) on the Statute for a European mutual society

The European Parliament,

— having regard to the Commission proposals to the Council (COM(9 1 )0273 — SYN 390) ( 1 ),

— having been consulted by the Council pursuant to Article 100a of the EEC Treaty(C3-0 124/92),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs , Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vote thereon ;

2 . Calls on the Commission to amend its proposal accordingly , pursuant to Article 149(3 ) ofthe EEC Treaty ;

3 . Calls for the conciliation procedure to be opened if the Council should intend to depart fromthe text approved by Parliament ;

4 . Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6 . Instructs its President to forward this opinion to the Council and Commission .

(') OJ No C 99, 21.4.1992, p . 40

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Wednesday, 20 January 1993

VI. PROPOSAL FOR A DIRECTIVE COM(91)0273 — C3-0125/92 — SYN 391

Proposal for a Council Directive supplementing the statute for a European mutual society withregard to the involvement of employees

The proposal was approved with the following amendments :

TEXT PROPOSED BY THE COMMISSIONOF THE EUROPEAN COMMUNITIES (*)

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 116)

Recital 2

Whereas there are in the Member States laws, Regula­tions and administrative provisions concerning the provi­sion of information to and the consultation of theemployees of undertakings , whatever their legal form;whereas in some Member States , there are provisionsconcerning the participation of employees in mutuals ;

Whereas there are in the Member States laws, Regula­tions and administrative provisions concerning the provi­sion of information to and the consultation of theemployees of undertakings , whatever their legal form;whereas in some Member States , there are provisionsconcerning the participation of employees in mutuals ,whatever their type of activity ;

(Amendment No 117 )

Recital 3

Whereas it is desirable to coordinate information aridconsultation arrangements at Community level in orderto develop dialogue between the management boards andadministrative boards of MEs and employees ;

Whereas it is desirable to coordinate information, consul­tation and participation arrangements at Communitylevel in order to develop dialogue between the manage­ment boards and administrative boards of MEs andemployees ;

(Amendment No 118)

Recital 4

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofmutuals ; whereas in order to ensure a harmonious devel­opment of economic activities, MEs carrying on cross­border activities must adopt, if appropriate, a participa­tion model, or, failing this, inform and consult employeeson decisions which concern them;

Whereas the realization of the internal market is givingrise to a process of concentration and conversion ofmutuals ; whereas it is essential for the proper functioningof the internal market to ensure a harmonious develop­ment of economic activities ; whereas for the avoidance ofunequal conditions of competition, MEs carrying oncross-border activities must adopt models of participa­tion which provide equivalent levels of participation, theexistence of several different models being designed toenable the form of participation to be adapted to nationalpractice; whereas MEs must inform and consultemployees on decisions which concern them as well ;whereas the model of participation selected may notprejudice the established rights of workers or the mostfavourable practices in the Member States ;

(*) OJNoC99, 21.4.1992, p . 57 .

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TEXT PROPOSED BY THE COMMISSIONOF THE EUROPEAN COMMUNITIES

TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 119)

Recital 5, introductory clause

Whereas this Directive determines the minimum areaswhere there must be information and consultation, with­out prejudice to the application of the following Direc­tives :

Whereas this Directive determines the minimum areaswhere there must be participation, consultation andparticipation of employees in the decisions taken by theEuropean mutual society , without prejudice to the appli­cation of the following Directives :

(Amendment No 120)

Recital 6

Whereas appropriate provisions must be adopted toensure that the employees of MEs are properly informedand consulted where decisions likely to affect theirinterests are taken in a Member State other than that inwhich they are employed;

Whereas appropriate provisions must be adopted toensure that the employees of MEs are properly informed,consulted and involved where decisions likely to affecttheir interests are taken in a Member State other than thatin which they are employed;

(Amendment No 121 )

Recital 7

Whereas the laws, Regulations and administrative provi­sions of the Member States governing the participation ofemployees in national mutUals may be made applicable toMEs ;

Whereas the laws, Regulations and administrative provi­sions of the Member States governing a particular formof participation of employees in national mutuals may bemade applicable to MEs ;

(Amendment No 122)

Recital 8

Whereas an ME may not be registered until a participa­tion model or, in the absence thereof, an employeeinformation and consultation system and in particular cseparate committee has been chosen ;

Whereas an ME may not be registered until a participa­tion model has been chosen ; whereas the various partici­pation models must guarantee employees equivalentrights in respect of information, consultation and partici­pation in the administration and supervision of themutual society ; and whereas the participation modelchosen must not prejudice employees ' legal rights or beless favourable than the corresponding national practicesin the Member States ;

(Amendment No 123 )

Recital 9

Whereas , however, where no agreement is reached pnoito registration of the ME, the founder entities shouldpropose to the general meeting called to approve theformation of the ME certain requirements with respect tcinforming and consulting employees ;

Whereas , however, where no agreement is reached prioito registration of the ME, the founders or founder entitiesshould propose to the general meeting called to approvethe formation of the ME certain requirements withrespect to informing, consulting and involving employeespursuant to this Directive ;

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(Amendment No 124)

Recital 10

Whereas the information and consultation committee or Deletedany other alternative body must be informed and con­sulted about activities and strategies of the ME capableof affecting the employees ' interests;

(Amendment No 125 )

Recital 1 1

Whereas in order to ensure the proper functioning of the Whereas in order to ensure the proper functioning of theinternal market and avoid any inequality in the terms of internal market and avoid any inequality in the terms ofcompetition, the employees ofMEs should be guaranteed competition, the employees ofMEs should be guaranteedequivalent levels of information and consultation ; equivalent levels of information, consultation and parti­

cipation;

(Amendment No 1 26)

Title I, heading

TITLE I TITLE I

Participation Information, consultation and participation arrange­ments

(Amendment No 157)

Article 2, second subparagraph

Where such provisions are not applied the Member State Where such provisions governing participation are lack­shall take the necessary measures to ensure at least that ing the Member State shall take the necessary measuresthe employees of the ME are informed and consulted in to ensure that the employees of the ME are informed,accordance with Articles 3 , 4 and 5 . consulted and participate in accordance with Articles 3 , 4

and 5 .

(Amendment No 1 27)

Title II, heading

TITLE II Deleted

Information and consultation arrangements

(Amendment No 158)

Article 3(1 )

1 . The management or administrative boards of the 1 . The management or administrative boards of thefounder entities and the representatives of the employees founder entities and the representatives of the employeesof those entities provided for by the laws and practices of of those entities provided for by the laws and practices ofthe Member States shall agree arrangements for inform- the Member States shall agree arrangements for inform­ing and consulting the employees of the ME. The ing, consulting and involving employees of the ME whichagreement must be concluded in writing before the ME is correspond to the models laid down in the Directiveregistered. supplementing the Statute for a European company with

regard to the position of employees (..7.../EEC). Theagreement must be concluded in writing before the ME isregistered .

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TEXT AMENDEDBY THE EUROPEAN PARLIAMENT

(Amendment No 128 )

Article 3(2)

2 . Where no such agreement can be reached therepresentatives of the employees of the founder entitiesmay make a written statement setting out the reasons forthe failure to reach agreement.

2. Where no such agreement can be reached therepresentatives of the employees of the founder entitiesmay make a written statement setting out why in theiropinion the formation of the ME is contrary to theemployees ' interests and what measures should be takenwith respect to the employees .

(Amendment No 159)

Article 3(4)

5 . The general meeting called to approve the formationof the ME shall ratify the information and consultationarrangements embodied in the agreement referred to inparagraph 1 , or where no agreement has been reached,shall decide on the arrangements which are to apply tothe ME in the light of the report and of the statementreferred to in paragraphs 2 and 3 .

5 . The general meeting called to approve the formationof the ME shall ratify the participation model embodiedin the agreement referred to in paragraph 1 , or where noagreement has been reached, shall decide on the modelwhich is to apply to the ME in the light of the outcome ofthe procedure in the conciliation committee and of thestatement referred to in paragraphs 3 and 4 .

(Amendments Nos 129 and 156)

Article 3(7)

7 . In the event of the registered office of an ME beingtransferred to another Member State , the information andconsultation arrangements in existence before the trans­fer may be altered only in accordance with the procedurelaid down in this Article. The parties to the negotiationsshall be the management board or the administrativeboard of the ME and the representatives of the employeesof the ME.

7 . In the event of the registered office of an ME beingtransferred to another Member State , the information,consultation and participation arrangements in existencebefore the transfer may be altered only by agreementbetween the management board or the administrativeboard of the ME and the representatives of the employeesof the ME.

(Amendment No 160)

Article 4(1 ), introductory clause

1 . The management board or the administrative boardof the ME shall inform and consult in good time theemployees of that entity at least in the following areas :

1 . The management board or the administrative boardof the ME shall inform, consult and involve in good timethe employees of the ME at least in the following areas :

(Amendment No 1 30)

Article 4(1 )(a)

(a) any proposals which might significantly affect theinterests of the employees of the ME, without preju­dice to the Community provisions concerning infor­mation and consultation , and in particular Directives75/ 1 29/ EEC, 77/ 187/EEC and .../EEC [on the estab­lishment of a European Works Council];

(a) any proposals which might significantly affect theinterests of the employees of the ME or which have apotential impact on the prospects of the ME and theconditions of employment and especially all mattersconcerning working conditions and all decisionsrequiring the approval of the management board

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or the administrative board, without prejudice to theCommunity provisions concerning information andconsultation, and in particular Directives 75/ 129/EEC, 77/ 187/EEC and .../EEC [on the establishmentof a European Works Council ];

(Amendment No 131 )

Article 4(l)(da) (new)

(da) the development and organization of vocationaltraining undertaken in the ME and any matteraffecting the health and safety of employees, withequal and joint participation in the development ofhealth and safety programmes and policies in theME.

(Amendments Nos 161 and 132)

Article 4(2)

2 . The employees of the ME shall be informed andconsulted :

2 . The employees of the ME shall be informed andconsulted and shall participate :— via special representatives of the employees of the

ME on its supervisory, administrative or manage­ment boards; or

— within a separate committee representing theemployees of the ME; or

— within any other structure agreed between the man­agement board or administrative board of the founderentities and the representatives of the employees ofthose entities .

within a separate committee representing theemployees of the ME, orwithin any other structure agreed between the man­agement board or administrative board of the founderentities and the representatives of the employees ofthose entities .

The information, consultation and participation pro­cedure must be completed in good time before the finaldecision is reached, so that any objections raised by theemployees' representatives may be taken into account.

In addition, by way of preparation for the consultationprocedure, experts may be called in as advisers and themanagement board or administrative board shall makeavailable all appropriate facilities thereto.

A Member State may restrict this choice in the case ofMEs having their registered head office in its territory .

A Member State may restrict this choice in the case ofMEs having their registered office in its territory .

(Amendment No 133 )

Article 4(3)

3 . In a ME with fewer than 50 employees the two 3 . This Directive shall not apply to any ME with fewerparties to the negotiations may decide that simplified than 50 employees .information and consultation arrangements should belaid down, subject to compliance with paragraph 1 .

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(Amendment No 1 34)

Article 5(2), sole subparagraph a (new)

The elected employees ' representatives may carry outtheir duties during working hours. No disciplinary meas­ures may be taken against them in relation to actionsconnected with performance of their duties. They maynot be routinely dismissed during their period of office.

(Amendment No 135 )

Article 5a (new)

Article 5a

Member States shall impose appropriate sanctionsshould an ME fail to comply with the provisions of thisDirective. In particular Member States shall give theemployees ' representatives the right to request the courtsor other competent national authorities to take interimprotective measures to safeguard their interests.

(Amendment No 136)

Title III, heading

TITLE III TITLE II

Final Provisions Final Provisions .

LEGISLATIVE RESOLUTION A3-0001/93(Cooperation procedure : first reading)

Legislative resolution embodying the opinion of the European Parliament on the Commissionproposal for a Council Directive supplementing the statute for a European mutual society with

regard to the involvement of employees

The European Parliament,

— having regard to the Commission proposals to the Council (COM(9 1 )0273 — SYN 39 1 ) ('),

— having been consulted by the Council pursuant to Article 54 of the EEC Treaty (C3­0125/92),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and theopinions of the Committee on Economic and Monetary Affairs and Industrial Policy and theCommittee on Social Affairs , Employment and the Working Environment (A3-0001 /93),

1 . Approves the Commission proposal subject to Parliament 's amendments and in accordancewith the vbte thereon ;

2 . Calls on the Commission to amend its proposal accordingly , pursuant to Article 149(3 ) ofthe EEC Treaty ;

(■) OJNoC99, 21.4.1992, p . 57 .

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3 . Calls for the conciliation procedure to be opened if the Council should intend to depart fromthe text approved by Parliament ;

4 . Asks to be consulted again should the Council intend to make substantial modifications tothe Commission proposal ;

5 . Calls on the Council to incorporate Parliament 's amendments in the common position that itadopts in accordance with Article 149(2)(a) of the EEC Treaty ;

6 . Instructs its President to forward this opinion to the Council and Commission .

3. Amendment to Rule 128 of Rules of Procedure

RULES OF PROCEDURE OF THE EUROPEAN PARLIAMENT

EXISTING TEXT NEW TEXT

(Amendment No 3)

Rule 128(1 )

1 . Every citizen of the European Community shallhave the right, individually or jointly with others, toaddress written requests or complaints (petitions) to theEuropean' Parliament .

1 . Any citizen of the Union, and any natural or legalperson residing or having his registered office in aMember State , shall have the right to address , individ­ually or in association with other citizens or persons, apetition to the European Parliament on a matter whichcomes within the Union 's fields of activity and whichaffects him directly .

(Amendment No 4)

Rule 128(4)

4 . Petitions entered in the register shall be forwarded 4. Petitions entered in the register shall be forwardedby the President to the committee responsible , which by the President to the committee responsible , whichshall first ascertain whether the petitions registered fall shall first ascertain whether the petitions registered fallwithin the sphere of activities of the Communities. within the sphere of activities of the Union .

(Amendment No 2)

Rule 128(6) (new)

6. Petitions addressed to the European Parliament bynatural or legal persons who are neither citizens of theUnion nor reside in a Member State nor have theirregistered office in a Member State shall be registeredand filed separately. The President shall send a monthlyrecord of such petitions received during the previousmonth, indicating their subject matter, to the committeeresponsible for considering petitions, which may requestthose which it wishes to consider.

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DECISION A3-0411/92

Decision amending Rule 128 of the Rules of Procedure of the European Parliament on thesubmission and referral of petitions

The European Parliament,

— having regard to the letters from its President of 21 January and 1 1 July 1991 ,

— having regard to Rules 131 and 132 of its Rules of Procedure ,

— having regard to the report of the Committee on the Rules of Procedure, the Verification ofCredentials and Immunities and the opinion of the Committee on Petitions (A3-041 1 /92),

1 . Decides to amend its Rules of Procedure as indicated above ;

2 . Instructs its President to forward this decision to the Council and the Commission forinformation .

4. Contaminants in food **II

DECISION A3-0003/93(Cooperation procedure : second reading)

Decision on the common position adopted by the Council with a view to adopting a Regulationlaying down Community procedures for contaminants in food

The European Parliament,

— having regard to the common position of the Council (C3-0408/92 — SYN 379),

— having regard to its opinion delivered at first reading (') on the Commission proposal(COM(9I)0523)(2 ),

— having regard to the relevant provisions of the EEC Treaty and its Rules of Procedure ,

1 . Has approved the common position ;

2 . Has instructed its President to forward this decision to the Council and Commmission .

(') OJ No C 125 , 18.5.1992, p. 170 .( 2 ) OJ No C 57, 4.3.1992, p . 11 .

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5. Public works contracts **II

DECISION A3-0002/93(Cooperation procedure : second reading)

Decision on the common position established by the Council with a view to the adoption of aDirective amending Directive 71/305/EEC concerning the coordination of procedures for the

award of public works contracts

The European Parliament,

— having regard to the common position of the Council (C3-0468/92 — SYN 439),— having regard to its opinion delivered at first reading (') on the Commission proposal

(COM(92)0345) (2 ),

— having regard to the relevant provisions of the EEC Treaty and its Rules of Procedure ,

1 . Has approved the common position ;2 . Has instructed its President to forward this decision to the Council and Commmission .

(') Minutes of 29 . 10. 1992, Part II , Item 4.(2 ) OJ No C 225, 1.9.1992, p . 11 .

6. Scientific examination of food questions **II

DECISION A3-0007/93(Cooperation procedure : second reading)

Decision on the common position established by the Council with a view to the adoption of aDirective on assistance to the Commission and cooperation by the Member States in the scientific

examination of questions relating to food

The European Parliament,

— having regard to the common position of the Council (C3-04 10/92 — SYN 332),

— having regard to its opinion delivered at first reading (') on the Commission proposal(COM(91)(X)16),

— having regard to the amended Commission proposal (COM(92)C)128) (2),

— having regard to the relevant provisions of the EEC Treaty and its Rules of Procedure,

1 . Has amended the common position as set out below; ,2 . Has instructed its President to forward this decision to the Council and Commmission .

COMMON POSITION TEXT AMENDEDOF THE COUNCIL BY PARLIAMENT

(Amendment No 1 )

Recital 15a (new)

Whereas the completion of the internal market is givingrise to increased participation of the Community repre

(') OJ No C 94, 13.4.1992, p. 286.(2 ) OJ No C 107 , 28.4.1992, p . 13 .

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sented by the Commission in the meetings and work onfoodstuffs of international organisations such as theWHO, FAO, JECFA, GATT, Council of Europe, OECDand also in bilateral relations;

7. Structure and strategy for European Union — Institutional role of theCouncil

(a) RESOLUTION A3-0189/92

Resolution on the structure and strategy for the European Union with regard to its enlargementand the creation of a Europe-wide order

The European Parliament,

— having regard to its resolutions on the political changes in Europe since 1989 and recentEurope-wide developments (') and on the constitution of the European Union (2),

— having regard to the motions for resolutions by Mr Martin and others (B3-0499/90) and MrRoumeliotis (B3- 1 937/90),

— having regad to the report and supplementary report by its Committee on Institutional Affairsand the opinions of the Committee on Foreign Affairs and Security and the Committee onExternal Economic Relations (A3-01 89/92 and A3-0189/92/Suppl .),

A. whereas the European Union has an increasing role ; whereas increasing demands are beingmade on it with regard to ensuring long-term domestic and external peace among all thepeoples of Europe, promoting democracy and the rule of law in all parts of Europe, bringingabout socially just and regionally balanced advances in economic prosperity , securingimproved protection for the natural environment , and preserving and fostering the culturalheritage throughout the whole of Europe,

B. whereas the progress of the Central and Eastern European States towards politicaldemocracy and a market economy , the continuing policies of reform in the republics on theterritory of the former USSR, and the end ofmilitary and ideological confrontation in Europehave created a new situation, not least for the European Union and its relations with otherEuropean states ,

(') in particular:— on political developments in Central and Eastern Europe including the Soviet Union , and the European

Community 's role , 13 July 1990, OJ No C 231 , 17.9.1990, p. 203 ;— the Conference on Security and Cooperation in Europe (Helsinki II Conference ), 9 October 1990, OJ No C 284,

12.1 1.1990, p. 36 ;— the Intergovernmental Conferences in the context of the European Parliament 's strategy for European Union ,

22 November 1990, OJ No C 324, 24.12.1990, p. 219 ;— the results of the Intergovernmental Conferences , 7 April 1992, Minutes of that date, Part II , Item 2 ;— a general outline for association agreements with the countries of Central and Eastern Europe, 18 April 1991 ,

OJ No C 129 , 20.5.1991 , p. 142 ;— Community enlargement and relations with other European countries , 15 May 1991 , OJ No C 158 , 17.6.1991 ,

p. 54 ;— the outlook for a European security policy , 10 June 1991 , OJ No C 183 , 15.7.1991 , p. 18 .

(-) resolutions on the European Parliament 's guidelines for a draft constitution for the European Union , 1 1 July 1990,OJ No C 231 , 17.9.1990, p. 91 and on the constitutional basis of European Union , 12 December 1990, OJ No C 19,28.1.1991 , p. 65 .

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C. whereas , despite the removal of the Communist dictatorships and the collapse of Soviethegemony in Eastern Europe, the peaceful coexistence of these peoples and progresstowards the freedom of the individual , constitutional democracy and economic well-beingare not secure on a long-term basis,

D. whereas the integration of European states within the framework of the European Union hasproved itself to be a uniquely successful way of overcoming nationalism, bringing aboutpeaceful settlements to disputes, and promoting economic development ; whereas it musttherefore not be abandoned under any circumstances, but rather consolidated and extended,

E. whereas for all European nations , economic, technological , ecological and social develop­ment poses problems and threats with which the sovereign national state alone is becomingless and less able to cope and which, as well as progressive integration in the EuropeanUnion, also require increasingly intensive Europe-wide cooperation,

F. whereas the quality of being European is not clearly definable in geographical or historical ,ethnic or religious , or cultural or political terms ; whereas , however, it presupposes thepolitical will to share a common future,

G. whereas the challenges posed, above all in securing peace , protecting the environment,promoting world-wide economic and social development and ensuring respect for humanrights , also imply a need for close cooperation with non-European states , in particular theUnited States and Canada, Russia and other republics on the territory of the former SovietUnion and with Turkey and the countries on the eastern and southern shores of theMediterranean,

H. whereas the nations of Europe are also affected by the consequences of social injustice ,economic imbalance, growing ecological destruction and population growth in other parts ofthe planet ; whereas they are therefore compelled to increase their joint efforts in a worldwidecampaign against hunger, poverty , ecological destruction and militarization,

I. whereas various proposals have been put forward for developing the structure of Europe , inparticular the 'Charter for a New Europe ' signed in the framework of the CSCE in Paris ,

J. whereas Turkey, Austria, Cyprus , Malta, Sweden, Finland and Switzerland have applied tobecome members of the European Union; whereas 'Europe agreements ' have beenconcluded with Czechoslovakia, Poland and Hungary which embody these countries ' desirefor membership ; whereas other European states are also making appropriate moves ; whereasthe countries bordering on the southern and eastern Mediterranean have expressed the wishto strengthen their links with the Union,

K. whereas full membership of the Union implies , above all , a commitment to the federal natureof that Union and that countries should be willing and able to accept all its rules and all itsprinciples , if necessary after a suitable transitional period,

L. whereas the enlargement of the European Union to include further states Will considerablydisrupt the operation of its institutions , unless these are reorganized at the same time ,

I. Essential features of a Europe-wide order

1 . States its conviction that the new situation in Europe confronts the European Union withdemands which it must meet on the home front by more courageous reform in the direction of aunion with a federal goal , founded on respect for the principle of subsidiarity , and on the externalfront with a new approach to the issue of ever-closer collaboration between all the nations ofEurope ;

2 . Regards enlargement of the European Union to include those European states which havefully developed democratic institutions under the rule of law as well as guarantees for human

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rights and the structures of a market economy, are willing and able to take over Communitypatrimony , including economic and monetary union including the agreement on social policyreached in the Maastricht Treaty and unconditionally recognize the goal of political union, asdesirable in the interest not only of those applying for membership, but also of the EuropeanUnion ;

3 . Does not believe that it is possible or necessary for all the nations of Europe or those whichfeel themselves to be European or are allied with Europe to be gathered together at some futurepoint into a union ; points out further that decisions on enlargements of the Union also depend onfuture political , geopolitical . and economic developments in Europe and on the internaldevelopment of the European Union ;

4 . Considers it desirable that, in the first instance, negotiations should commence with theEFTA countries which have applied for accession and that the negotiations should run in parallel ,with the aim of completing any accession by the same date ;

5 . Believes that the European Economic Area, which should not compromise the role of theEuropean Court of Justice and the European Parliament, will both facilitate subsequentmembership for those EFTA states desiring it , as well as affording an opportunity for fosteringclose economic and political ties between the European Union and the economically advancedEuropean states that do not wish to join the Union ;

6 . Observes that the opportunities afforded under Article 238 of the EEC Treaty for closer tieswith the Community and for support for the reform process in Eastern Europe have not beenexploited to the full in the association agreements (Europe agreements) concluded to date andsuggests in particular examining whether:

— association with the Union can be provided for, so that associated states may becomeinvolved as appropriate in the common foreign and security policy as well as in cooperationin domestic policy and justice matters without, however, preventing the developmenttowards full , genuine Community powers in those areas ;

— forms of association can be created affording gradual , but increasingly close involvement inthe Community , with a view to possible membership ;

— multilateral forms of regional cooperation and regional political dialogue between the Unionand several associated states can be developed in order to foster regional cohesion andneighbourly relations and combat the rise in nationalism;

7 . Hopes, leaving aside the likely enlargements and associations with new partners , that theEuropean Union will , at all events , continue its policy of opening up specific Community supportprogrammes such as SPES , Sprint, Erasmus or Petra and agencies such as the EuropeanEnvironment Agency to include all European states , acting individually or in subregional groups,on the understanding that these states should pay an appropriate share of the costs ;

8 . Calls on the Union, alongside the strengthening and democratization of its own federal-typeinstitutional system, to establish a system of confederative cooperation in Europe, which couldprovide a Europe-wide framework for resolving specific problems affecting Europe as a wholesuch as , for example, safeguarding security , dealing with emigration and immigration, securityof energy supply , dealing with certain tasks in environmental protection, health protection, thefight against crime or respect for human rights and the rights of minorities ;

9. Considers that the Council of Europe and the CSCE should become part of this ' system ofconfederative cooperation in Europe ' and should thus continue and step up their important role asfora for Europe-wide agreements in those areas for which they have particular responsibility andthat the European Union must be its centre and its driving force ;

10. Considers it necessary that the European Union as such, in addition to its Member States ,should become a member of the Council of Europe and a participant in the CSCE, with the Uniongradually becoming the spokesman for the Member States on those matters for which powers aretransferred to it ;

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11 . Believes that the system of confederative cooperation in Europe should not be organizedas a classic , unified and all-embracing confederation, but rather that it should stem from anumber of functionally or regionally oriented confederations, it being expected that the EuropeanUnion will provide impetus for the creation of such confederations ;

12 . Considers it important that the cooperation in the functionally oriented confederationsshould be organized flexibly and that there should be cooperation in them between the EuropeanUnion and third countries which are concerned to find joint solutions to common problems inspecific areas and are willing where necessary to exercise jointly certain prerogatives of nationalsovereignty ;

13 . Stresses that the cooperation in the functionally oriented confederations should notweaken or affect the process of integration in the European Union, which is linked with thetransfer of national responsibilities ;

14 . Believes that the US and Canada, Russia and other states on the territory of the formerUSSR, Turkey and the non-European Mediterranean area can be associated, each in its own way,with the ' system of confederative cooperation ' in certain areas of responsibility ;

15 . Believes that as a rule inter-governmental cooperation between the European Union andthe other States is currently the realistic and appropriate means of taking decisions in the ' systemof confederative cooperation in Europe ', on condition however that the participation of each stateinvolved and above all of the European Union is subject to parliamentary accountability , thatagreed law can not become operative in the European Union and in the other states until it hasbeen approved by the European Parliament and/or the national parliaments ;

16 . Calls for the establishment of a 'European Academy' consisting of a certain number ofoutstanding, experienced and independent European personalities drawn from the worlds ofculture , art, science , religion and politics , not subject to national quotas ; they would act asrepresentatives of Europe 's cultural identity in all its diversity ;

II. Structural and institutional reforms

The union,

17 . Considers the Treaty on European Union adopted on 7 February 1992 in Maastricht to benecessary but not sufficient to place the Union on the proper political and institutional footingrequired for it to respond appropriately to the new challenges and in particular to welcome anumber of new Member States ;

18 . Is convinced that the European Union will not prove equal to the accession of new Statesand the Europe-wide challenges unless it grows into a Union founded on federal structures withlimited but real powers, applied on the basis of the subsidiarity principle , and fully developeddemocratic institutions , based on a draft constitution drawn up by the European Parliament forratification by the national parliaments ;

19 . Calls therefore for an intergovernmental conference to be convened before 1996 andbefore any decisions are taken on enlargement, and to be given a brief to start this process withthe involvement of the European Parliament, on the basis of the draft Constitution of the Union insuch a way as to ensure that the Union can absorb other European states whilst strengthening itscohesion, its ability to take decisions and its democratic legitimacy ;

20. Disagrees with the view expressed in the conclusions of the Lisbon European Council of27 June 1992 that enlargement of the Union to include those EFTA States wishing to accedeshould be completed without further institutional reforms ;

2 1 . Insists that at least the most urgent institutional and structural reforms should be agreed aspart of the next accession negotiations ;

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22. Adopts the following guidelines for these reforms :

(a) With regard to the Council :

— the role and nature of the presidency must be redefined, taking into account the principleof equality between the Member States but also the greater demands in the future forcontinuity and presence of the Union 's external representation;

— its development into a second legislative chamber in the sense of a genuine chamber ofstates and alongside the European Parliament must be accelerated , with it becoming astanding body of the Union, its meetings on legislative matters being held in public andtaking majority decisions in co-decision and on an equal footing with the EuropeanParliament , the qualified majority being redefined using new criteria whilst maintainingweighted voting in respect of the enlargement of the Union ;

\

— it must have a special role conferred on it in laying down implementing provisions on thebasis of the laws adopted by the Council and Parliament in the framework of a clearlegislative hierarchy, as the responsibility of the Member States for the implementationand application of Union laws must be maintained ;

(b) With regard to the Commission : '

— it must hold executive power in the European Union and as such must manage theUnion 's affairs on the basis of the European Union 's laws and in accordance with theguidelines laid down by the European Council ;

— its political capacity to act and parliamentary accountability must be strengthened, inparticular with regard to responsibilities in external relations and in the ' system ofconfederative cooperation ' in Europe ;

— it must represent the European Union at the external level in particular with regard toEurope-wide structures and in the areas of responsibility transferred to it and, in otherareas , in agreement with the Council and monitored by the European Parliament, whichshould have monitoring powers equivalent to those normally applying in foreign policyin the Member States ;

— the principle of political portfolios must be introduced;

— the Commission President, elected by Parliament on a proposal from the EuropeanCouncil , must, in agreement with the Council and the Parliament and bearing in mind theneed for balanced representation of all the Member States in the highest offices of theUnion, decide on the composition of the Commission ;

— the use of deputy Commissioners for certain portfolios should be authorized;

(c ) With regard to the European Parliament :

— it must become more representative with an increasing number ofMember States in theEuropean Union in that the number of Members shall be laid down in accordance withthe principle of 'degressive proportionality ', i.e. the higher the population of a givenMember State the lower the ratio of Members to the population as a whole ;

— it must collaborate with the Council on the basis of equal rights and powers , in allspheres in which the European Union has legislative competence and with respect to alldecisions concerning revenue and expenditure ;

— it must have considerably enhanced control over foreign and security policy in particularwith regard to the role of the European Union and its decisions in the ' system ofconfederative cooperation in Europe ' and the further development of the EuropeanUnion in that it shall be given the right of assent with respect to all fundamental commonforeign and security policy decisions , the conclusion of international treaties and alldecisions adopted unanimously by the Council in the framework of the European Union ;

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23 . With regard to the use of languages in an enlarged European Union, takes the basicposition that:

— respect for cultural diversity and legal security require that the national languages in theEuropean Union are official languages of the European Union ;

— every citizen and every Member of Parliament has the right to be heard in his nationallanguage in the institutions of the Union and to be informed in this language concerningUnion policies and legislation ;

and considers that the increase in the number of official languages as a result of the enlargementof the Community to include new Member States will make it essential to reach an agreement onthe technical use of working languages ;

Council of Europe

24. Suggests that it should be made possible for the Council of Europe to extend still further itsrole in the field of cultural , scientific , health, urban, private legal , social and social ethicalcooperation between all the states of Europe and organizations of states and proposes that itshould also play a greater role as a forum for dialogue between municipalities and the regions andbetween governmental and non-governmental organizations in Europe ;

25 . Advocates :

— the further development of the Convention for the Protection of Human Rights andFundamental Freedoms and the Social Charter, with a view to developing a charter ofminority rights in Europe which would guarantee both individual and collective rights ;

— the completion of the system of legal protection under the European Human RightsConvention, in particular in view of complaints about the infringement of minority rights inEuropean countries ;

— the drafting of further European conventions in fields of common interest, particularly withregard to legal , social , ethnic and ethical questions ;

Conference on Security and Cooperation in Europe (CSCE)

26 . Believes that the recently enlarged CSCE must further strengthen and institutionalize itssecurity policy activities in accordance with and on the basis of the 'Helsinki Document 1992 'adopted by the Heads of State and of Government of the CSCE participating States on 10 July1992 ;

27 . Believes that, following the most recent enlargement of the CSCE, further development ofthe CSCE Charter is particularly necessary in order to harmonize the principle of non­interference and respect for territorial integrity with the principle of respect for the right ofautonomy and the protection of minorities and welcomes the appointment of a High Commis­sioner of the CSCE with responsibility for national minorities , despite his limited independenceand freedom to take the initiative ;

28 . Views the participation of the US and Canada within the CSCE not only as an expressionof the abiding involvement of these two states with the future of Europe but also as a possibilityfor closer cooperation over and above the security sphere ;

29 . Wishes, for as long as the European Community — or ultimately the European Union— isnot a full participant in the CSCE, to be represented in the CSCE parliamentary assembly bymeans of a delegation enjoying a specifically-defined status ;

WEU and NATO

30. Believes that the WEU, as an instrument of common defence policy , must be linked moreclosely to the institutions of the European Union in a transitional period and should be absorbedinto the Union in 1996 ;

31 . Welcomes the WEU decisions of 19 June 1992 to institutionalize and structure dialogue,consultation and cooperation with the States of Central and Eastern Europe ;

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32 . Takes the view that NATO, pending development of the role of the CSCE and pendingNATO's organizational reform and political and strategic realignment on the basis of theCopenhagen and Rome Declarations, can continue to act as a security guarantee for the whole ofEurope and a close bond between Europe on the one hand and the US and Canada on the other;

33 . Considers that the creation of the North Atlantic Cooperation Council provides a suitablestarting point for increased security policy links between NATO and the member states of theformer Warsaw Pact;

34 . Considers it desirable for NATO to play a leading role in a comprehensive non-aggressionand mutual assistance pact binding all its member states with all other European states includingRussia and possibly other states on the territory of the former Soviet Union and the EuropeanUnion ;

Mandates to the bodies of the European Union

35 . Confirms the mandate to its appropriate committee rapidly to complete the drafting of theconstitution for the European Union ;

36 . Calls on the Commission, the Council and the Member States to develop the EuropeanUnion into the driving force and focal point of the ' system of confederalve cooperation inEurope ' and thus the fixed starting point for a Europe-wide order to maintain peace across thecontinent, foster the development of democracy , strengthen economic and social cohesion,protect the natural foundations of human life , preserve the regions and cultures of Europe in theirdiversity and also meet its responsibilities for the fight against famine, poverty , environmentaldegradation and rearmament in other parts of the world as well ;

*

* *

37 . Instructs its President to forward this resolution to the Council , the Commission, thegovernments of the Member States , the US and Canada, the Council of Europe, the CSCE, theWEU and NATO.

(b) RESOLUTION A3-0190/92

Resolution on the institutional role of the Council

The European Parliament,

— having regard to Article 145 et seq. of the EEC Treaty, Article 26 et seq. of the ECSC Treatyand Article 115 et seq. of the EAEC Treaty,

— having regard to the draft Treaty establishing European Union, adopted on 14 February1984 0 ),

— having regard to the resolution of 12 December 1990 on the constitutional basis of EuropeanUnion (2 ),

— having regard to the Final Declaration by the Conference of Parliaments of the EuropeanCommunity from 27 to 30 November 1 990 in Rome (3),

— having regard to the conclusions of the European Council of December 1991 and the Treatysigned in Maastricht on 7 February 1992,

(') OJ No C 77 , 19.3.1984 , p. 33 .( 2 ) OJ No C 19, 28.1.1991 , p. 65 .(■') EP Bulletin 4/S — 90.

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— having regard to its resolution of 7 April 1992 on the results of the IntergovernmentalConferences ('),

— having regard to its resolution of 14 October 1992 on the state of European Union andratification of the Maastricht Treaty (2),

— having regard to the motions for resolutions by Mr Roumeliotis (B3-0250/9 1 ), Mrs Aglietta,on behalf of the Green Group, (B3-0533/91 ) and Mr Bowe (B3- 105 1 /91 ),

— having regard to the report and supplementary report by the Committee on InstitutionalAffairs (A3-0 190/92 and A3-0190/92/Suppl .),

A. whereas , in view of the enlargement of the Union, the uniqueness of the Communityinstitutions must be confirmed, their special nature readjusted, and the essential balancebetween them improved with a view to a Union on a federal basis ,

B. whereas it is necessary to improve the efficiency and the democratic basis of the Communityenterprise , strengthen the political nature of the representation of the Member States and ingeneral increase the representative nature of the institutions of the Union,

C. whereas in its current form and as it operates at present, the Council does not guarantee fullrepresentation for the complex political and institutional reality of the Member States ;whereas adequate expression is thus not given to the fundamental importance of the Council ,which represents the sovereignty progressively pooled by the Member States ,

D. whereas , in the spirit of the Treaties , the permanent nature of the representation of theMember States within the Council must be completely restored and in general furtherdefined and, at the same time, the Council must be constituted in such a way as to reflect thedifferent constitutional structures of the Member States,

E. whereas the excessive fragmentation of the Council into specialized Councils , contrary tothe spirit and the letter of the Treaty , reinforces the bureaucratic and non-political nature ofthe Member States ' involvement in decision making, and the institutionalization ofpreparatory committees further undermines its unity ,

F. whereas the European Council must preserve in its entirety and even step up its function ofstimulating and guiding the Union; whereas the conferring of direct responsibilities in thedecision-making procedures of the Union would distort the general nature of the choices it isrequired to make,

G. whereas this specific function must be carried out both in the traditional Community context,in accordance with the role of the Institutions , and in the context of the Union 's newcompetences in the field of common foreign and security policy and internal affairs andjustice,

H. whereas , in accordance with the principle of dual legitimacy, the Council must above allcarry out its role as co-legislator with the European Parliament, through an appropriateprocedure in which the equality of the two arms of the legislative authority is fullyguaranteed,

I. whereas the Commission, in addition to its exclusive power of legislative initiative , musthave responsibility for proper implementation ; whereas this must be carried out in contactwith the Council and the national or, if appropriate , regional authorities of the MemberStates , via well-defined procedures ,

J. whereas the Council must act by a qualified majority in legislative procedures andunanimously in constitutional procedures,

K. whereas the system of weighted voting must be maintained, but the details of the systemmust be adjusted to a Union in the process of enlargement,

(■) OJ No C 125 , 18.5.1992 , p . 81 .(2 ) OJ No 299, 16.11.1992, p. 8 .

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L. whereas the debate on the transparency of the Community 's decision-making procedure ,with regard inter alia to the requirement that some of the Council 's business should beconducted in public , that there should be improved information on the activities of theCommunity and that Community legislation should be made more easy to understand, waslaunched at the European Council meeting in Birmingham and has been taken up, albeit to alimited and unsatisfactory extent, by subsequent meetings of the Council and Coreper;

1 . Considers it vital that the European Council preserve in its entirety and even step up itsfunction of stimulating and guiding the Union, which must not be weakened by the exercise ofother responsibilities concerning the decision-making procedures ;

2 . Also considers it vital that this essential function should involve, without prejudice to thecompetences of the Institutions , both the areas of traditional competence of the Community , andalso common foreign and security policy and internal affairs and justice ;

3 . Considers that full observance of the spirit and letter of the articles of the EC Treaty withregard to the political , permanent and unitary nature of the Council is essential ;

4 . Also hopes that the constitution of the institutional establishment of the Union will includeprovisions taking account of the following principles , aimed at improving the political nature ofrepresentation of the Member States and strengthening the efficiency and the democratic natureof the Community enterprise :

(a) the Member States shall be represented in the Council by permanent delegations , chaired bya minister responsible , whose members shall be appointed by the Member States , inaccordance with their own internal Regulations ; the unitary and the permanent nature of thedelegation of each Member State to the Council is designed to guarantee — in fullobservance of the principle of subsidiarity — the possibility of representation expressing thedifferent constitutional structures of the individual Member States and, for example , of thoseregional authorities which have exclusive competence ;

(b ) each delegation in the Council shall have a unitary vote , weighted in accordance with theprovisions of the Treaties , and shall have the power to commit the state ;

(c ) the permanent nature of the delegation in the Council shall not conflict with the possibilitythat Council decisions may be prepared by technical committees established with specificcompetences in order better to guarantee the convergence and complementary nature ofnational policies ; such committees shall form part of a single structure — like Coreper — inorder to guarantee uniformity of direction ;

(d) the permanent nature of the delegation must, however, ensure that the general interest ofeach Member State and the common good of the Union take precedence over the tendencytowards special interest or bureaucratic interventions and the weakening of the general linesof Union legislation ;

(e ) all the legislation of the Union shall be adopted on the basis of full co-decision between theEuropean Parliament and the Council , via a procedure which guarantees full parity betweenthe two institutions and the efficiency of the decision-making process ; legislative decisionsare those referred to in the resolution of the European Parliament of 1 8 April 1 99 1 on thehierarchy of legal acts ('); an interinstitutional agreement should be reached on this subjectby the end of 1996 ;

(f) as a rule , the Council shall act by a qualified majority ; in the case of politically sensitiveissues the majority shall still be around two thirds of the weighted votes and in the case ofother legislative decisions an absolute majority of the weighted votes shall be sufficient ; fordecisions of a constitutional nature the principle of unanimity or a reinforced qualifiedmajority shall apply ;

(g) when the Council is acting in its legislative role , it shall sit in public ; major policy debatesshall also be held in public as shall the debates on the Commission 's annual report and all theother regular reports by the Commission and other bodies of the Union ;

(') OJ No C 129, 20.5.1991 , p . 136 .

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(h) the presidency of the Council , particularly in view of enlargement of the Union, shall have apurely coordinating role , in as much as the Council represents equal sovereignties of statesand does not admit any superiority or leadership ; by means of an amendment of Article 146of the EEC Treaty , it shall be on a personal rather than a state basis , and shall be constitutedvia election by the Member States according to arrangements and periods of rotation —necessarily short — to be established;

(i) in addition to the powers already defined, in particular the exclusive power of legislativeinitiative , the Commission shall carry out the governing activities of the Union and henceshall be responsible for the proper execution and application of Union legislation ; inaccordance with the principle of subsidiarity , implementation shall largely be the task of theMember States and their institutional authorities , which are in a better positioh to fulfil thisrole in line with the different local circumstances ; implementing rules shall be issued by theCommission on the basis of laws adopted by the Council and Parliament, but in certain casesand according to certain procedures the legislative authority shall have the right of assent ;

5 . Considers that the permanent nature of each national delegation will promote a moreeffective democratic relationship with the national parliaments, in particular by :— providing the national parliaments with precise information and, through this , greater

involvement of these parliaments in the preparation, at national level , of the main legislativeprocedures of the Union;

— greater democratic transparency in the functioning of the Council which may be obtained bymonitoring the actions of each delegation through the respective national parliaments , bymaking meetings where legislation is adopted open to the public — while at the same timeguaranteeing the requisite confidential nature of technical deliberations and of the detailedpreliminary negotiations stage— by institutionalizing the rule whereby major policy debatesand discussions of work programmes should be held in public and institutionalizing thepresence of the Council at the meetings of committees of the European Parliament and at itsplenary sessions by analogy with Commission practice ;

— providing for greater clarity in Community legislation and the regular compilation ofcodified texts containing all the successive modifications to legislative texts ;

6. Points out that, especially in view of the enlargement of the Union, it will be necessary toadjust the definition of the qualified majority , on the basis of the following principles :— votes should continue to be weighted for all legislative decisions and politically significant

decisions , as already reiterated;

— in the event of enlargement of the Union the weighting of votes should be updated inaccordance with the new situation ;

— equality of votes among the large founding Member States should be maintained ;

— the qualified majority should be set so that it can not be reached by the five large MemberStates of the Community of Twelve by themselves ;

— the minority required to block legislation should be set so that it can not be reached by threelarge Member States of the Community of Twelve by themselves ;

7 . Points out, finally , that the modification of the composition and functioning of the Councilmust lead towards more active participation by constitutionally recognized regions , socialinstitutions and national parliaments in forming the position of the Member States at Communitylevel , according to their respective constitutions ;

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

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8. Cooperation procedure

RESOLUTION A3-0384/92

Resolution on the cooperation procedure

The European Parliament,

— having regard to its draft Treaty establishing the European Union of 14 February 1984 ('),

— having regard to the Single European Act,

— having regard to its resolutions of 1 1 July 1990 on the Intergovernmental Conference in thecontext of Parliament 's strategy for European Union (2), 22 November 1990 on theIntergovenmental Conferences in the context of the European Parliament's strategy forEuropean Union (3 ) and 7 April 1992 on the results of the intergovenmental conferences (4),

— having regard to its resolution of 17 June 1988 on the democratic deficit in the EuropeanCommunity (5 ),

— having regard to its resolutions of 16 February 1989 (6) and 17 December 1992 (7) on theconciliation procedure ,

— having regard to its resolution of 16 February 1989 on the strategy of the EuropeanParliament for achieving European Union (8 ),

— having regard to its resolution of 16 February 1989 on relations between the nationalparliaments and the European Parliament (9),

— having regard to its resolution of 10 October 1991 on relations between the EuropeanParliament and the national parliaments after the Conference of Parliaments of the EuropeanCommunity ( l0) and the Cravinho report on the further development of relations between theEuropean Parliament and the parliaments of the Member States ("),

— having regard to Rule 1 2 1 of its Rules of Procedure,

— having regard to the report of the Committee on Institutional Affairs (A3-0384/92),

A. whereas it is unacceptable that a union of democratic nations should not itself be democratic ,

B. whereas there is no genuine parallel at Community level to the role played by parliaments inthe legislative process at national level in the Member States : much Community legislationcan be adopted or rejected without the approval of the European Parliament,

C. whereas a democratic procedure for the Community 's legislative process must involveco-decision in which Parliament and the Council are on an equal footing ,

D. whereas it is also essential greatly to improve cooperation between the national parliamentsand the European Parliament if the European Community is to be truly democratic ,

(') OJ No C 77 , 19.3.1984, p. 33 .(2 ) OJ No C 231 , 17.9.1990, p. 97 .(') OJ No C 324, 24.12.1990, p . 219( 4 ) OJ No C 125 , 18.5.1992 , p . 81 .(5 ) OJ No C 187 , 18.7.1988 , p . 229 .(h ) OJNoC 69, 20.3.1989, p . 151 .( 7 ) Minutes of that sitting , Part II , Item 2(8 ) OJ No C 69, 20.3.1989, p . 145 .(") OJ No C 69, 20.3.1989, p . 149 .('") OJ No C 280, 28.10.1991 , p . 144(") PE 150.961 /BUR and Minutes of Enlarged Bureau meeting of 24.9.1991 , p. 7

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E. whereas it is unacceptable that legislative powers already conferred on the EuropeanCommunities by the Member States are normally exercised in the last resort by the Council ,whose decisions are in many instances not subject to effective control by any elected body ,

F. whereas it is unacceptable that the delegation of further powers to the European Communityshould not be accompanied by the establishment of effective democratic control over allsuch fields,

G. whereas the institution, under the Single European Act, of the cooperation procedure ,applying to Articles 7 , 49, 54(2), 56(2), second sentence, 57 with certain exceptions, 66,100a, 100b, 118a, 130e and 130q(2) of the EEC Treaty , has transformed the role of theParliament in these limited though vital fields , and introduced a degree of democratic controlover the establishment of a single market by the end of 1 992,

H. aware that, if and when the Treaty of Maastricht is ratified, the cooperation procedure(set out, unchanged from its Single European Act formulation, in Article 1 89c) will becomethe most important of the legislative procedures to be used in the Community ,

I. noting in particular the implications for the Parliament 's workload of the extension underMaastricht of the cooperation procedure (which will cover 14 policy areas against1 1 previously) and the creation of a new form of legislative procedure , co-decision(Article 189b), covering 15 policy areas ; and that the time limits of three months forParliament 's consideration of the Council 's common positions (applicable to 29 policyareas) and of six weeks for adoption of a Conciliation Committee text (third reading) willnecessitate much more frequent part-sessions ,

J. recalling that it undertook, in its resolution of 16 January 1986 on the position of theEuropean Parliament on the Single Act approved by the Intergovernmental Conference on16 and 17 December 1985 ('), to use' to the full the possibilities offered by the Single Act,

K. whereas it has shown itself capable of exercising effectively the new responsibilities ofdemocratic control conferred on it under the cooperation procedure ,

L. noting particularly that, in the 259 acts adopted under the cooperation procedure from theentry into force of the Single European Act to the end of September 1 992, 44% ( 1 524 out of3 482) of Parliament's amendments were accepted by the Council at first reading and 26%(213 out of 831 ) at second reading, making a total of well over 50% ; recognizing howeverthat this purely statistical analysis may exaggerate the political importance of the amend­ments adopted and that a political assessment is urgently needed,

M. whereas the cooperation procedure is nevertheless defective in three major respects :

(a) in the limited field to which it applies ,

(b) in permitting the Council to kill legislation by default (Article 149(2)(f)),

(c) in the Council 's right to adopt legislation in face of Parliament 's rejection of all or partsof it ,

N. whereas the presidency 's conclusions from the European Council of 14/ 15 December 1990in Rome gave a mandate to the Intergovernmental Conference on Political Union forsubstantial improvement of the cooperation procedure ,

O. whereas it is appropriate in a democracy that all the stages of the legislative procedure shouldbe open to the public ,

P. recalling that, in October 1 987 , Lord Plumb, then President of Parliament, found it necessaryto warn the Council that it was not respecting its obligation under the Single European Act toinform Parliament fully of the reasons which led the Council to adopt its common positions ,and that this situation has so far been only partially remedied,

(') OJ No C 36, 17.2.1986, p . 144 .

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1 . Reiterates its view that Community legislation not of a constitutional nature must, as soonas possible, be adopted by a process of co-decision between Parliament and Council in which thetwo institutions have equal weight and equal rights ;

2 . Reaffirms in this connection its proposal for co-decision set out in its above-mentionedresolutions of 1 1 July and 22 November 1990;

3 . Recognizes , however, that the cooperation procedure may be regarded as part of apreparatory stage in the introduction of genuine co-decision, and calls on the Council andCommission meanwhile to do all in their power to make the application of the cooperationprocedure, set out in Article 149(2), of the EEC Treaty and in Article 189c of the MaastrichtTreaty work in the most democratic manner possible , through inter-institutional agreements ,modification of their rules of procedure , or any other available means ;

4 . Calls on the Council , in particular, to respect, to the letter, the first sub-paragraph ofArticle 149(2)(b) and to ' inform the Parliament fully of the reasons which led the Council toadopt its common position, and also of the Commission 's position ' ; these reasons should includethe results of the votes in the Council and the views of each Member State , enabling the peoplesand parliaments of the Community to form a view of their governments ' position ;

5 . Reaffirms its view that conciliation is needed for the democratic operation of thecooperation procedure just as much as for the consultation and co-decision procedures ; sees noreason for its being omitted from the cooperation procedure ; and calls on the Council , with theassistance of the Commission, to work out with the Parliament, in the framework of aninter-institutional agreement, appropriate procedures for conciliation to be set in motion at therequest either of Parliament or the Council ;

6 . Believes that the greatest possibilities of influencing a common position occur before it isagreed on by the Council , and calls for means to be found for Parliament to make a greater inputinto the cooperation procedure (and also the co-decision procedure) before the Council adopts itscommon position ;

7 . Reiterates its firm intention to improve democratic control of legislation by doing all in itspower to establish effective cooperation with the parliaments of the Member States ;

8 . Reiterates its frequently expressed demand that all stages of the Community legislativeprocess , including the relevant meetings of the Council , be held in public ;

9 . Calls on the governments and parliaments of the Member States , the Council and theCommission, to take all necessary steps to give effect to these wishes , whether by modifying theTreaty , negotiating inter-institutional agreements , or modifying internal rules of procedure ;

1 0 . Instructs its President to forward this resolution to the Commission, the Council , and thegovernments and parliaments of the Member States and applicant states .

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Wednesday, 20 January 1993

ATTENDANCE REGISTER

20 January 1993ADAM, AINARDI, ALAVANOS , ALBER, von ALEMANN, ALEXANDRE, ALLIOT-MARIE,ALVAREZ DE PAZ, AMARAL, AMENDOLA, ANASTASSOPOULOS , ANDRE, ANDREWS,ANTONY, ARBELOA MURU, ARCHIMBAUD, AVGERINOS , BAGET BOZZO, BALFE, BANDRÉSMOLET, BANOTTI , BAR6N CRESPO, BARRERA I COSTA, BARTON, BARZANTI , BAUR,BEAZLEY C. , BEAZLEY P. , BEIROCO, BELO, BENOIT, BERNARD-REYMOND, BERTENS ,BETHELL, BETTINI , BETTIZA, BEUMER, BINDI , BIRD, BJ0RNVIG, BLAK, BLANEY, BLOT,BOCKLET, BÖGE, BOFILL ABEILHE, BOISSIERE, BOMBARD, BONDE, BONETTI , BONTEMPI ,BORGO, BOURLANGES , BOWE, BRAUN-MOSER, BREYER, BRITO, BROK, BRU PUR6N,BUCHAN, BURON, de la CÁMARA MARTINEZ, CANAVARRO, CANO PINTO, CAPUCHO,CARNITI , CARVALHO CARDOSO, CASINI , CASSANMAGNAGO CERRETTI , CASSIDY,CASTELLINA, CATASTA, CATHERWOOD, CAUDRON, CECI , CEYRAC, CHABERT, CHANTERIE,CHEYSSON, CHIABRANDO, CHRISTENSEN F.N. , CHRISTENSEN I. , CHRISTIANSEN, CINGARI ,COATES, COIMBRA MARTINS , COLAJANNI, COLINO SALAMANCA, COLLINS , COLOM INAVAL, CONTU, COONEY, CORNELISSEN, COT, COX, CRAMON DAIBER, CRAMPTON,CRAVINHO, CRAWLEY, da CUNHA OLIVEIRA, CUSHNAHAN, DALSASS , DALY, DAVID,DEBATISSE, DE CLERCQ, DEFRAIGNE, DE GIOVANNI , DELCROIX, DE MATTEO, DENYS, DEPICCOLI , DEPREZ, DESAMA, DESMOND, DESSYLAS, DE VITTO, de VRIES , DIDO', DÍEZ DERIVERA ICAZA, van DIJK, DILLEN, DINGUIRARD, DOMINGO SEGARRA, DONNELLY,DOUSTE-BLAZY, DUARTE CENDÁN, DUHRKOP DUHRKOP, DURY, DUVERGER, ELLES ,ELLIOTT, ELMALAN, EPHREMIDIS , ERNST de la GRAETE, ESCUDERO, ESTGEN, EWING,FALCONER, FALQUI, FANTINI , FANTUZZI , FAYOT, FERNÁNDEZ-ALBOR, FERRER, FERRI ,FITZGERALD, FITZSIMONS, FLORENZ, FONTAINE, FORD, FORTE, FRÉMION, FRIEDRICH,FRIMAT, FROMENT-MEURICE, FUCHS , FUNK, GAIBISSO, GALLAND, GALLE, GALLENZI ,GARCIA, GARCÍA AMIGO, GARCÍA ARIAS , GASÒLIBA I BOHM, GERAGHTY, GIL-ROBLESGIL-DELGADO, GISCARD d'ESTAING, GLINNE, GOEDMAKERS , GORLACH, GOLLNISCH,GOMES, GONZALES ALVAREZ, GRAEFE zu BARINGDORF, GREEN, GREMETZ, GRONER,GRUND, GUIDOLIN, GUILLAUME, GUTIERREZ DÍAZ, HABSBURG, HADJIGEORGIOU,HANSCH, HAPPART, HARRISON, HERMAN, HERMANS, HERVÉ, HERZOG, HINDLEY, HOFF,HOLZFUSS, HOPPENSTEDT, HOWELL, HUGHES , IACONO, IMBENI , INGLEWOOD, ISLERBÉGUIN, IVERSEN, IZQUIERDO ROJO, JACKSON Ca„ JACKSON Ch„ JAKOBSEN, JANSSEN vanRAAY, JARZEMBOWSKI, JENSEN, JEPSEN, KELLETT-BOWMAN, KEPPELHOFF-WIECHERT,KILLILEA, KLEPSCH, KÖHLER H„ KÖHLER K.P. , KOFOED, KOSTOPOULOS, KUHN, LACAZE,LAGAKOS , LAGORIO, LALOR, LAMANNA, LAMASSOURE, LAMBRIAS , LANDA MENDIBE,LANE, LANGENHAGEN, LANGER, LANGES , LANNOYE, LA PERGOLA, LARIVE, LARONI ,LATAILLADE, LAUGA, LE CHEVALLIER, LEHIDEUX, LEMMER, LENZ, LE PEN , LINKOHR,LIVANOS, LLORCA VILAPLANA, LO GIUDICE, LOMAS, LUCAS PIRES , LÜTTGE, LULLING,LUSTER, McCARTIN , McCUBBIN, McGOWAN, McINTOSH, McMAHON, McMILLAN-SCOTT,MAGNANI NOYA, MAHER, MAIBAUM, MALANGRÉ, de la MALÈNE, MALHURET,MANTOVANI , MARCK, MARINHO, MARQUES MENDES , MARTIN D„ MARTINEZ, MATTINA,MAZZONE, MEDINA ORTEGA, MEGAHY, MEGRET, MELANDRI, MELIS , MENDES BOTA,MENDEZ DE VIGO Y MONTOJO, MENRAD, MERZ, METTEN, MIHR, MIRANDA DA SILVA,MIRANDA DE LAGE, MITOLO, MOORHOUSE, MORAN L6PEZ, MORETTI , MORRIS , MOTTOLA,MULLER Gerd, MULLER Gunther, MUNTINGH, MUSCARDINI , MUSSO, NAPOLETANO,NAVARRO, NEUBAUER, NEWENS , NEWMAN, NEWTON DUNN, NIANIAS , NICHOLSON,NIELSEN, NORDMANN, ODDY, O'HAGAN, ONESTA, ONUR, OOMEN-RUIJTEN , OOSTLANDER,ORTIZ CLIMENT, PACK, PAGOROPOULOS , PAISLEY, PAPAYANNAKIS , PAPOUTSIS , PARODI ,PARTSCH, PASTY, PATTERSON, PEIJS , PENDERS , PEREIRA, PERY , PESMAZOGLOU, PETER,PETERS , PIECYK, PIERMONT, PIERROS , PIMENTA, PIQUET, PIRKL, PISONI F„ PISONI N„PLANAS PUCHADES , PLUMB, POETTERING, POLLACK, POMPIDOU, PONS GRAU, PORTO,PRAG, PRICE, PRONK, PROUT, PUCCI , PUERTA, van PUTTEN, QUISTHOUDT-ROWOHL,QUISTORP, RAFFARIN, RAFFIN, RANDZIO-PLATH, RAUTI , RAWLINGS , READ, REDING,REGGE, REYMANN, RIBEIRO, RINSCHE, RISKIER PEDERSEN, ROBLES PIQUER, R0NN,ROGALLA, ROMEOS, ROMERA I ALCAZAR, ROSMINI , ROSSETTI , ROTH-BEHRENDT, ROTHE,ROTHLEY, ROUMELIOTIS , ROVSING, RUBERT DE VENT6S , RUIZ-GIMENEZ AGUILAR, SABY,SÄLZER, SAINJON, SALEMA, SALISCH, SAMLAND, SANDBÆK, SANTOS , de los SANTOSL6PEZ, SANZ FERNANDEZ, SAPENA GRANELL, SARIDAKIS , SARLIS , SBOARINA,SCHLECHTER, SCHLEE, SCHLEICHER, SCHMID, SCHMIDBAUER, SCHODRUCH,SCHONHUBER, SCHWARTZENBERG, SCOTT-HOPKINS , SEAL, SELIGMAN, SIERRA BARDAJÍ,SIMEONI , SIMMONDS , SIMONS , SIMPSON A. , SIMPSON B„ SIS6 CRUELLAS , SMITH A. ,SONNEVELD, SOULIER, SPECIALE, SPENCER, SPERONI , STAES, STAMOULIS, STAVROU,STEWART, STEWART-CLARK, SUAREZ GONZALEZ, TARADASH, TAURAN, TELKÄMPER,THEATO, THYSSEN, TINDEMANS , TITLEY, TOMLINSON, TOPMANN, TRAUTMANN, TRIVELLI ,TSIMAS , TURNER, UKEIWÉ, VALVERDE LÓPEZ, VANDEMEULEBROUCKE, VANHEMELDONCK, VAYSSADE, VAZQUEZ FOUZ, VECCHI , VEIL, van VELZEN, VERBEEK, VERDE IALDEA, VERHAGEN, VERNIER, VERTEMATI , VERWAERDE, VISENTINI , VISSER,VITTINGHOFF, VOHRER, von der VRING , van der WAAL, von WECHMAR, WELSH , WEST,WETTIG, WHITE, WIJSENBEEK, WILSON, von WOGAU, WOLTJER, WURTH-POLFER, WURTZ,WYNN, ZAVVOS .

No C 42/ 138 Official Journal of the European Communities 15.2.93

Wednesday, 20 January 1993

Observers from the former GDRBEREND, BOTZ, GLASE, GÖPEL, HAGEMANN, KAUFMANN, KERTSCHER, KLEIN, KOCH,KOSLER, KREHL, MEISEL, RICHTER, ROMBERG, SCHRÖDER, STOCKMANN, THIETZ, TILLICH.

5.2.93 Official Journal of the European Communities No C 42/139

Wednesday, 20 January 1993

ANNEX

Result of roll-call votes

(+) = For(-) = Against(O) = Abstention

urgencies — Objections

Item V(a)

+

AINARDI, ALAVANOS , ALBER, von ALEMANN, ALEXANDRE, AMARAL, AMENDOLA,ARCHIMBAUD, AVGERINOS, BALFE, BAR6N CRESPO, BARTON, BEAZLEY P. , BELO,BERNARD-REYMOND, BERTENS , BEUMER, BLAK, BLANEY, BÖGE, BOFILL ABEILHE,BOISSIERE, BONDE, BOWE, BRITO, BUCHAN, BURON, de la CÁMARA MARTÍNEZ,CANAVARRO, CARVALHO CARDOSO, CASSIDY, CATHERWOOD, CHABERT, CHEYSSON,CHRISTENSEN F.N. , COATES, COIMBRA MARTINS , COLINO SALAMANCA, COLOM I NAVAL,CORNELISSEN, COT, COX, CRAMPTON, CRAWLEY, da CUNHA OLIVEIRA, DALY, DAVID, DEGIOVANNI, DE PICCOLI , DE VITTO, DÍEZ DE RIVERA ICAZA, DINGUIRARD, ELLIOTT,ESTGEN, FAYOT, FERNÁNDEZ-ALBOR, FITZGERALD, FONTAINE, FORD, FORTE, FRIEDRICH,FRIMAT, FROMENT-MEURICE, FUCHS, GALLAND, GIL-ROBLES GIL-DELGADO,GOEDMAKERS , GREEN, GRONER, GUIDOLIN, GUTIERREZ DÍAZ, HABSBURG,HADJIGEORGIOU, HARRISON, HERMAN, HOLZFUSS , INGLEWOOD, JACKSON Ch.,JARZEMBOWSKI, JENSEN, JEPSEN, KELLETT-BOWMAN, KEPPELHOFF-WIECHERT, KLEPSCH,LAGAKOS , LAMANNA, LAMASSOURE, LAMBRIAS, LANDA MENDIBE, LANGER, LANNOYE,LINKOHR, LLORCA VILAPLANA, LOMAS , LÜTTGE, LULLING, McCARTIN, McCUBBIN,McGOWAN, McINTOSH, McMAHON, MAHER, MAIBAUM, MANTOVANI, MARCK, MENDEZ DEVIGO Y MONTOJO, MENRAD, MERZ, MIRANDA DA SILVA, MIRANDA DE LAGE,MOORHOUSE, MOTTOLA, NEWENS , NEWMAN, NEWTON DUNN, NIELSEN, ONESTA,OOMEN-RUIJTEN, PAGOROPOULOS , PAPAYANNAKIS , PARTSCH, PENDERS, PESMAZOGLOU,PETERS, PIERMONT, PIQUET, PISONI F„ PLANAS PUCHADES , PLUMB, POLLACK, PONS GRAU,PRAG, van PUTTEN, QUISTHOUDT-ROWOHL, RAFFIN, RAWLINGS, REGGE, RIBEIRO, RISKÆRPEDERSEN, ROBLES PIQUER, R0NN, ROSSETTI , ROTHE, SANDBÆK, SANZ FERNANDEZ,SARIDAKIS , SARLIS , SCHWARTZENBERG, SELIGMAN, SIERRA BARDAJÍ, SIMMONDS ,SIMONS, SIMPSON B„ SISÓ CRUELLAS , SMITH A. , SONNEVELD, SPECIALE, SPENCER, STAES ,STEWART, STEWART-CLARK, SUAREZ GONZALEZ, TARADASH, THYSSEN, TITLEY,TOMLINSON, TRIVELLI , TURNER, VALVERDE LOPEZ, VAYSSADE, VAZQUEZ FOUZ, VECCHI ,VERBEEK, VERHAGEN, von der VRING, WEST, WHITE, von WOGAU, WYNN.

-

DILLEN, LE CHEVALLIER, LEHIDEUX, MEDINA ORTEGA, SCHODRUCH, WIJSENBEEK.

(O)

GRUND.

Point V(b)

(+)

AINARDI, ALAVANOS, von ALEMANN, ALEXANDRE, AMARAL, AMENDOLA, ARCHIMBAUD,AVGERINOS , BALFE, BARÓN CRESPO, BARTON, BELO, BERTENS , BLAK, BLANEY, BOFILLABEILHE, BOISSIÈRE, BOWE, BRITO, BUCHAN, BURON, de la CÀMARA MARTÍNEZ,CANAVARRÒ, CHEYSSON, COATES, COIMBRA MARTINS, COLINO SALAMANCA, COLOM INAVAL, COT, COX, CRAMPTON, CRAWLEY, da CUNHA OLIVEIRA, DAVID, DE GIOVANNI, DEPICCOLI , DÍEZ DE RIVERA ICAZA, DINGUIRARD, DUVERGER, ELLIOTT, FAYOT, FORD,FRIMAT, FROMENT-MEURICE, FUCHS, GALLAND, GALLE, GOEDMAKERS , GREEN, GRÒNER,GUTIÉRREZ DÍAZ, HARRISON, HOLZFUSS , JENSEN, LANDA MENDIBE, LANGER, LANNOYE,LINKOHR, LOMAS, LÜTTGE, McCUBBIN, McGOWAN, McMAHON, MAHER, MAIBAUM,MEDINA ORTEGA, MIRANDA DA SILVA, MIRANDA DE LAGE, MITOLO, NEWENS , NEWMAN,NIELSEN, ONESTA, PAGOROPOULOS, PAPAYANNAKIS , PARTSCH, PETERS , PIQUET, PLANASPUCHADES, POLLACK, PONS GRAU, van PUTTEN, RAFFIN, REGGE, RIBEIRO, RISKIERPEDERSEN, R0NN, ROSSETTI, ROTHE, SANDBÆK, SANZ FERNANDEZ, SCHWARTZENBERG,SIERRA BARDAJÍ, SIMONS , SIMPSON B„ SMITH A. , SPECIALE, STAES , STEWART, TITLEY,TOMLINSON, TRIVELLI , VAYSSADE, VAZQUEZ FOUZ, VECCHI , VERBEEK, von der VRING,WEST, WHITE, WYNN.

No C 42/140 Official Journal of the European Communities 15.2 . 93

Wednesday, 20 January 1993

(-)

ALBER, ANASTASSOPOULOS , BEAZLEY C. , BEAZLEY P. , BERNARD-REYMOND, BEUMER,BÖGE, CARVALHO CARDOSO, CASSIDY, CATHERWOOD, CHABERT, CORNELISSEN, DALY,DE VITTO, ESTGEN, FERNÁNDEZ-ALBOR, FITZGERALD, FONTAINE, FRIEDRICH, GIL-ROBLESGIL-DELGADO, GUIDOLIN, HABSBURG, HADJIGEORGIOU, HERMAN, INGLEWOOD,JACKSON Ch., JARZEMBOWSKI , JEPSEN, KELLETT-BOWMAN, KEPPELHOFF-WIECHERT,KLEPSCH, LAGAKOS, LAMANNA, LAMASSOURE, LAMBRIAS , LENZ, LLORCA VILAPLANA,LULLING, McCARTIN, McINTOSH, MARCK, MENDEZ DE VIGO Y MONTOJO, MENRAD, MERZ,MOORHOUSE, NEWTON DUNN, OOMEN-RUIJTEN, PENDERS, PESMAZOGLOU, PISONI F„PLUMB, PRAG, QUISTHOUDT-ROWOHL, RAWLINGS , ROBLES PIQUER, SARIDAKIS , SARLIS,SELIGMAN, SIMMONDS , SIS6 CRUELLAS , SONNEVELD, SPENCER, STEWART-CLARK,SUAREZ GONZALEZ, THYSSEN, TURNER, VALVERDE L6PEZ, VERHAGEN, von WOGAU.

(O)

DILLEN, GRUND, MAZZONE, SCHODRUCH.

Vayssade report (A3-0001/93)

Proposal VI

(+)

ADAM, ALAVANOS , ALBER, von ALEMANN, ALEXANDRE, ALLIOT-MARIE, ÀLVAREZ DE PAZ,AMARAL, AMENDOLA, ANASTASSOPOULOS, ANDRÉ, ANDREWS, ARBELOA MURU,ARCHIMBAUD, AVGERINOS , BAGET BOZZO, BANOTTI , BARÓN CRESPO, BARRERA I COSTA,BARTON, BARZANTI , BEAZLEY C„ BEAZLEY P. , BEIRÔCO, BELO, BERNARD-REYMOND,BERTENS, BETHELL, BETTINI , BETTIZA, BEUMER, BIRD, BLAK, BOCKLET, BÒGE, BOFILLABEILHE, BOISSIÈRE, BOMBARD, BONTEMPI , BOWE, BREYER, BROK, BRU PURÓN, BUCHAN,BURON, CABEZÓN ALONSO, de la CAMARA MARTÍNEZ, CANAVARRO, CANO PINTO,CARNITI , CARVALHO CARDOSO, CASINI , CASSANMAGNAGO CERRETTI , CASSIDY,CATASTA, CATHERWOOD, CAUDRON, CECI , CHABERT, CHANTERIE, CHEYSSON,CHIABRANDO, CINGARI , COATES , COIMBRA MARTINS , COLAJANNI , COLLINS , COLOM INAVAL, CONTU, CORNELISSEN, COT, COX, CRAMON DAIBER, CRAMPTON, CRAVINHO,CRAWLEY, da CUNHA OLIVEIRA, DALSASS, DALY, DAVID, DE CLERCQ, DEFRAIGNE, DEGIOVANNI, DELCROIX, DENYS , DEPREZ, DESAMA, DESMOND, DE VITTO, de VRIES, DÍEZ DERIVERA ICAZA, van DIJK, DINGUIRARD, DOMINGO SEGARRA, DONNELLY, DOUSTE-BLAZY,DUARTE CENDÁN, DUHRKOP DUHRKOP, DURY, DUVERGER, ELLES , ELLIOTT, ERNST de laGRAETE, ESCUDERO, ESTGEN, FALCONER, FALQUI , FANTINI , FANTUZZI , FAYOT,FERNÁNDEZ-ALBOR, FERRER, FITZSIMONS , FLORENZ, FONTAINE, FORD, FORTE, FRÉMION,FRIEDRICH, FRIMAT, FUNK, GALLAND, GALLE, GALLENZI , GARCIA, GARCÍA AMIGO,GASÒLIBA I BÖHM, GERAGHTY, GIL-ROBLES GIL-DELGADO, GISCARD d'ESTAING, GLINNE,GOEDMAKERS, GORLACH, GONZALES ALVAREZ, GREEN, GRÒNER, HABSBURG,HADJIGEORGIOU, HÀNSCH, HAPPART, HARRISON, HERMAN, HERVÉ, HINDLEY, HOFF,HOLZFUSS , HOPPENSTEDT, HUGHES, IMBENI , INGLEWOOD, ISLER BEGUIN, IZQUIERDOROJO, JACKSON Ca., JACKSON Ch„ JANSSEN van RAAY, JARZEMBOWSKI, JENSEN,KELLETT-BOWMAN, KEPPELHOFF-WIECHERT, KLEPSCH, KOFOED, KUHN, LAGAKOS,LALOR, LAMANNA, LAMBRIAS , LANE, LANGER, LANGES , LANNOYE, LARIVE, LARONI ,LATAILLADE, LAUGA, LEMMER, LENZ, LINKOHR, LLORCA VILAPLANA, LO GIUDICE,LOMAS , LÜTTGE, LULLING, McCUBBIN, McGOWAN, McINTOSH, McMILLAN-SCOTT,MAGNANI NOYA, MAHER, MAIBAUM, de la MALÈNE, MANTOVANI, MARINHO, MARTIN D„MATTINA, MEDINA ORTEGA, MEGAHY, MENDES BOTA, MENDEZ DE VIGO Y MONTOJO,MENRAD, MERZ, METTEN, MIHR, MIRANDA DA SILVA, MIRANDA DE LAGE, MITOLO,MOORHOUSE, MORAN LÓPEZ, MOTTOLA, MULLER Gerd, MUNTINGH, MUSSO,NAPOLETANO, NAVARRO, NEWENS , NEWMAN, NEWTON DUNN, NIANIAS, NICHOLSON,NIELSEN, ODDY, ONESTA, ONUR, OOMEN-RUIJTEN, OOSTLANDER, ORTIZ CLIMENT, PACK,PAGOROPOULOS , PAPAYANNAKIS , PAPOUTSIS , PARODI, PARTSCH, PASTY, PATTERSON,PEIJS , PEREIRA, PERY, PESMAZOGLOU, PETER, PETERS, PIECYK, PIERROS , PIMENTA,PIQUET, PISONI F. , PISONI N„ PLANAS PUCHADES , PLUMB, POETTERING, POLLACK, PONSGRAU, PORTO, PRAG, PRICE, PRONK, PUERTA, van PUTTEN, QUISTHOUDT-ROWOHL,QUISTORP, RAFFIN , RAMÍREZ HEREDIA, READ, REDING, REGGE, RIBEIRO, RISKIERPEDERSEN, ROBLES PIQUER, R0NN, ROGALLA, ROMEOS, ROMERA I ALCÀZAR, ROSMINI,ROTH-BEHRENDT, ROTHE, ROTHLEY, ROUMELIOTIS , RUIZ-GIMÉNEZ AGUILAR, SÄLZER,SALISCH, SANTOS , SANZ FERNÀNDEZ, SAPENA GRANELL, SARIDAKIS , SARLIS , SBOARINA,SCHLECHTER, SCHLEICHER, SCHMID, SCHWARTZENBERG, SCOTT-HOPKINS , SEAL,SELIGMAN, SIERRA BARDAJÍ, SIMMONDS, SIMONS , SIMPSON A. , SIMPSON B. , SISÓCRUELLAS , SMITH A. , SONNEVELD, SPENCER, STAVROU, STEWART, STEWART-CLARK,SUAREZ GONZALEZ, THEATO, THYSSEN, TINDEMANS, TITLEY, TOMLINSON, TOPMANN,TRAUTMANN, TSIMAS , TURNER, UKEIWÉ, VALVERDE LÓPEZ, VAN HEMELDONCK,

15.2.93 Official Journal of the European Communities No C 42/ 141

Wednesday, 20 January 1993

VAYSSADE, VECCHI , VEIL, van VELZEN, VERDE I ALDEA, VERHAGEN, VERTEMATI , VISSER,VITTINGHOFF, von der VRING, von WECHMAR, WELSH, WEST, WETTIG, WHITE, WIJSENBEEK,WILSON, von WOGAU, WOLTJER, WYNN, ZAVVOS .

(-)

GRUND, RUBERT DE VENT6S, SCHLEE.

(O)

BLOT, BRITO, DESSYLAS , DILLEN, GOLLNISCH, KOHLER K.P. , LE CHEVALLIER, LEHIDEUX,LE PEN, MALANGRE, MARTINEZ, NEUBAUER, PIRKL, SCHODRUCH, SCHÖNHUBER, TAURAN.

Resolution

(+)

ALAVANOS, ALBER, von ALEMANN, ALLIOT-MARIE, ALVAREZ DE PAZ,ANASTASSOPOULOS, ANDRÉ, ARBELOA MURU, ARCHIMBAUD, AVGERINOS, BAGETBOZZO, BANOTTI , BARÓN CRESPO, BARRERA I COSTA, BEAZLEY C. , BEAZLEY P. , BEIRÔCO,BELO, BERNARD-REYMOND, BERTENS , BETHELL, BETTINI , BEUMER, BIRD, BLAK, BLANEY,BOCKLET, BÒGE, BOFILL ABEILHE, BOISSIERE, BOMBARD, BOURLANGES , BOWE, BROK,BRU PURÓN, BUCHAN, BURON, CABEZÓN ALONSO, de la CÀMARA MARTÌNEZ, CANAVARRÒ,CANO PINTO, CAPUCHO, CARNITI , CARVALHO CARDOSO, CASINI , CASSANMAGNAGOCERRETTI , CASSIDY, CATHERWOOD, CAUDRON, CECI , CHABERT, CHANTERIE, CHEYSSON,CHIABRANDO, CINGARI , COATES, COIMBRA MARTINS, COLAJANNI, COLLINS, COLOM INAVAL, CONTU, CORNELISSEN, COT, COX, CRAMON DAIBER, CRAMPTON, CRAVINHO,CRAWLEY, da CUNHA OLIVEIRA, DALSASS , DALY, DAVID, DEFRAIGNE, DE GIOVANNI,DELCROIX, DENYS, DEPREZ, DESAMA, DESMOND, DE VITTO, de VRIES , DÍEZ DE RIVERAICAZA, van DIJK, DINGUIRARD, DOMINGO SEGARRA, DONNELLY, DOUSTE-BLAZY, DUARTECENDÁN, DUHRKOP DÙHRKOP, DURY, DUVERGER, ELLES, ELLIOTT, ERNST de la GRAETE,ESCUDERO, ESTGEN, FALCONER, FALQUI , FANTINI , FANTUZZI , FAYOT,FERNÁNDEZ-ALBOR, FERRER, FONTAINE, FORD, FORTE, FRÉMION, FRIEDRICH, FRIMAT,GALLAND, GALLE, GALLENZI , GARCIA, GARCÍA ARIAS , GASÒLIBA I BÖHM, GERAGHTY,GIL-ROBLES GIL-DELGADO, GISCARD d'ESTAING, GOEDMAKERS , GONZALES ALVAREZ,GREEN, GRÒNER, HABSBURG, HADJIGEORGIOU, HÀNSCH, HAPPART, HARRISON, HERMAN,HERVÉ, HINDLEY, HOLZFUSS, HOPPENSTEDT, HOWELL, HUGHES , IMBENI , INGLEWOOD,IZQUIERDO ROJO, JACKSON Ca., JARZEMBOWSKI, JENSEN, JEPSEN, KELLETT-BOWMAN,KEPPELHOFF-WIECHERT, KÖHLER H. , KOFOED, KOSTOPOULOS , KUHN, LAGAKOS , LALOR,LAMANNA, LAMBRIAS, LANE, LANGER, LANNOYE, LARIVE, LARONI, LATAILLADE, LAUGA,LEMMER, LENZ, LINKOHR, LLORCA VILAPLANA, LOMAS, LÜTTGE, LULLING, McCUBBIN,McGOWAN, McINTOSH, McMAHON, MAGNANI NOYA, MAHER, MAIBAUM, de la MALÈNE,MANTOVANI, MARINHO, MARTIN D„ MATTINA, MEDINA ORTEGA, MEGAHY, MENDESBOTA, MENDEZ DE VIGO Y MONTOJO, MENRAD, MERZ, METTEN, MIHR, MIRANDA DASILVA, MIRANDA DE LAGE, MITOLO, MOORHOUSE, MORAN LÓPEZ, MOTTOLA, MULLERGerd, MUNTINGH, MUSSO, NAVARRO, NEWENS , NEWMAN, NEWTON DUNN, NIANIAS ,NIELSEN, ODDY, ONESTA, ONUR, OOMEN-RUIJTEN, OOSTLANDER, ORTIZ CLIMENT,PAGOROPOULOS , PAPAYANNAKIS, PAPOUTSIS, PARODI , PARTSCH, PASTY, PATTERSON,PEIJS , PEREIRA, PERY, PESMAZOGLOU, PETER, PETERS , PIERROS , PIMENTA, PIQUET, PISONIF. , PISONI N. , PLANAS PUCHADES, PLUMB, POETTERING, POLLACK, PONS GRAU, PORTO,PRAG, PRICE, PRONK, PROUT, PUERTA, van PUTTEN, QUISTHOUDT-ROWOHL, QUISTORP,RAMÍREZ HEREDIA, RANDZIO-PLATH, REDING, REGGE, RIBEIRO, RISKÆR PEDERSEN,R0NN, ROGALLA, ROMEOS , ROMERA I ALCÀZAR, ROSMINI , ROTH-BEHRENDT, ROTHE,ROTHLEY, ROUMELIOTIS , RUIZ-GIMÉNEZ AGUILAR, SALISCH, SANDBÆK, SANTOS, SANZFERNÀNDEZ, SAPENA GRANELL, SARIDAKIS , SARLIS, SBOARINA, SCHLECHTER,SCHLEICHER, SCHMID, SCHWARTZENBERG, SCOTT-HOPKINS, SEAL, SELIGMAN, SIERRABARDAJÍ, SIMMONDS , SIMONS, SIMPSON A. , SIMPSON B. , SISÓ CRUELLAS, SMITH A. ,SONNEVELD, STAVROU, STEWART, STEWART-CLARK, SUÀREZ GONZÁLEZ, THEATO,THYSSEN, TINDEMANS, TITLEY, TOMLINSON, TOPMANN, TRAUTMANN, TSIMAS, TURNER,UKEIWÉ, VALVERDE LÓPEZ, VAYSSADE, VECCHI , VEIL, van VELZEN, VERDE I ALDEA,VERHAGEN, VERTEMATI , VITTINGHOFF, von der VRING, WELSH, WEST, WETTIG, WHITE,WIJSENBEEK, WILSON, von WOGAU, WOLTJER, WYNN.

(-)

GRUND, SCHLEE.

No C 42/142 Official Journal of the European Communities 15 . 2.93

Wednesday, 20 January 1993

(O)

ANTONY, BLOT, DE CLERCQ, DESSYLAS, DILLEN, GLINNE, GOLLNISCH, HOFF, KOHLER K.P. ,LE CHEVALLIER, LEHIDEUX, LE PEN, MARTINEZ, NEUBAUER, PIRKL, SCHÖNHUBER,TAURAN.

Hansen report (A3-0189/92)

Amendment No 2

(+)

ALLIOT-MARIE, ANDREWS, BARRERA I COSTA, BELO, BERTENS, BETTINI , BLAK, BOISSIERE,BONDE, BURON, CHRISTENSEN I. , DESSYLAS , van DIJK, DINGUIRARD, ERNST de la GRAETE,FALQUI, FAYOT, FITZSIMONS , GERAGHTY, GONZALES ALVAREZ, JENSEN, LALOR, LANE,LANGER, LATAILLADE, LAUGA, de la MALÈNE, MELIS , MORETTI , MUSSO, NIANIAS , ONESTA,PASTY , QUISTORP, RAFFIN, ROSMINI , SANDB/EK, SCHLEICHER, UKEIWÉ, VANHEMELDONCK, VISSER .

-

ALBER, ALVAREZ DE PAZ, AMARAL, ANDRE, ARBELOA MURU, AVGERINOS , BAGET BOZZO,BANOTTI , BARÓN CRESPO, BARZANTI , BEAZLEY C. , BEAZLEY P. , BEIRÔCO,BERNARD-REYMOND, BETHELL, BEUMER, BINDI , BIRD, BLANEY, BLOT, BOCKLET, BOFILLABEILHE, BOMBARD, BONTEMPI , BORGO, BOURLANGES, BOWE, BRAUN-MOSER, BRUPURÓN, BUCHAN, CABEZÓN ALONSO, de la CÀMARA MARTÍNEZ, CANO PINTO, CAPUCHO,CARNITI , CARVALHO CARDOSO, CASINI , CASSANMAGNAGO CERRETTI , CASSIDY,CATASTA, CATHERWOOD, CAUDRON, CHABERT, CHANTERIE, CHEYSSON, CHIABRANDO,CINGARI , COATES , COIMBRA MARTINS , COLAJANNI, COLLINS , COLOM I NAVAL, CONTU,CORNELISSEN , COT, COX, CRAMPTON, CRAWLEY, da CUNHA OLIVEIRA, DALSASS, DALY,DAVID, DE CLERCQ, DEFRAIGNE, DE GIOVANNI , DELCROIX, DENYS, DEPREZ, DESAMA,DESMOND, DE VITTO, DÍEZ DE RIVERA ICAZA, DILLEN, DOMINGO SEGARRA, DONNELLY,DOUSTE-BLAZY, DUARTE CENDÁN, DUHRKOP DÙHRKOP, DURY, DUVERGER, ELLES,ELLIOTT, ESCUDERO, ESTGEN, FALCONER, FANTINI , FANTUZZI , FERNÁNDEZ-ALBOR,FORTE, FRIEDRICH, FRIMAT, GALLAND, GALLE, GARCIA, GARCÍA AMIGO, GARCÍA ARIAS ,GIL-ROBLES GIL-DELGADO, GOEDMAKERS , GÖRLACH, GOLLNISCH, GREEN, GRÒNER,GRUND, GUIDOLIN, HABSBURG, HADJIGEORGIOU, HÀNSCH, HARRISON, HERMAN, HERVÉ,HINDLEY, HOFF, HOLZFUSS , HOPPENSTEDT, HOWELL, HUGHES , IACONO, INGLEWOOD,IZQUIERDO ROJO, JACKSON Ca„ JACKSON Ch„ JANSSEN van RAAY, JEPSEN,KELLETT-BOWMAN, KEPPELHOFF-WIECHERT, KÖHLER H„ KÖHLER K.P. , KOFOED, KUHN,LAGAKOS, LAMANNA, LANGES, LARIVE, LARONI, LEHIDEUX, LENZ, LINKOHR, LLORCAVILAPLANA, LO GIUDICE, LOMAS , LÜTTGE, LULLING, McCUBBIN, McGOWAN, McINTOSH,McMAHON, McMILLAN-SCOTT, MAGNANI NOYA, MAHER, MAIBAUM, MALANGRÉ,MANTOVANI , MARINHO, MARQUES MENDES , MARTIN D„ MARTINEZ, MATTINA, MEDINAORTEGA, MEGAHY, MENDES BOTA, MENDEZ DE VIGO Y MONTOJO, MENRAD, MERZ,METTEN, MIHR, MIRANDA DE LAGE, MORAN LÓPEZ, MOTTOLA, MULLER Gerd, MUNTINGH,NAPOLETANO, NEUBAUER, NEWENS, NEWMAN, NEWTON DUNN, NICHOLSON, NIELSEN,NORDMANN, ODDY, ONUR, OOMEN-RUIJTEN, OOSTLANDER, ORTIZ CLIMENT, PACK,PAGOROPOULOS , PAPOUTSIS , PARODI , PARTSCH, PATTERSON, PEIJS , PEREIRA, PERY,PESMAZOGLOU, PETER, PETERS, PIERROS, PIMENTA, PIRKL, PISONI F. , PISONI N„ PLANASPUCHADES , PLUMB, POLLACK, PONS GRAU, PRAG, PRICE, PRONK, PROUT, PUERTA, vanPUTTEN, QUISTHOUDT-ROWOHL, RAMIREZ HEREDIA, RAWLINGS , READ, REDING, REGGE,ROBLES PIQUER, ROGALLA, ROMEOS , ROMERA I ALCÀZAR, ROTH-BEHRENDT, ROTHE,ROUMELIOTIS , RUBERT DE VENTÓS, RUIZ-GIMÉNEZ AGUILAR, SÄLZER, SALISCH,SAMLAND, SANTOS , SANZ FERNANDEZ, SAPENA GRANELL, SARIDAKIS, SARLIS,SBOARINA, SCHLECHTER, SCHLEE, SCHMID, SCHODRUCH, SCHÖNHUBER,SCHWARTZENBERG, SELIGMAN, SIERRA BARDAJÍ, SIMMONDS , SIMONS , SIMPSON A. , SISÓCRUELLAS , SMITH A. , SONNEVELD, SPENCER, STAVROU, STEWART-CLARK, SUAREZGONZALEZ, THEATO, THYSSEN, TINDEMANS , TITLEY, TOMLINSON, TOPMANN,TRAUTMANN, TSIMAS , TURNER, VALVERDE LÓPEZ, VAYSSADE, VEIL, van VELZEN, VERDE IALDEA, VERTEMATI , VITTINGHOFF, von der VRING, van der WAAL, von WECHMAR, WELSH,WEST, WETTIG, WHITE, WIJSENBEEK, WILSON, von WOGAU, WOLTJER, WYNN, ZAVVOS .

(O)

BARTON: BRITO, CANAVARRO, CRAVINHO, EWING, VECCHI .

15.2.93 No C 42/143Official Journal of the European Communities

Wednesday, 20 January 1993

Paragraph 35

(+)

ALBER, von ALEMANN, ALVAREZ DE PAZ, ANDRE, ANDREWS, ARBELOA MURU,ARCHIMBAUD, AVGERINOS, BAGET BOZZO, BANOTTI , BARTON, BARZANTI , BEAZLEY C. ,BEAZLEY P. , BEIRÔCO, BELO, BERNARD-REYMOND, BERTENS , BETHELL, BETTINI ,BEUMER, BINDI , BIRD, BOCKLET, BÒGE, BOFILL ABEILHE, BOISSIERE, BOMBARD,BONTEMPI , BORGO, BOURLANGES , BOWE, BRAUN-MOSER, BROK, BRU PURÓN, BUCHAN,CABEZÓN ALONSO, de la CÀMARA MARTÍNEZ, CANO PINTO, CARNITI , CARVALHOCARDOSO, CASINI , CASSANMAGNAGO CERRETTI , CASSIDY, CATHERWOOD, CAUDRON,CECI , CHABERT, CHANTERIE, CHEYSSON, CHIABRANDO, CINGARI , COATES, COIMBRAMARTINS, COLAJANNI, COLINO SALAMANCA, COLLINS, COLOM I NAVAL, CONTU,CORNELISSEN, COT, COX, CRAMON DAIBER, CRAMPTON, CRAVINHO, CRAWLEY, DALSASS ,DALY, DAVID, DEFRAIGNE, DE GIOVANNI, DELCROIX, DEPREZ, DESAMA, DESMOND, DEVITTO, DÍEZ DE RIVERA ICAZA, van DIJK, DINGUIRARD, DONNELLY, DOUSTE-BLAZY,DUARTE CENDÁN, DUHRKOP DÙHRKOP, DURY, DUVERGER, ELLES, ELLIOTT, ESCUDERO,ESTGEN, FALCONER, FALQUI, FANTINI , FERNÁNDEZ-ALBOR, FERRER, FONTAINE, FORTE,FRÉMION, FRIEDRICH, FRIMAT, GALLAND, GALLE, GARCÌA AMIGO, GASÒLIBA I BÖHM,GERAGHTY, GIL-ROBLES GIL-DELGADO, GISCARD d'ESTAING, GOEDMAKERS , GÖRLACH,GONZALES ALVAREZ, GREEN, GRÒNER, GUIDOLIN, HABSBURG, HADJIGEORGIOU,HÀNSCH, HAPPART, HARRISON, HERMAN, HERVÉ, HINDLEY, HOFF, HOPPENSTEDT,HOWELL, HUGHES, IACONO, INGLEWOOD, IZQUIERDO ROJO, JACKSON Ca„ JACKSON Ch„KELLETT-BOWMAN, KEPPELHOFF-WIECHERT, KLEPSCH, KOFOED, KUHN, LALOR,LAMANNA, LAMBRIAS, LANE, LANGENHAGEN, LANGER, LANGES, LANNOYE, LARIVE,LARONI, LENZ, LINKOHR, LLORCA VILAPLANA, LO GIUDICE, LOMAS, LÜTTGE, LUSTER,McCUBBIN, McGOWAN, McINTOSH, McMAHON, McMILLAN-SCOTT, MAGNANI NOYA,MAHER, MAIBAUM, MANTOVANI, MARINHO, MARTIN D„ MATTINA, MEDINA ORTEGA,MELIS , MENDES BOTA, MENDEZ DE VIGO Y MONTOJO, MENRAD, MERZ, METTEN, MIHR,MIRANDA DE LAGE, MOORHOUSE, MOTTOLA, MULLER Gerd, MUNTINGH, NEWENS ,NEWMAN, NEWTON DUNN, NICHOLSON, ODDY, ONESTA, ONUR, OOMEN-RUIJTEN,OOSTLANDER, ORTIZ CLIMENT, PACK, PAGOROPOULOS, PARODI , PARTSCH, PATTERSON,PEIJS , PEREIRA, PERY, PESMAZOGLOU, PETER, PETERS , PIECYK, PIRKL, PISONI F. , PISONI N. ,PLANAS PUCHADES , PLUMB, POLLACK, PONS GRAU, PRAG, PRICE, PRONK, PROUT, PUERTA,QUISTHOUDT-ROWOHL, QUISTORP, RAFFIN, RAMÍREZ HEREDIA, READ, REDING, REGGE,ROBLES PIQUER, ROGALLA, ROMERA I ALCÀZAR, ROSMINI , ROTH-BEHRENDT, ROTHE,RUBERT DE VENTÓS, RUIZ-GIMÉNEZ AGUILAR, SABY, SÄLZER, SALISCH, SAMLAND,SANTOS, SANZ FERNÀNDEZ, SAPENA GRANELL, SARLIS , SBOARINA, SCHLECHTER,SCHLEICHER, SCHMID, SCOTT-HOPKINS, SELIGMAN, SIERRA BARDAJÍ, SIMMONDS,SIMONS , SIMPSON A. , SIMPSON B„ SISÓ CRUELLAS, SMITH A. , SONNEVELD, STAMOULIS ,STAVROU, STEWART, STEWART-CLARK, SUÀREZ GONZÁLEZ, THEATO, THYSSEN,TINDEMANS, TITLEY, TOMLINSON, TOPMANN, TRAUTMANN, TURNER, VALVERDE LÓPEZ,VAYSSADE, VÀZQUEZ FOUZ, VECCHI , VEIL, van VELZEN, VERDE I ALDEA, VERHAGEN,VERTEMATI, VISSER, VITTINGHOFF, von der VRING, von WECHMAR, WELSH, WEST, WETTIG,WHITE, WIJSENBEEK, WILSON, von WOGAU, WOLTJER, WYNN.

-

ANTONY, BLAK, BLOT, BRITO, DILLEN, GRUND, HOLZFUSS, KOHLER H„ KOHLER K.P. ,LATAILLADE, LEHIDEUX, de la MALENE, MARTINEZ, NEUBAUER, PASTY, SCHLEE,SCHODRUCH, SCHÖNHUBER, van der WAAL.

(O)

AMARAL, BLANEY, CAPUCHO, DESSYLAS, GARCIA, JEPSEN, LULLING, PIERROS , PORTO, vanPUTTEN, UKEIWÉ, VAN HEMELDONCK.

Resolution

(+)

ALBER, ALVAREZ DE PAZ, ANDREWS, BANOTTI , BARTON, BARZANTI , BEAZLEY C. ,BEAZLEY P. , BERNARD-REYMOND, BEUMER, BINDI , BIRD, BOCKLET, BÒGE, BOFILLABEILHE, BONTEMPI , BOURLANGES, BOWE, BRAUN-MOSER, BROK, BRU PURÓN, BUCHAN,BURON, CABEZÓN ALONSO, de la CÀMARA MARTÍNEZ, CANO PINTO, CASSANMAGNAGOCERRETTI , CATHERWOOD, CAUDRON, CECI , CHANTERIE, CINGARI , COATES, COLINOSALAMANCA, COLLINS , COLOM I NAVAL, CONTU, CORNELISSEN, COT, CRAMPTON,CRAWLEY, DALSASS, DALY, DAVID, DE GIOVANNI, DELCROIX, DENYS , DE PICCOLI ,DEPREZ, DESMOND, DE VITTO, DIDO', DOMINGO SEGARRA, DUARTE CENDÁN, DUHRKOPDUHRKOP, DURY, DUVERGER, ELLIOTT, ESCUDERO, FALCONER, FANTINI , FANTUZZI ,

No C 42/144 Official Journal of the European Communities 15.2 . 93

Wednesday, 20 January 1993

FERNÁNDEZ-ALBOR, FERRER, FITZGERALD, FORD, FRIEDRICH, FRIMAT, GALLE, GARCÍAARIAS , GIL-ROBLES GIL-DELGADO, GISCARD d'ESTAING, GOEDMAKERS, GORLACH,GREEN, GRONER, GUIDOLIN, HABSBURG, HANSCH, HAPPART, HARRISON, HERMAN,HERVÉ, HINDLEY, HOFF, HOPPENSTEDT, HUGHES , INGLEWOOD, IZQUIERDO ROJO,JACKSON Ca„ JACKSON Ch., JANSSEN van RAAY, KELLETT-BOWMAN,KEPPELHOFF-WIECHERT, KILLILEA, KLEPSCH, KÖHLER H„ KUHN, LALOR, LANE,LANGENHAGEN, LANGES , LARONI , LENZ, LO GIUDICE, LOMAS , LÜTTGE, McCUBBIN,McGOWAN, McINTOSH, McMILLAN-SCOTT, MAGNANI NOYA, MAIBAUM, MANTOVANI,MARTIN D. , MATTINA, MEDINA ORTEGA, MEGAHY, MENDEZ DE VIGO Y MONTOJO,MENRAD, METTEN, MIHR, MIRANDA DE LAGE, MOTTOLA, MULLER Gerd, MUNTINGH,NAPOLETANO, NEWENS , NEWMAN, NEWTON DUNN, NICHOLSON, ODDY, ONUR,OOMEN-RUIJTEN, PACK, PAGOROPOULOS , PATTERSON, PEIJS , PENDERS, PERY, PETERS ,PIECYK, PISONI F„ PLANAS PUCHADES , PLUMB, POLLACK, PONS GRAU, PRAG, PROUT,QUISTHOUDT-ROWOHL, RAMÍREZ HEREDIA, READ, ROBLES PIQUER, ROGALLA, ROMERA IALCAZAR, ROSMINI , ROTH-BEHRENDT, ROTHE, RUBERT DE VENTÓS , SÄLZER, SALISCH,SAMLAND, SANZ FERNANDEZ, SBOARINA, SCHLEICHER, SCHMID, SCHWARTZENBERG,SCOTT-HOPKINS , SELIGMAN, SIERRA BARDAJÍ, SIMMONDS, SIMONS, SIMPSON A. , SIMPSONB. , SIS6 CRUELLAS , SMITH A. , SONNEVELD, SPECIALE, STAMOULIS, STEWART, THEATO,THYSSEN, TINDEMANS, TITLEY, TOMLINSON, TOPMANN, TURNER, VAYSSADE, VAZQUEZFOUZ, VECCHI , van VELZEN, VERDE I ALDEA, VERHAGEN, VERTEMATI , VITTINGHOFF, vonder VRING, WELSH, WEST, WETTIG, WHITE, WILSON, von WOGAU, WOLTJER, WYNN.

(-)ALAVANOS, ALLIOT-MARIE, AMARAL, ANDRÉ, ARBELOA MURU, BEIRÔCO, BELO,BERTENS, BJ0RNVIG, BLAK, BLOT, BONDE, BRITO, CAPUCHO, CARVALHO CARDOSO,CHRISTENSEN I. , COIMBRA MARTINS , COX, CRAVINHO, da CUNHA OLIVEIRA, DE CLERCQ,DEFRAIGNE, DESAMA, DESSYLAS, de VRIES , DILLEN, ELMALAN, ERNST de la GRAETE,ESTGEN, FAYOT, GAIBISSO, GALLAND, GARCIA, GASÒLIBA I BÖHM, GOLLNISCH, GRUND,HOLZFUSS, JENSEN, JEPSEN, KÖHLER K.P. , KOSTOPOULOS, LARIVE, LATAILLADE, LAUGA,LE CHEVALLIER, LE PEN, LULLING, MAHER, de la MALÈNE, MARINHO, MARQUES MENDES ,MARTINEZ, MENDES BOTA, MIRANDA DA SILVA, MUSSO, NAVARRO, NEUBAUER, NIANIAS,NIELSEN, NORDMANN, PARTSCH, PASTY, PEREIRA, PIERMONT, PIMENTA, PIQUET, PORTO,REDING, R0NN, RUIZ-GIMÉNEZ AGUILAR, SANDB/EK, SANTOS , SARIDAKIS, SCHLECHTER,SCHLEE, SCHODRUCH, SCHÖNHUBER, STEWART-CLARK, SUAREZ GONZALEZ, VALVERDELÓPEZ, VAN HEMELDONCK, VEIL, van der WAAL, von WECHMAR, WIJSENBEEK, ZAVVOS .

(O)von ALEMANN, ARCHIMBAUD, BARRERA I COSTA, BETTINI , BLANEY, BOISSIERE,CANAVARRO, CHABERT, DÍEZ DE RIVERA ICAZA, van DIJK, DINGUIRARD, EWING,FONTAINE, FRÉMION, GERAGHTY, HADJIGEORGIOU, LAGAKOS , LAMANNA, LANGER,LANNOYE, MERZ, MORETTI, ONESTA, PARODI, PESMAZOGLOU, PIERROS, PISONI N. , vanPUTTEN, QUISTORP, RAWLINGS, ROUMELIOTIS , SABY, SARLIS, SPENCER, STAVROU,VISSER.