Resumption of the session
I declare resumed the session of the European Parliament adjourned on Friday 17 December 1999, and I would like once again to wish you a happy new year in the hope that you enjoyed a pleasant festive period.
Although, as you will have seen, the dreaded 'millennium bug' failed to materialise, still the people in a number of countries suffered a series of natural disasters that truly were dreadful.
You have requested a debate on this subject in the course of the next few days, during this part-session.
In the meantime, I should like to observe a minute' s silence, as a number of Members have requested, on behalf of all the victims concerned, particularly those of the terrible storms, in the various countries of the European Union.
Please rise, then, for this minute' s silence.
(The House rose and observed a minute' s silence)
Madam President, on a point of order.
You will be aware from the press and television that there have been a number of bomb explosions and killings in Sri Lanka.
One of the people assassinated very recently in Sri Lanka was Mr Kumar Ponnambalam, who had visited the European Parliament just a few months ago.
Would it be appropriate for you, Madam President, to write a letter to the Sri Lankan President expressing Parliament's regret at his and the other violent deaths in Sri Lanka and urging her to do everything she possibly can to seek a peaceful reconciliation to a very difficult situation?
Yes, Mr Evans, I feel an initiative of the type you have just suggested would be entirely appropriate.
If the House agrees, I shall do as Mr Evans has suggested.
Madam President, on a point of order.
I would like your advice about Rule 143 concerning inadmissibility.
My question relates to something that will come up on Thursday and which I will then raise again.
The Cunha report on multiannual guidance programmes comes before Parliament on Thursday and contains a proposal in paragraph 6 that a form of quota penalties should be introduced for countries which fail to meet their fleet reduction targets annually. It says that this should be done despite the principle of relative stability.
I believe that the principle of relative stability is a fundamental legal principle of the common fisheries policy and a proposal to subvert it would be legally inadmissible. I want to know whether one can raise an objection of that kind to what is merely a report, not a legislative proposal, and whether that is something I can competently do on Thursday.
That is precisely the time when you may, if you wish, raise this question, i.e. on Thursday prior to the start of the presentation of the report.
Madam President, coinciding with this year' s first part-session of the European Parliament, a date has been set, unfortunately for next Thursday, in Texas in America, for the execution of a young 34 year-old man who has been sentenced to death. We shall call him Mr Hicks.
At the request of a French Member, Mr Zimeray, a petition has already been presented, which many people signed, including myself. However, I would ask you, in accordance with the line which is now constantly followed by the European Parliament and by the whole of the European Community, to make representations, using the weight of your prestigious office and the institution you represent, to the President and to the Governor of Texas, Mr Bush, who has the power to order a stay of execution and to reprieve the condemned person.
This is all in accordance with the principles that we have always upheld.
Thank you, Mr Segni, I shall do so gladly.
Indeed, it is quite in keeping with the positions this House has always adopted.
Madam President, I should like to draw your attention to a case in which this Parliament has consistently shown an interest. It is the case of Alexander Nikitin.
All of us here are pleased that the courts have acquitted him and made it clear that in Russia, too, access to environmental information is a constitutional right.
Now, however, he is to go before the courts once more because the public prosecutor is appealing.
We know, and we have stated as much in very many resolutions indeed, including specifically during the last plenary part-session of last year, that this is not solely a legal case and that it is wrong for Alexander Nikitin to be accused of criminal activity and treason because of our involvement as the beneficiaries of his findings.
These findings form the basis of the European programmes to protect the Barents Sea, and that is why I would ask you to examine a draft letter setting out the most important facts and to make Parliament's position, as expressed in the resolutions which it has adopted, clear as far as Russia is concerned.
Yes, Mrs Schroedter, I shall be pleased to look into the facts of this case when I have received your letter.
Madam President, I would firstly like to compliment you on the fact that you have kept your word and that, during this first part-session of the new year, the number of television channels in our offices has indeed increased considerably.
But, Madam President, my personal request has not been met.
Although there are now two Finnish channels and one Portuguese one, there is still no Dutch channel, which is what I had requested because Dutch people here like to be able to follow the news too when we are sent to this place of exile every month.
I would therefore once more ask you to ensure that we get a Dutch channel as well.
Mrs Plooij-van Gorsel, I can tell you that this matter is on the agenda for the Quaestors' meeting on Wednesday.
It will, I hope, be examined in a positive light.
Madam President, can you tell me why this Parliament does not adhere to the health and safety legislation that it actually passes?
Why has no air quality test been done on this particular building since we were elected?
Why has there been no Health and Safety Committee meeting since 1998?
Why has there been no fire drill, either in the Brussels Parliament buildings or the Strasbourg Parliament buildings?
Why are there no fire instructions?
Why have the staircases not been improved since my accident?
Why are no-smoking areas not enforced?
It seems absolutely disgraceful that we pass legislation and do not adhere to it ourselves.
Mrs Lynne, you are quite right and I shall check whether this has actually not been done.
I shall also refer the matter to the College of Quaestors, and I am certain that they will be keen to ensure that we comply with the regulations we ourselves vote on.
Madam President, Mrs Díez González and I had tabled questions on certain opinions of the Vice-President, Mrs de Palacio, which appeared in a Spanish newspaper.
The competent services have not included them in the agenda on the grounds that they had been answered in a previous part-session.
I would ask that they reconsider, since this is not the case.
The questions answered previously referred to Mrs de Palacio' s intervention, on another occasion, and not to these comments which appeared in the ABC newspaper on 18 November.
Mr Berenguer Fuster, we shall check all this.
I admit that, at present, the matter seems to be somewhat confused.
We shall therefore look into it properly to ensure that everything is as it should be.
Madam President, I should like to know if there will be a clear message going out from Parliament this week about our discontent over today's decision refusing to renew the arms embargo on Indonesia, considering that the vast majority in this Parliament have endorsed the arms embargo in Indonesia in the past?
Today's decision not to renew the embargo is extremely dangerous considering the situation there.
So Parliament should send a message, since that is the wish of the vast majority.
It is irresponsible of EU Member States to refuse to renew the embargo.
As people have said, the situation there is extremely volatile. There is, in fact, a risk of a military coup in the future.
We do not know what is happening. So why should EU arms producers profit at the expense of innocent people?
In any event, this question is not presently included among the requests for topical and urgent debate on Thursday.
Agenda
Madam President, the presentation of the Prodi Commission' s political programme for the whole legislature was initially a proposal by the Group of the Party of European Socialists which was unanimously approved by the Conference of Presidents in September and which was also explicitly accepted by President Prodi, who reiterated his commitment in his inaugural speech.
This commitment is important because the Commission is a body with a monopoly of initiative in accordance with the Treaties and, therefore, basically dictates this Parliament' s political and legislative activity for the next five years.
I would also like to point out, Madam President, that this Parliament voted to express its confidence in President Prodi during the previous legislature. It did so again during this legislature, in July, and then, in September, it voted once more to approve the whole Commission.
There has therefore been enough time for the Commission to prepare its programme and for us to become familiar with it and explain it to our citizens.
To this end, I would like to remind you of the resolution of 15 September, which recommended that the proposal be presented as soon as possible.
The events of last week - which originated outside the Conference of Presidents, that Conference being used simply to corroborate and ratify decisions taken elsewhere - present us with a dilemma. Either the Commission is not ready to present this programme, in which case it should clarify it.
According to its President, it is in a position to do so.
Given that the Commission is represented by Vice-President de Palacio, I believe that, before voting, it would help if the Commission could let us know how ready it is to present this programme, as agreed. Alternatively, Parliament is not ready to examine this programme, as some appear to be suggesting.
In my opinion, this second hypothesis would imply the failure of Parliament in its duty as a Parliament, as well as introducing an original thesis, an unknown method which consists of making political groups aware, in writing, of a speech concerning the Commission' s programme a week earlier - and not a day earlier, as had been agreed - bearing in mind that the legislative programme will be discussed in February, so we could forego the debate, since on the next day our citizens will hear about it in the press and on the Internet and Parliament will no longer have to worry about it.
My Group believes that since a parliament is meant to listen, debate and reflect, there can be no justification whatsoever for this delay and we believe that, if the Commission is ready to do so, we still have time to re-establish the original agreement between Parliament and the Commission and proceed in a manner which fulfils our duty to our fellow citizens.
Therefore, the proposal of the Group of the Party of European Socialists, and which you have mentioned, is that the Prodi Commission present its legislative programme on Wednesday, including its proposed administrative reform, because, otherwise, we could find ourselves in a paradoxical situation: on the pretext that there is no text, on the one hand, the President of the Commission would be denied his right to speak in this Parliament and, on the other hand, there would be a debate on a reform when Parliament had no prior knowledge of the texts on which it is based.
Therefore, Madam President, I would ask you to request that the Commission express its opinion on this issue and that we then proceed to the vote.
(Applause from the PSE Group)
Madam President, I really am quite astonished at Mr Barón Crespo' s behaviour and the fact that he is now asking for this item to be put on Wednesday's agenda.
Mr Barón Crespo, you were unable to attend the Conference of Presidents last Thursday.
I am not criticising this; it happens from time to time that people send someone to represent them.
Mr Hänsch represented you on this occasion.
In the Conference of Presidents, we had an in-depth discussion.
Your Group was alone in advocating what you are saying now.
We then put it to a vote.
As you know, each chairman has the same number of votes as his Group has Members.
There was a vote on this matter. As I recall, the outcome of this vote was 422 votes to 180 with a few abstentions.
This means that all the Groups with the exception of the non-attached Members - but, of course, they are not a Group - were in agreement; only your Group thought that we should proceed as you have proposed here.
All of the others were of a different opinion. That was the decision.
I should now like to comment on the issue itself.
We have confidence in the Commission and in Romano Prodi and, after a difficult procedure, as everyone knows, the vast majority of our Group supported the vote of confidence in Romano Prodi and the Commission.
We believe, however, that the Commission's strategic plan needs to be debated within a proper procedural framework, not only on the basis of an oral statement here in the European Parliament, but also on the basis of a document which is adopted in the Commission and which describes this programme over the five-year period.
There is no such document!
The Commission will present its programme for the year 2000 in February.
We have said, very well, if the Commission does not wish to introduce the 2000 programme as early as January then we will do it in February.
We have agreed to this.
After all, we do not wish to quarrel with the Commission; if at all possible, we believe that the Commission and Parliament need to tread the same path.
However, we in Parliament also have a supervisory role with regard to the Commission and we do not have to agree with everything which comes out of the Commission.
I should like us to be able to do a reasonable amount of preparation for the debate on the five-year programme in our Groups.
You cannot prepare if you hear a statement in this House and have no idea of its content.
That is why we would recommend - and it is my impression that the Commission is also open to this idea - that we hold the debate on the Commission's long-term programme up to the year 2005 in February - and I hope that the Commission will agree on a programme before then which it will propose to us - and that, at the same time, in February we also hold the debate on the Commission's legislative programme for the year 2000.
The fact that the subjects are connected also suggests that we should hold the debate on both programmes together. That is why my Group firmly rejects the proposal made by the Socialist Group.
(Applause from the PPE-DE Group)
Madam President, I would like to make it very clear that, above all, the Commission has absolute respect for the decisions of this Parliament and, amongst those, the decision establishing its agenda.
We therefore respect whatever Parliament may decide.
But I would also like to make it very clear that President Prodi made a commitment to this Parliament to introduce a new debate, as Mr Barón Crespo has reminded us, which would be in addition to the annual debate on the Commission' s legislative programme, on the broad areas of action for the next five years, that is to say, for this legislature.
Madam President, I would like to say that the agreement reached in September distinguished this debate from the annual presentation of the Commission' s legislative programme.
I would also like to say that the Commission is prepared and ready to hold this debate whenever it is convenient and that we were ready to do so this week as we had agreed originally, on the basis that it would be presented the day before in a speech to parliamentary groups.
Therefore, Madam President, I would like to repeat that the Commission has debated the action plan for the next five years and, when Parliament decides, - this week if that is the decision - we are prepared to come and explain the programme for the next five years and, next month, the programme for 2000, which is what we fully agreed upon.
Madam President, I can hear a ripple of laughter from the Socialists.
I was told that large sections of the Socialist Group were also keen to have this item taken off the agenda, because at the vote in the Conference of Presidents no vote was received from the working group of Members of the Socialist Group responsible for this matter.
I do not know whether this information is correct, but the PPE-DE Group would, in any case, be grateful if this item were removed because Parliament has addressed this issue several times already.
Decisions have also been adopted against a tax of this kind.
That is why my Group moves that this item be taken off the agenda.
Thank you, Mr Poettering.
We shall now hear Mr Wurtz speaking against this request.
Madam President, I would firstly like to point out Mr Poettering' s lack of logic. He has just been preaching to the Group of the Party of European Socialists because they went back on a decision taken in a perfectly clear manner at the Conference of Presidents, and now he is doing just the same.
We discussed that matter and we were unanimous, with the exception of the PPE and ELDR Groups.
As my fellow chairmen will recall, I even mentioned that it was not a matter of knowing whether one was for or against the Tobin tax, but of whether one dared to hear what the Commission and the Council thought of it.
It is not a lot to ask.
I therefore repeat the proposal that this oral question to the Commission and the Council should be retained so that we can find out, once and for all, the positions of these two bodies regarding the proposal which is relatively modest but which would give a clear message to public opinion, particularly after the tide of feeling generated by the failure of the Seattle Conference.
We shall proceed to vote on the PPE-DE Group' s request that the oral question regarding the capital tax be withdrawn from the agenda.
(Parliament rejected the request, with 164 votes for, 166 votes against and 7 abstentions)
Madam President, I would like to thank Mr Poettering for advertising this debate.
Thank you very much.
Madam President, has my vote been counted? I was unable to vote electronically, since I do not have a card.
My vote was "in favour" .
Indeed, if we add the two Members who have declared themselves, then the result of the vote would be ....
Madam President, the Presidency has already declared the result of the vote.
There is no room for amendments.
Madam President, in the earlier vote - and I will abide by your ruling on this matter - on the question of the strategic plan of the Commission I indicated that I would like to speak in advance of the vote on behalf of my Group. That did not happen.
I would appreciate it if, on the close of this item of business, I might be allowed to give an explanation of vote on behalf of my Group.
This is an important matter. It would be useful for the record of the House to state how people perceive what we have just done in the light of their own political analysis.
Madam President, I do not wish to reopen the debate, but I had also asked for the floor, to comment on Mr Barón Crespo's motion.
You did not call me either.
I regret this, but the vote has already been taken and the decision is made so let us leave the matter there.
I am terribly sorry, Mr Hänsch and Mr Cox. I did not see you asking to speak.
Even so, I think the positions are quite clear and they shall be entered in the Minutes.
When we adopt the Minutes for today' s sitting tomorrow, then any Members who think the positions have not been explained clearly enough may ask for amendments.
This seems to me to be a workable solution.
Of course, the Minutes for tomorrow' s sitting will take into account any additional explanations.
I think this is a better solution than proceeding now to extremely time-consuming explanations of votes.
Mr Cox, Mr Hänsch, would this be acceptable to you?
Madam President, if the vote records correctly how my Group voted I shall not, and cannot, object to that.
If your ruling is that I cannot give an explanation of vote, I accept that but with reservations.
We shall pay particular attention to the wording of the Minutes, as we always do, of course.
If they do not properly reflect the positions adopted, then we may correct them, if necessary.
(The order of business was adopted thus amended)
Safety advisers for the transport of dangerous goods
The next item is the report (A5-0105/1999) by Mr Koch, on behalf of the Committee on Regional Policy, Transport and Tourism, on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways (C5-0208/1999 - 1998/0106(COD)).
Madam President, we cannot and must not accept the fact that we hear ever more frequently of accidents causing major damage on our roads, but also on our railways and waterways, not solely but at least partly because those involved do not take the transport of dangerous goods seriously enough or because - as a result of ignorance or a lack of training on the part of the drivers or others responsible for the various vehicles - a minor accident has all too often become a major disaster.
As an Austrian, I still have a vivid memory, as, I believe, we all do, of the catastrophe which cost so many human lives last year in the Tauern Tunnel, where subsequent work to rebuild the parts of the tunnel which had been destroyed in this fire continued for many months at huge expense.
The renovation project, which lasted for months, cut off this important route between the north and south of Europe.
The traffic which had to be diverted because of this stretched the patience of many thousands of people in the EU to the limit.
In fact, all hell broke loose in some municipalities in my province.
Prevention has to be our answer to disasters of this kind and this draft directive is an important step towards well-trained safety advisers being available, so that the right action is taken in good time.
All the same, we must not content ourselves with enacting European law to ensure greater safety.
We also need to follow this up and make sure that our rules are transposed by the Member States in good time and - even more importantly - we need to ensure that they are also applied afterwards.
Please let this not be yet another sector where we subsequently have to lament the lack of enforcement.
I should like to address one final point.
We must not content ourselves with sealing another hole in the safety net and shutting our eyes to the fact that, where transport safety in Europe is concerned, there is still much more to be done.
In this context, I should like to make a request and ask the Commissioner responsible, who is with us here today, to table an appropriate text as soon as possible with a view to continuing to make it safer for traffic to transit tunnels in the future, so that we in Europe do not have to experience any more such disasters on this scale.
Madam President, first of all I should like to thank Mr Koch for his report which has, at its heart, the issue of transport safety. The report looks at the issue of harmonising the examination requirements for safety advisors working in the areas of transportation of dangerous goods by road, rail and inland waterway.
I congratulate him on his excellent report.
Transport safety has sadly been in the news recently: the Paddington rail crash in London, the terrible rail crash in Norway, the two aviation crashes involving EU citizens and the natural disaster involving the Erika off Brittany - all within the last four months - remind us that transport safety can never be taken for granted and that those charged with protecting the public must be highly motivated and highly qualified.
The rapporteur has pointed out to the House that in its common position the Council has accepted six of Parliament's ten amendments put forward at first reading and that the substance of Parliament's other amendments has been retained.
My Group will therefore support the common position and looks forward to the enactment of the legislation which will provide us with yet another tool in our fight to make transport in the European Union as safe as possible.
When it comes to safety my Group will always support any initiatives to improve transport safety.
We still have a lot of work to do in this area as recent events have proved.
Madam President, I would like to make a few comments.
I would like, first of all, to thank the rapporteur for his exceptionally accurate and technical work on the report and, secondly, the Commission for the proposal it has submitted.
We are concerned here with the harmonisation of examination requirements but also, in fact, with minimum requirements. This is a pity, in a sense.
Needless to say, safety on roads, railways and inland waterways is of key importance and, given the international nature of these types of transport, training for safety advisors should also be harmonised, therefore, as well as the requirements of the new ADR, for example, which is under way.
This is important, but so is enforcement and there are, of course, a number of reasons why we need to pay particular attention to this.
Just think of the road accidents which have occurred over recent years, for example in Belgium, the Netherlands and a number of other countries where lorries carrying dangerous goods continued to drive in foggy conditions when really they should have pulled off the road instead.
Or ships from Eastern Europe which moor adjacent to ships over here, with all the obvious risks that this entails.
Furthermore, it has transpired that research in the ports in Belgium, Finland, but also in Japan has shown that 50% of containers with partially dangerous cargo are not delivered correctly for shipment.
In short, the issue is an important one.
If we look at the situation where safety advisers are concerned, in a number of countries it is compulsory to employ such safety advisers in companies as from 1 January of this year.
There will be major problems with enforcing this rule at present, especially with smaller companies, as these cannot afford safety advisors.
These smaller companies either dispose of their cargo or mix it with other cargo, which causes problems.
It is therefore also being requested that ISO 9002 certificates possibly include the finer details of these activities in the form of annual reports and company analyses.
The work is done. All that remains is the business of enforcement.
I would like to mention one final point.
With regard to enforcement, proper agreements must also be concluded with the Eastern European countries because they will not enter into treaties which deal with this matter until 1 July 2001, that is to say in eighteen months' time.
This gives them a competitive edge for the interim period.
This is not in itself anything dreadful, but we should prioritise particularly the safety aspects for goods transported by road, rail and inland waterways and incorporate these, as part of the acquis communautaire, as soon as possible and present them to the acceding states.
Madam President, the importance of transport safety is highlighted on a regular basis in this Parliament and rightly so.
The ever increasing volume of goods passing through Europe entails all kinds of risks, known and unknown, for employees and the social environment.
Those having to deal with these risks should therefore meet stringent requirements.
The relevant standards which have been laid down in another Directive, 95/35/EC, seem sufficiently adequate to advise people in a responsible manner on the organisation of the transport of dangerous goods.
I am very pleased that agreement has also been reached with the Council on minimum standards regarding examinations, although I would have preferred it if uniform, set standards and modules had been established, so that certificates would be of equal value internationally.
This, however, does not seem feasible.
Finally, the amendment tabled by the rapporteur is perfectly logical and I can, therefore, give it my wholehearted support.
Mr President, Commissioner, I should first like to congratulate Mr Koch on his reports which, though technical, are nonetheless of very great significance for safety.
I should like to make just a few comments.
Firstly, I should like to ask the Commissioner - and I am convinced that my request will fall on fertile ground - to ensure that more attention is paid to the issue of safety, be it on the roads, on the waterways or at sea.
Considering that it is only today that we are dealing with a Commission proposal first made on 19 March 1998, even though Parliament responded relatively quickly, this time lag is a little too long.
This is not just the fault of the Commission, but I believe that we need to take action more quickly so as to achieve harmonisation in this area as well.
My second point has already been mentioned: it concerns the minimum standards.
In principle, I believe that in many cases where transport is concerned we should be working towards increased flexibility and country-specific rules.
However, when it comes to safety, I am rather sceptical because safety in Sweden, for example, is in principle no different from safety in Germany, Italy or Austria.
I can live with these minimum standards, but I would ask the Commission to monitor the situation very carefully.
Should flexibility of this kind result in there being inadequate rules in some countries then we should work towards greater harmonisation.
My third point has also been mentioned already.
As you know, like Mr Rack, I come from a transit country, where this issue plays a particularly important role.
We do not want to make the conditions of competition worse for some countries unilaterally and improve them for countries such as Austria or other transit countries.
But I believe that we should do all we can to keep the transport of dangerous goods to a minimum, in all countries, whether they are transit countries or not.
Mr President, I would firstly like to congratulate the rapporteur, Mr Koch, on his magnificent work and his positive cooperation with the Commission with regard to improving the texts and presenting this report and this proposal; in the end there is only one amendment on the requirements for the aptitude examination for safety advisers in the transport of dangerous goods by road, rail or inland waterway.
We understand that it is important that the two institutions - Parliament and Commission - cooperate and work together and that the current cooperation with the Committee on Regional Policy, and in particular the transport group, is magnificent.
The common position includes practically all of the amendments accepted by the Commission and harmonises the minimum examination requirements for safety advisers and, at second reading, we can accept the amendment on the proposed date, which is much more realistic than the one originally suggested by the Commission, bearing in mind that we have now spent several years debating this question.
Very briefly, I would like to thank the various Members for their interventions and to tell you that safety is one of the Commission' s priorities in the field of transport.
As Mr Simpson has said very correctly, this is a process which we can never take for granted or regard as having come to an end.
The process of increasing safety margins and safety guarantees in transport is a process which must be improved day by day.
In this regard, I would also like to refer very briefly to the problems of the tunnels, which Messrs Rack and Swoboda have referred to, which, in the case of Austria, is doubtless a very sensitive issue, and great effort should be made to improve their safety.
In one of the worst accidents to have occurred recently, the goods being transported were not dangerous in themselves.
Margarine and a few kilos of paint which, in principle, do not present risks, led to a genuine disaster.
Therefore, we will have to see how the requirements guaranteeing the maximum degree of safety can be further improved.
Finally, I would like to say that we have to consider safety in all types of transport.
This week we will be holding a debate here on the safety of sea transport, in light of the Erika disaster, and in the course of this year we will have to discuss our objectives in terms of the safety of air transport.
But I would like to say that safety is a priority objective for the Commission.
As I will say in the debate on the Erika disaster, we do not wait until there is a disaster to deal with the question of safety, but we work on it even when there are no such circumstances, which simply serve to demonstrate the urgency for an effective response to this type of problem.
I would like to repeat my appreciation to all the speakers and especially to the rapporteur, Mr Koch.
The debate is closed.
The vote will take place tomorrow at 12 p.m.
Transport of dangerous goods by road
The next item is the report (A5-0104/1999) by Mr Koch, on behalf of the Committee on Regional Policy, Transport and Tourism, on the proposal for a European Parliament and Council directive amending Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road [COM(1999) 158 - C5-0004/1999 - 1999/0083(COD)].
Mr President, Commissioner, ladies and gentlemen, the directive on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, which entered into force on 1 January 1997, contains a number of transitional provisions which are only valid for a limited period of time, the term of validity being linked to the completion of specific standardisation work by the CEN, that is the European Committee for Standardisation.
Delays in the CEN' s work are now making it difficult to apply this very directive.
In particular, annexes cannot be adapted to take account of technical and industrial developments.
I regret this since we are having to take action because others have not done their job.
In this respect, I accept this proposal to amend Directive 94/55/EC which has been tabled for discussion today.
Should the European Union fail to take action, then Member States would be obliged to amend their national legislation for a very brief period, until the CEN completes its work, which would cause unnecessary cost and uncertainty.
The amendment to the directive on today's agenda does not therefore affect the existing harmonisation of the transport of dangerous goods in the Community.
It merely prolongs transitional rules by postponing deadlines, deletes provisions which are no longer applicable, and lays down the procedures for a) carrying out the ad hoc transportation of dangerous goods and b) enacting less stringent national regulations, in particular for the transport of very small amounts of dangerous goods within strictly defined local areas.
The amendment to the directive is consequently in full accordance with the principle of subsidiarity; the Member States obtain more powers.
The Commission decides whether the Member States may impose certain rules of their own. In so doing, it is supported by a committee of experts on the transport of dangerous goods under the regulatory procedure.
The procedures for the exercise of these implementing powers conferred on the Commission were laid down afresh in the Council Decision of June 1999.
The proposal to be discussed today, to amend the directive on the transport of dangerous goods by road, dates from May 1999, however, and could not therefore take account of the latest comitology procedure.
Two of the amendments tabled and adopted unanimously by the committee relate precisely to this amended comitology procedure.
We would like to ensure that there is a reference to this as early as the recitals and that the period within which the Council has to make a decision - which is not clearly worded - is set at a maximum of three months.
In addition, the need for greater transparency has been pointed out.
A further amendment allows the Member States to impose more stringent requirements, in particular for vacuum tanks, if work is done or goods are transported as a priority in temperatures well below -20ºC.
This is in the special interest of northern European regions.
A final amendment is intended to ensure that tanks and tankers put into service between 1 January 1997 and the entry into force of this directive may continue to be used provided that they have been constructed and maintained in accordance with it.
I do realise that this is only a small step towards increased transport safety, but I would ask you to endorse this report.
Mr President, colleagues, a happy new year and millennium to you all.
I am speaking for the first time in this plenary part-session, so this is quite exciting for me, a little like first love, although that did last longer than two minutes.
I would like to briefly comment on the Commission' s proposal to amend the directive on the transport of dangerous goods by road.
It is good that this directive should be established now, as, otherwise, Member States would have to amend their national acts for a very short time, a period of transition, which would again mean unnecessary costs and which would once more increase concern with regard to EU bureaucracy.
The Commission' s proposal, however, does not take account of all the facts, such as the cold climate that prevails in the northern regions.
Consequently, I have tabled some amendments to Mr Koch' s intrinsically excellent report, which have been adopted by our committee.
My amendments concern the frost-resistance ratings for tankers carrying these dangerous goods.
According to the Commission' s proposal -20ºC would have been sufficient. On the shores of the Mediterranean, it is hard to imagine that in Lapland temperatures can fall considerably lower than that.
There is support for the EU in Lapland also, so let us remember them.
I have thus proposed that the frost rating be lowered to -40ºC.
This would be necessary to keep safety standards at the level they were in northern regions previously.
I hope my proposal will be taken into consideration in tomorrow' s vote.
Mr President, with your permission I should like to begin by expressing my admiration for the way in which you executed the quick changeover of the chairmanship just now during the debate.
I thought that it was quite superb.
On the subject at hand, I think that the people of Europe must be able to be confident that the goods - however dangerous they are - which are transported on Europe's roads, railways, and so on are as safe as possible.
This directive is a contribution to this.
What we are doing today is essentially a nuisance.
The rapporteur, Mr Koch, to whom we express our thanks for the work which he has done on this, has already pointed out that basically everything could have been somewhat more advanced had it not been for the inactivity on the part of the CEN, which has been very dilatory in drawing up and adapting the directive.
That is why we can only hope - and we should resolve all of this this week - that, in 2001, we will finally have Community regulations for the transport of dangerous goods by road so that we have a degree of legal certainty here and also so that our roads are a good deal safer.
Mr President, the report we are discussing here does not, in itself, entail any major changes.
Most of the proposed amendments are of a purely technical nature. It is nonetheless worth emphasising that, each time we make this type of decision, it is good from a broad environmental perspective and it is beneficial because it creates better prior conditions for exploiting the possibilities of the internal market.
Very large quantities of dangerous goods are transported around the EU, both on roads and railways and by sea.
This makes it necessary to have proper rules governing transport of this kind.
In area after area, we are now obtaining common minimum regulations for the Member States.
This is extraordinarily positive, and there is cause to thank the rapporteur, Mr Koch, for the work he has put in on this issue.
This is also important where the prerequisites for the internal market are concerned.
If we are to get a common transport market genuinely up and running, it is important that we should not only have regulations but that these regulations should also, as far as possible, apply to every country.
I should like to conclude by commenting on a third matter which is also of significance, namely an amendment tabled by Member of Parliament, Mr Ari Vatanen.
In many ways, the prerequisites differ from one Member State to another.
By approving this amendment, we take account of the fact that it can be very cold in the northern parts of the European Union.
This makes it necessary to also take account of the ways in which materials and packaging are affected by cold of this kind.
It is good that, in establishing the present regulations, we can also be flexible. I hope that the Commission is able to accept the present amendment.
Mr President, I would like to thank not only Mr Koch, but also the Vice-President of the Commission for the clear and unambiguous way in which they have declared their support for safety in the transport sector and acknowledged it as a priority.
The reason Mr Koch produced his sound report was because the work in the CEN and within the United Nations Economic Commission was proceeding none too expeditiously.
I would like to ask the Vice-President if she is in a position to tell us today what the state of play is with regard to the efforts towards harmonisation being made by these two organisations, and whether the EU is in a position to hasten these harmonisation efforts, in accordance with principles that are as simple as possible.
For one thing is clear: even if we come to an excellent arrangement within the European Union, traffic does not stop at our borders, it goes beyond them.
Hence there is certainly every reason to introduce more far-reaching regional provisions.
If the Commissioner is unable to do so today then would she be prepared to inform the committee in writing of how matters stand and what stage negotiations between the CEN and the Economic Commission are at?
Mr President, I would once again like to congratulate Mr Koch on his magnificent work on this other report, which in a way supplements the debate which we held in October on rail transport.
We all regret that the European Committee for Standardisation (CEN) has not been able, in the required time, to carry out the amendment of the provisions necessary for the required harmonisation within the European Union.
This debate and the amendment of the directive currently in force allow us to incorporate differentiating elements which demonstrate the diversity of this Europe of ours.
A moment ago, Mr Vatanen spoke to us of lower temperatures, not of 20 degrees below zero, but of 40 degrees below zero.
Of course, we accept that amendment - it is absolutely right - and I believe that we should incorporate specific circumstances which demonstrate the climatic diversity of the European Union, which sometimes take the form of specifics and of concrete requirements for the establishment of standards and characterisations of a technical nature.
I would like to say, with regard to Mr Swoboda' s comments on the activity of the CEN, that we are urging them to speed up their work as much as possible because it would be terrible if, despite the new deadline, we were to find ourselves after a year and a bit with the same difficulties because their work has not been concluded.
Lastly, Mr President, the basic problems justifying this amendment of the directive have been pointed out. We have referred to the delay by the CEN, the amendment of certain provisions, the consistency between the text of the directive and the content of the annexes and the need to for it to be more specific.
The Commission accepts all of the contributions of the parliamentary committee and the rapporteur, Mr Koch, which are contained in the various amendments, specifically four.
We therefore accept the four amendments which have been proposed.
The debate is closed.
The vote will take place tomorrow at 12 p.m.
Structural Funds - Cohesion Fund coordination
The next item is the report (A5-0108/1999) by Mrs Schroedter, on behalf of the Committee on Regional Policy, Transport and Tourism, on the communication from the Commission in the field of the Structural Funds and their coordination with the Cohesion Fund: guidelines for programmes in the period 2000-2006 [COM(1999)344 - C5-0122/1999 - 1999/2127(COS)].
Mr President, it is particularly pleasing for me to make my first speech in the European Parliament on what is regarded as the most important issue within that part of the United Kingdom that I represent in this Parliament, namely Wales.
A major part of Wales, as you know, has been granted Objective 1 status under the Structural Funds programme.
It is quite clear that many people within Wales are looking to the European Structural Funds programme to alleviate some of the great difficulties that we undoubtedly face.
We have seen poverty growing in Wales; and growing still further since 1997. We have seen the gap between rich and poor widen.
We are looking, therefore, within the Structural Funds programme not just to see industrial restructuring but also to see a wider improvement in the whole of the economic base within the Principality.
What is, however, deeply damaging for us is the belief that in some way the granting of Structural Funds assistance is something that has been, in a sense, a success of the government.
It is sadly only a recognition of the very great difficulties that Wales faces.
That is why I want to highlight some of the issues that I believe the Commission must have at the forefront.
We look to the Commission to deal with points in relation to additionality.
We are dissatisfied with the fact that those figures seem to have been in some way hidden within UK figures.
We look to the Commission also to ensure that there is matched funding for projects.
We look to it to challenge the UK Government, to ensure that the private sector, which surely must be providing the major impetus for Structural Funds expenditure, is involved in the planning stage.
Finally, we ask that the Commission ensures that Structural Fund monies are spent in a way which is transparent.
Too much of what takes place within this Parliament is not transparent.
This is one area in which I believe the Commission can be a very great friend to Wales.
Mr President, our committee views these issues very differently and, to start, I will speak from the point of view of research.
We see it as a very positive sign that, in her own conclusions, the rapporteur has taken account of our committee' s proposal that the Cohesion Fund countries should broaden the research infrastructure by locating universities and colleges in such a way that they would serve those who live in undeveloped regions better than now and make it easier for educated people to remain in their home districts.
This will be possible with action on the part of governments, and such decentralisation of higher education will be an unquestionably useful policy in evening out development.
Another matter we would like to address, specifically from the point of view of industrial policy, is that we would have liked the Commission to pay more attention to the effects of services, electronic commerce and the growing use of the Internet, when they were planning the coordination of Structural Funds and Cohesion Funds.
Poverty and wealth used to depend more on means of livelihood.
The rich areas were those where there were jobs in industry, but today those areas might have become a burden, and they may well be poor, meaning we also have to invest in new sectors of industry such as electronic production, as I might call it, and the production of services, because they are the industries of the future.
In my opinion the committee drafting the report has not taken sufficient account of this, so on behalf of the Committee on Industry, External Trade, Research and Energy, I would draw the Commission' s attention to this issue.
Finally, as the committee representing energy, we would have liked the issue of support for renewable energy resources from Cohesion and Regional Development funds to have been emphasised still more, thus, through a process of coordination, increasing the use of renewables so that the scant funding resources in the energy programme might have been compensated by means of these more substantial sums.

Mr President, I would very much like to thank Mrs Schroedter for the work she has done on this and to explain to colleagues that I am speaking for my colleague, Mrs Flautre, who followed this for the Committee on Employment and Social Affairs but who is unfortunately ill.
I would like to draw people's attention to Amendments Nos 1 and 2 which were agreed by the Committee on Employment and Social Affairs but not accepted by the Committee on Regional Policy, Transport and Tourism.
These amendments deal with the social economy and the need to provide social risk capital and support financially local schemes to develop employment opportunities and strengthen social cohesion.
In the past, this Parliament has viewed the social economy as an important potential provider of employment.
These amendments also fit in with this Parliament's view that social exclusion is a serious issue needing constructive action.
We hope that those considering rejection of these amendments have very powerful reasons to offer to both Parliament and their citizens who are seeking employment.
In her report, Mrs Flautre also drew attention to an area where coordination is sorely lacking, yet desperately needed.
The Commission proposals refer to the four pillars of employment strategy and the five fields of action of the European Social Fund.
But the lack of specific guidelines here is particularly to be regretted, as the idea of linking Social Fund assistance to the employment strategy will be put into effect for the first time during the 2000-2006 programme.
It could be said that the omission gives the impression that the Commission too has no idea how to provide maximum coordination between European Social Fund assistance, which is subject to review after three and a half years, and the Member States' annual national plans for employment.
We hope that the Commission can reassure us that this was an oversight which is now being dealt with constructively.
Mr President, Commissioner, the proposal presented by the Commission, in accordance with its mandate, is a reasonable starting point for the Committee on Agriculture and Rural Development.
I would like to point out, however, that this starting point indicates to us the challenges which face us: maintaining a population in rural areas, given the changes taking place in all types of economic activity owing to agriculture' s increasing lack of importance amongst the various sources of income for rural society.
This, as well as the deficiencies in the networks of infrastructures and services and a generally very low level of employment, which furthermore is seasonal and lacks diversity, exacerbates the exodus from rural areas.
The consequences do not inspire hope.
It is the young people who are disappearing, who are getting an education and finding work outside of the rural areas, all of which has an unfavourable effect on those areas.
This lack of infrastructure is also an obstacle to the establishment of companies and the creation of jobs.
We have to remember that rural areas represent almost four fifths of the territory of the European Union.
Agriculture only provides 5.5% of employment in the Union.
Furthermore, three quarters of our farm workers are part-time and require supplements to their incomes.
For this reason, one of the most important and essential objectives which we should set in the European Union is to make efforts to create new jobs in rural areas, outside of the agricultural sector, in sectors such as rural tourism, sport, culture, heritage conservation, the conversion of businesses, new technologies, services, etc.
However, even though the role of agriculture is not exclusive, it is still essential, not only to prevent economic and social disintegration and the creation of ghost towns, but also because farmers play a fundamental role in managing the land, in preserving biodiversity and in protecting the environment.
Therefore, we support the establishment of an agricultural and rural development policy which is consistent with the objectives we have set. We want rural areas, at the dawn of the 21st century, to be competitive and multi-functional, both with regard to agriculture and with regard to opening up to the diversity of non-agricultural activities.
It is important to prioritise general criteria for land planning and demographic equilibrium, and to bear in mind the conclusions of the Committee on Agriculture and Rural Development on the five fundamental issues, which have been only partly taken up by the Committee on Transport, Regional Policy and Tourism in its points 16 and 17.
In conclusion, I would ask the Commission to take these five points into account when establishing the conclusions on the four pillars because I believe that, for the European Union, maintaining the population in rural areas must be one of the priority objectives.
Mr President, Commissioner, I would like to begin by thanking Mrs Schroedter, the rapporteur, for her work. I think that this work has been carried out extremely well.
I would also like to thank her for her willingness to enter into dialogue with the other political groups when compromise formulas have needed to be reached in the face of this avalanche of amendments - and perhaps there are more of them than we expected - but which genuinely reflect the importance of the report we are now discussing.
We feel that it is important that the Commission takes account of the conclusions adopted by this Parliament, at least in spirit, because at this stage, it might seem as though what we are doing here is a useless exercise, and nothing but hot air.
The truth of the matter though is that we believe - and this is also shown in the way the conclusions have been drafted - that the Commission must take account of what is adopted by this Parliament, particularly in the face of an interim revision of these directives.
In our amendments, we have stated the importance of the necessary synergies being produced between the Structural Funds, the Cohesion Fund and Community initiatives, so that their application should be reflected, in the best and most profitable way, by the gradual elimination of disparities between regions and by the creation of jobs which are, when all is said and done, the two central purposes of the funds we are discussing.
In order to achieve a more rapid and efficient boost for attaining these objectives, we think that those who generate employment, the real entrepreneurs and those who really guarantee new sources of employment, that is, businesspeople, must participate in this initiative.
Small and medium-sized businesses, above all, need to take part in the distribution of these funds.
If they do not, if businesspeople feel marginalised, if entrepreneurs cannot take part, not only in managing but also in receiving these funds, we will have missed an opportunity to attain our objectives more rapidly.
Also, in order to attain our objectives, to overcome the disparities between regions and to seek out sources of employment, it is crucial to give our complete support to new technologies, to transport and communications networks and to renewable energies.
All of this must be done - I repeat - with the participation of private business, which, by uniting its efforts with those of public administrations, but complementing them, never obstructing or excluding them, will lead to the creation of wealth in society and of jobs.
Mr President, it is incumbent upon me to remind my colleague, Mr Evans, of why Wales actually achieved Objective 1 status. It was because of the discredited policies of his own Conservative Party.
Let me also remind him that when his party leader, Mr Hague, was Secretary of State for Wales, he broke every rule in the book on additionality which led to a stern letter from Commissioner Wulf-Mathies regarding regulatory requirements.
I can tell you that the British Government is aware of its regulatory requirements on Objective 1 additionality.
I suggest Mr Evans goes back and reads the regulation.
My Group has made extensive amendments to both reports up for debate today.
I want to focus our minds on the essential role of the guidelines. The objective is to provide a framework and tool to support and enhance economic regeneration, to get the most effective use of resources in the widest partnership and to put these regions back on the road to recovery and sustainable development so that eventually they come off the regional life-support machine.
It is important to identify the skills and potential of our regions in the hi-tech sector. It is particularly important in the light of reports in the media that Europe is rapidly losing ground to the US in the hi-tech growth industries of the future.
The operation of the previous round of programmes is also very instructive in telling us what guidelines should not be about.
They should not be about creating additional layers of bureaucracy and red tape. They should not be about shifting priorities and policies halfway through project development, resulting in inevitable delays and underspends, particularly in the light of the new budgetary requirement.
The implementation and operation of the guidelines cannot be left to the personal interpretation of one or other desk officer, either in the Commission or in the civil service.
There must be an internal coherence in the Commission directorate, while respecting the specific local and regional aspects of Commission programmes.
The conclusion is that we must make the case for guidelines to be broad, indicative and flexible to assist our programme managers and fund-users and to get the maximum potential out of our new fields of regeneration.
If we can inject a spirit of entrepreneurial activity into our poor and structurally weak regions we will eventually get them back onto the road of attracting substantial investor confidence, which will be the key to future success.
This is how we are going to judge the success of these guidelines: whether EU regional policy with a good, solid, enabling guideline, can open up new opportunities and allow our poor and structurally weak regions to play their full part in contributing to the growth and prosperity of the EU.
Mr President, Commissioner, I would like to thank Mrs Schroedter for an excellent report.
She has gone into the issue in some depth and in the committee debate she took account of many of the amendments that have been tabled regarding this report.
The rapporteur has also quite rightly stated that Parliament was not heard in time regarding the guidelines.
We are badly behind now in this matter.
Hopefully, the stands Parliament has taken will help, however, in the mid-term appraisal of the programmes and in their practical implementation.
For the time, the report grew too large when it was being debated.
It contained details and issues that had already been raised in previous reports.
At this stage it is more important to concentrate on assessing how we can use this process to steer Union regional policy, bearing in mind that the aim is to reduce regional inequality.
Our Group emphasises the importance of the principle of subsidiarity, the responsibility of Member States and the role of local players in drafting and implementing programmes.
It is especially important to get SMEs involved in the planning and implementation of programmes.
Our Group also considers it important to take greater account of remote and peripheral areas and wishes to increase interaction between towns and rural areas.
We oppose the excessive control the central administration of the Union and its Member States exercises and we are calling for a reduction in the bureaucracy that has taken root in the drafting and implementation of programmes.
Projects implemented with support from the Union have had their effect watered down all too often by slow decision making and complicated administrative processes.
Funds have often been granted for projects which have had no lasting benefit for the area concerned.
Projects have to be carried out more efficiently, more flexibly and they have to be made more productive.
While the report was being prepared, it was interesting to discuss the Union' s regional policy in general.
For us new members, it was the first time, and this was a very interesting process.
This report is very good and our Group supports it.
Mr President, Commissioner, as proof that this Parliament has not yet overcome its role as a consultative and subordinate institution, the excellent report by a fellow member of my Group, Elisabeth Schroedter, has not been able to reach plenary sitting because the plans for regional development for the period 2000-2006 for Objective 1 regions have been sitting in the Commission' s offices for several months.
Bearing this in mind, this House should, in any event, demand that, before the Community support frameworks for the period in question are approved, they be studied and submitted for debate in this Parliament, specifically in light of the guidelines that we have presented today. This is because we think that they are particularly able to create employment in the poorest and least-developed regions and we would thus contribute to reversing the harmful trends towards inequality that exist in European society and to the move towards a fairer Europe.
Mr President, we should not forget that the main, strategic objective of the Structural and Cohesion Funds and of their coordination is to achieve economic and social cohesion.
We are obliged to participate in drafting directives and also in assessing their results.
We are obliged to do so because we are the representatives of the citizens in a Europe of Citizens and not just in a Europe of States and of Regions.
We feel that the Funds are a necessary but insufficient condition for achieving economic and social cohesion.
We might be mistaken in using the gross domestic product per inhabitant as the sole indicator.
Some speakers have already mentioned unemployment and the fall in population.
We will have to study several indicators, which will enable us to see the current state of regional societies that are in a worse situation than others, and how they are evolving.
It is clear from some of the reports that have been presented to Parliament' s plenary sitting today that Europe' s 25 most prosperous regions enjoy a level of unemployment which is five times lower than in the 25 least prosperous regions.
This fact means that the European Parliament, the Commissioner and the Commission must act decisively and strategically.
I agree that the European Parliament did not have the opportunity - or that it was not given the opportunity, as we had reached the end of the parliamentary term - to discuss the directives.
I do not think, however, that this report has come too late.
We need to consider it together, so that the new Objective 1 programmes and the plans for regional development, which have been drafted before the directives come into force, can be submitted for revision and proper assessment.
We all agree that we should ask that, halfway through these programmes, when the assessment of the directives is made, Parliament should be given an equally influential role on the grounds that we are the citizens' representatives.
Our citizens cannot accept that the European Union takes decisions in a way that is, at least on the face of it, bureaucratic.
They need to see the political dimension working, to see that officials accept their responsibilities and that there is communication with the citizens.
This is what we are today asking the Commissioner for.
I would like to think that, given his previous experience as a regional President, he will agree to propose indicators, and a strategy, which will favour economic and social cohesion and not just productivity.
Mr President, I support the main proposals of the report concerning the administration of the Structural Funds and the Cohesion Fund for the period 2000-2006 and the main recommendations of the report which include the following: there must always be an integrated approach to the spending of EU Structural and Cohesion Funds. This means that there must be a comprehensive partnership between local authorities and national governments with regard to how these funds are to be spent.
Member States are urged to attach greater importance to integrated strategies for revitalising relations between towns and rural areas. This latter point is of particular importance.
While urban renewal in our cities is very important we must always strike a balance in our policies between promoting rural development and improving the lives of city dwellers. We do not want to build a Europe of cities alone.
The Structural Funds have played a key role in the development both of urban and rural parts of peripheral countries, mainly through the upgrading of roads, water treatment and related transport networks.
This process will continue in accordance with the financial spending guidelines laid down by the EU leaders at their Berlin Summit last year, which were supported by Parliament at its last May plenary part-session.
Key EU programmes between 1989, 1993, 1994 and 1999 have certainly helped to improve the economic competitiveness of peripheral countries and Objective 1 regions within Europe.
The key now is to consolidate and make permanent the progress made to date. This would ensure that the peripheral countries and the ultraperipheral regions, the poorer regions in Europe, are in a position to operate successfully within the new euro currency zone, as well as within an ever-expanding internal market where the free movement of goods, persons, services and capital exist.
In conclusion, while key infrastructure projects have been supported by the European Regional Development Fund and the Cohesion Fund, we should remember that the European Social Fund has played a very important role in helping the less well-off in our society.
The Social Fund has certainly improved our third-level institutions, financed our post-leaving certificate programmes and put in place comprehensive schemes to help combat youth and long-term unemployment, assist early school leavers and promote higher standards of adult literacy.
Mr President, on numerous occasions in the past I have disagreed with the rapporteur on her approach to regional policy issues. This time, however, I actually agree with her.
Whether or not this will encourage her to continue along the same path, I cannot say. Nevertheless, I would like to commend her on her work.
The second point I would like to make is that we would have preferred it if the guidelines had been added to the regulation in the form of an annex, as we and Mrs McCarthy, as rapporteurs for the general regulation, had asked.
Unfortunately, this did not happen. Mr Bernié is not to blame for this as it was a matter for the previous committee.
I am raising the issue just to reiterate Parliament' s position.
Thirdly, we broadly agree on the general guidelines provided they do not deviate from the comments we have made so far.
They are particularly beneficial to the Member States, and I would particularly like to draw your attention to the emphasis the Commission has placed on the issues of sustainable development, job creation and, more particularly, on equal opportunities and transport issues.
Personally, I at least am totally in favour of the guidelines.
As an islander, however, I would like to express my dissatisfaction at the lack of recognition of island development.
This is not the first time that this issue has not been given the consideration it deserves. This has been an ongoing concern for the five years that I have been a Member of this Parliament, and I have raised the issue time and time again.
Commissioner, we shall continue to raise the issue, as Article 158, paragraph 1, of the Treaty of Amsterdam provides for an integrated policy for islands.
Therefore, the Commission should address the issue once and for all.
The time has come to implement the programmes, and so Member States should also assume their responsibilities and do their jobs properly.
As for us in Parliament, I would like to remind you of the code of conduct between the Commission and Parliament which was signed in May.
I am absolutely certain that this code will be observed and that Parliament will keep abreast of all the developments and details concerning the implementation of the programmes.
Mr President, Commissioner, in this minute and a half I should like, first of all, to congratulate Mrs Schroedter.
I know many have already done so, but she has indeed earned our praise for being particularly open and attentive to proposals from all sides, and I think it is this openness which has given her report the quality we see today.
I share the regrets she expressed, namely that Parliament has become involved rather late in the day as regards these guidelines, since by now the procedure for negotiations with the states is so far advanced that I cannot see this report having any sort of immediate effect, which in my view is a pity.
Consequently, I feel we must look to the future and establish guidelines for the mid-term review in 2003, and thus have an influence on the second phase of programming set to follow 2003.
In brief, I would like to say that we are entering the period when we are called upon to manage the programming for 2000-2006, which must be no routine period for the good reason that we have two major challenges to face.
The first is the harmonisation of national development policies and regional development policies.
Subsidies are not enough to ensure development when infrastructure and public services are lacking.
We must ask ourselves a fundamental question: how can we ensure that Union policy interfaces with the subsidiary national policies for regional development?
The second challenge is that of enlargement which will, of course, have a considerable impact, both in budgetary and geographical terms.
These are two areas of action which I invite the Commissioner to set up and in which I would ask him to involve us.
Finally, in this time of natural disasters, I would just like to mention the issue of the use of Structural Funds.
As you know, it is up to each State to redistribute part of the total appropriation.
Europe should not be completely absent, as the states tend to want.
Public opinion and the press nowadays accuse us of being unavailable to give a response, even though we are going to be funding a large proportion of the national operations.
I think we should be capable of saying this loud and clear.
I also think we should ensure, or ask Member States to ensure, that there is some publicity given to European aid whenever it is used to repair damage caused by natural disasters or accidents.
Mr President, the priority given to financial and monetary criteria reinforces the increase in inequalities of every shape and form.
As far as French planning experts are concerned, for example, the most probable scenario today is that of the entrenchment of regional disparities within each country.
Well, the Structural Funds have helped to apply a brake to this process.
Our project of a Europe that aims to satisfy social needs envisages the convergence of living conditions towards the highest common denominator. Its implementation would certainly require extending the scope of redistribution instruments such as the Structural Funds.
What we are proposing specifically is a unified capital tax, which would make it possible to boost the funds used to support the harmonisation of social protection systems and the reduction of working hours at European level.
The Commission, however, though bound to issue guidelines, does so only reluctantly and in a vague manner.
The report put forward today re-establishes its place in the political sphere. It is one of the steps towards a policy of employment and sustainable development.
This is what persuades us to vote in favour of it.
Mr President, I too would like to congratulate the rapporteur on her excellent work.
Over the coming years, faced with the challenges of globalisation and eastward enlargement, Europe will, more than ever before, require appropriate detailed guidance on how to plan and revitalise its economy.
To this end, Europe as a whole, and each Member State individually, will have to make optimum use of all available resources and capacities, including the Structural Funds.
For this to be possible, what we need from the European Commission are not just good intentions, but clearer guidelines and a firm commitment to monitoring the way these resources are used by the Member States.
For example, in recent years Italy has had problems in utilising the Structural Funds, mainly because of excessive bureaucracy, insufficient information and a lack of involvement of economic and social operators at local level.
There are, therefore, two points to which I would like to draw the Commission' s attention.
Firstly, we need to make the best possible use of consultation as a means of ensuring proper coordination and participation by all local and regional operators in decision-making, precisely so that imbalances and inequalities can be avoided. Secondly, a genuine effort is required to make administrative procedures simpler and more transparent, since, they are all too often unnecessarily lengthy and complicated, to the point of hindering access to the Funds.
This is something about which European small and medium-sized businesses, in particular, tend to complain.
I will conclude, Mr President, by saying that the failure of the Commission' s communication to focus on territorial pacts and, especially, methods of combating unemployment among women and young people, is cause for serious concern.
Mr President, like my colleague Mr Evans, it is a particular pleasure to rise and make my first speech to this House on this very important issue, especially since I represent a part of the United Kingdom, the West Midlands, which has hitherto benefited from Objective 2 funding in particular.
But the report before the House tonight is a prime example of how, if we are not very careful, we can produce very grandiose-sounding ideas that lack the substance to make them relevant to the people who benefit directly from them.
The report itself is well-intentioned but, as so often when we deal with these issues, lacks clarity of purpose and a sound basis for operability.
That is why I and my Group are proposing three key amendments and additions to the text, not to take anything away from the proposal, but to make it more relevant to those whom it is there to guide.
I would like to explain our thinking here.
Firstly, we are concerned with the proper use of the Structural and Cohesion Funds.
Past experience dictates that, as the elected representatives of the European taxpayer, we should, and indeed must, demand financial probity and transparency in the disbursement and auditing of this money, hence our amendments and additions relate to achieving what are known as "value for money" indicators in the grant-giving process.
Next, we all too often see vast sums of money being spent on projects whose outcomes will necessarily be unclear at the start of the programme period.
But at the mid-way point or end of that period there is no effective way of terminating the project if it has not proved successful.
Our additions therefore call for the provision of practical enforceable exit strategies so that not only can we have the requisite insurance against ongoing costs which are often loaded onto the taxpayer, but we also avoid the well-rehearsed syndrome of throwing good money after bad.
Finally, we call for a change to the balance and method by which the funds are disbursed.
There should be greater involvement of the private sector which will introduce financial reality as a perspective within the funding equation.
Also the type of project funded needs to be shifted away from small-scale revenue-based projects, which are hard to monitor, towards capital schemes where, in the majority of cases, the benefits are there for all to see.
That way the much-trumpeted need for transparency in the use of these funds and the temptation to draw unnecessarily in the longer term on the local tax base in areas where such projects are located will be diminished and the European Parliament will show how seriously it takes the need for such reform.
If these changes to the report are supported by the House today, I believe that they will move us forward in the next phase of achieving the historic objectives which the funds were set up to bring about, namely to assist - in a financially sustainable manner - those deprived areas of the European Union which need to be brought up to a decent standard of living, not by giving a hand-out but by giving a "hand-up".
I urge the House to support these changes.
Mr President, Commissioner, I too would like to commend the rapporteur on her report, which is a meticulous and substantive piece of work.
The European Union' s structural and cohesion policies are, without doubt, essential tools for creating the right conditions with a view to tackling and reducing the levels of economic and social disparity between the regions. Despite the steps taken thus far, these levels are still very high, and are unacceptably high as regards unemployment.
These policy objectives can only be achieved through their careful coordination and organisation on the basis of well thought-out and sensible guidelines.
Let us not forget that when these policies are effective, they also benefit European citizens by directly improving their quality of life.
Let us not forget either that greater consideration should be given to the islands and remote regions of the European Union because their geographical location is a hindrance to their economic and social development, unless of course the Commission is intending to build bridges or underwater tunnels linking them to the European mainland.
In closing, I would like to point out that the structural policies as a whole require greater flexibility so that they can adapt to changing circumstances and thereby respond to the new challenges and opportunities of the new millennium, for which we all hope for the best.
Mr President, Mrs Schroedter' s report undoubtedly contains several important observations, and I would like to congratulate her on that. However, I feel that we should be a little more concerned about the actual direction and outcome of the Community' s regional policy.
Quite briefly, structural policy does not ease the problem of mass unemployment in any way, rather it aggravates it.
The agricultural economy and agricultural regions have been irreparably damaged by the existing regional policy, which has had dramatic consequences on employment levels in rural areas and on the living conditions of farmers, particularly in the South.
Regional disparities are becoming much more marked within the Member States.
If we examine the data presented in the sixth periodic report, we will see that the last decade has witnessed a proliferation of regional disparities.
Little consideration, if any at all, has been given to the great problems facing the island regions of the Union whose shortcomings as regards infrastrucutres structure, transport, communication and energy has resulted in their gradual depopulation.
The Union' s economic and social policy is just as much to blame for that as its regional policy.
A large section of the Union' s population has strongly condemned this policy for being dangerous and anti grass-roots.
Unfortunately, the new guidelines seem to be heading in the same direction and there are no signs that things will change once they have been implemented.
Mr President, I would like to say a few words in order to highlight two points made in these reports which are of fundamental strategic importance to the way we see the Union.
The first is the fundamental, central importance that we continue to give to the principle of economic and social cohesion.
We are concerned to hear news that the Commission is taking this objective less seriously.
We still feel that economic and social cohesion is one of the Union' s fundamental objectives.
Secondly, I agree with what has already been said on the issue of the islands and I would also like to bring the outermost regions to your attention.
In future, we would like to see greater ambition applied to the subject of the outermost regions such as, in my country, the islands of the Azores and Madeira.
I would like to ask if the Commission is able to enlighten us on the reasons for the delay in the Commission' s report on the outermost regions, which has been long awaited by Parliament?
Mr President, first of all I would like to thank the rapporteur, not least for being willing to include in the report the suggestions we made.
Mr President, Commissioner, the guidelines are intended to help steer the Member States towards achieving the reform objectives contained in the programmes.
However, contrary to their claim to provide guidance, the Commission' s proposals in this respect are reminiscent to a far greater extent of a catalogue of possible measures within the scope of the various policy areas.
Nonetheless, their true purpose is to give direction and to set priorities.
I agree with the rapporteur that unfortunately the Commission document contains too little in the way of recommendations to the Member States on simplifying administration, and I support the calls for negotiations to concentrate on promoting a favourable climate for labour-intensive, small and medium-sized enterprises, on setting clear objectives for alternative sources of financing including provisions for risk capital and private financing, and on start-up help for companies including new information technologies and investment in innovative fields.
I am particularly in favour of a proposed amendment tabled by my Group to paragraph 10, to ensure an appropriate level of private sector involvement in the planning and implementation of the projects.
I should be very grateful, Mrs Schroedter, if you would actually include this proposed amendment in the part relating to subsidiarity in your positive deliberations.
Mr President, Commissioner, in the Committee on Employment and Social Affairs, we upheld unanimously the criterion that it was of strategic importance and a matter of priority to support the interventions of the Structural and Cohesion Funds which are working for a better opportunity for jobs for the unemployed and for equality between men and women.
Unfortunately, the excellent Schroedter report did not take account of this criterion, despite the fact that there is considerable evidence to show - as we shall see later in the Berend report - how, in fact, these funds are providing splendid assistance to the most backward regions in order to bridge the gulf that separates them from Europe' s most highly-developed regions.
They are growing, but only in terms of GDP.
They are increasing in competitiveness but they are not all experiencing an increase in wealth because there is no increase in employment and there are still differences in employment opportunities between regions.
Commissioner, please read the opinion of the Committee on Employment and Social Affairs and treat it as a matter of priority, because this is our citizens' greatest problem.
Please take account, in strategic terms, in the revision and in the allocation of reserves, of employment needs, because this, fundamentally is what the Structural Funds and the Cohesion Funds require.
Mr President, it is important that the guidelines head in the right direction and that they guarantee the effectiveness of the programmes of the crucial seven-year period 2000-2006 so as to ensure sustainable development and job creation, particularly for women and young people, and ensure a balance is struck between economic and social policy and regional policy.
It is particularly important to address those serious issues concerning urban areas, employment in rural areas, aid to agricultural regions and equal development opportunities for the islands of the European Union and for the Greek islands which, of course, comprise half of the islands of the Union, as stipulated in Article 158 of the Treaty.
Cohesion policy needs to be strengthened further because a Europe which totally disregards the standard of living in its regions can neither be reliable or viable.
Mr President, ladies and gentlemen, I would like to express my great interest in listening carefully to the comments, occasional criticisms and suggestions that some of you have just made in your speeches with reference to Mrs Schroedter' s report.
Everyone understands, Mrs Schroedter, ladies and gentlemen, the reasons and the time limits involved - and I shall come back to this point presently - and whatever the time limits or delays, since we are discussing this report right now, as the representative for the Commission, I consider that the report has been issued at an opportune moment with regard to the guidelines for 2000-2006 as it is now that we are starting the new regional programming.
Mrs Schroedter, you quite rightly pointed out that while it is chiefly up to the Member States and the regions to define their own priorities in development matters, European Union cofinancing of the programmes requires, and is the justification for, a situation where Community priorities as debated and approved in this House should also be taken into account in order to promote this Community aspect of economic and social cohesion which many of you forcefully pointed out.
So, ladies and gentlemen, I should like in a moment to return to the role and structure of the guidelines before mentioning the principal comments and criticisms that you, Mrs Schroedter, and the various Members of this House, have made.
Regarding the role and structure of these guidelines, Mr Hatzidakis, Mrs Schroedter and Mrs McCarthy mentioned that the purpose of these guidelines is to assist national and regional authorities in preparing their programming strategy for each of Structural Fund Objectives 1, 2 and 3 as well as their links with the Cohesion Funds.
This means putting forward the Commission' s priorities, based on past experience in implementing the programmes, as well as current Community policies relating to structural operations.
The objective is that these priorities should contribute to the better use, to the optimum and efficient use, as some of you have wished, of Community involvement, including, Mr Bradbourn, using, if necessary, the performance reserve which is specifically intended to encourage the optimum and efficient use of European public monies.
When I speak of optimum utilisation, I am referring both to the national and regional levels. And so, Mr Seppänen, I shall also mention at this point, speaking of the national level, the link with the Cohesion Fund.
This is the purpose of these guidelines.
Regarding their content, as you know, ladies and gentlemen of this House, they are focused on three strategic priorities that your rapporteur pointed out very clearly but, at the same time, very passionately, as I understood her presentation just now.
The first priority is to improve the competitiveness of regional economies in order to create, in all sectors, but especially in the private sector, as Mr Berend said, the maximum number of serious, worthwhile and permanent jobs, the competitiveness of regional economies, all regional economies, and in particular, Mr Evans, that of Wales, but not only of Wales.
And, because there are a number of you who have just pointed out what appeared to you to be an omission, let me also add the regional economies of the European regions handicapped by their distance from the centre, be they remote regions, island regions or, of course, the most remote regions which are, naturally, the most distant.
Perhaps I may inform Mr Ribeiro e Castro, who asked me about this, that, as I wrote to the presidents of each of these most remote regions, the Commission did indeed request an extension of several weeks before publishing its anticipated report.
Concerning the most remote regions, it was only quite belatedly that we received the memorandums from the various governments, but this is not necessarily an excuse, just an explanation.
We must therefore take these memorandums into consideration and produce an extremely thorough piece of work.
I myself took part in a meeting of the most remote regions on 23 November and, within the College, we considered that we would need several more weeks before being able to produce a report that dealt appropriately with the extremely serious problems and lived up to the expectations of these most remote regions. I would thank you for your understanding in this matter.
So that is the first priority, the competitiveness of regional economies.
The second priority, which several of you have stressed, Mr Puerta in particular, but there were others, not that I am mentioning them in any order of priority, is the strengthening of social cohesion and of employment, particularly by raising the profile of human resources far more so than in the past.
Ladies and gentlemen, we now have a European Union where the disparities between countries are observed to be less great, proving the effectiveness and worth of the Cohesion Fund, but where, at the same time, in relation to unemployment - as you wrote, Mrs Schroedter - an increasing gap exists between the 15 or 20 richest regions and the 15 or 20 poorest or most disadvantaged regions. This is a situation which is, as it should be, unjustifiable and intolerable.
As far as I am concerned - taking into account my own concept of the construction of Europe and regional development policy in particular - this is a situation which I find unacceptable and I have every intention, as far as possible, with your support, of dedicating all the appropriations for which I am responsible to this improved social, human and territorial cohesion, particularly in order to prevent what I once called in this House a two-speed Europe, a Europe of wealthy districts but, at the same time, a Europe of impoverished areas.
The third objective is urban and rural development, within the scope of a balanced territorial policy. In fact, the guidelines take two horizontal principles into account.
The first is rural development, and let me say, Mrs Schroedter, that I am including in rural development the matter of sustainable transport, an issue I have been involved in personally for a long time. I particularly remember the time when I was Minister for the Environment in my own country.
The second principle is that of equal opportunities, particularly for men and women, as well as the European strategy for employment and the context of economic and monetary Union.
Finally, and in order to respond to the concerns which you have expressed in this House, particularly yourself, Mrs Schroedter, in these guidelines we recall the importance and the definition of integrated strategies, for development or redevelopment, which, of all the priorities, offer the maximum opportunity to synergy, to the measures undertaken and to the establishment of a decentralised partnership. You expressed some concern about what might look like a lack of reference to this partnership, yet there is a clear reference to it on page 5 of the guidelines.
However, I do wish to mention - since you have asked me to do so - that, as far as I am concerned, this partnership - and I spent long enough as a regional administrator within my own country to be able to say this most sincerely - is a tool, one used to involve local brainpower, be it in the public sector, in the form of elected representatives, the social and educational sectors, associations, or in the private sector; a decentralised partnership, and let me mention in this connection, in response to Mrs Angelilli, the territorial pacts, which are one of the means available to this decentralised partnership.
These are the reasons why the guidelines are presented according to thematic priorities, since they must be taken into consideration, under each of the objectives, to different extents in accordance with the specific situations of each of the Member States and regions.
I should now like to respond briefly to a few of the comments you have made, ladies and gentlemen, and firstly on procedure.
It is true that consultation with Parliament has only come about at a late date.
Let me remind you that when the guidelines were adopted by the Commission, in the form of a draft in February 1999, in line with a new procedure intended to make it easier to present comments on this text, my predecessor, Mrs Wulf-Mathies, presented them to Parliament immediately.
Due to the elections to the European Parliament taking place around this time, however, Parliament was not able to undertake its examination of these guidelines until after the text had been definitively adopted, in July 1999.
Here in this Chamber, ladies and gentlemen, among you, I wish to assure you that in the negotiations for the programmes which are only just beginning - Mr Hatzidakis asked me a question about this - as far as Member States are concerned, your observations will certainly be taken into consideration.
And let me assure you, furthermore, that when the Commission adopts the guidelines with what we call the mid-term review in mind, in line with the regulations, then the point of view of this House, as expressed in this report, will also be taken into account.
Now to the form. On the subject of the role of the guidelines, Mrs Schroedter, you pointed out that this is the context in which guidelines on a number of European objectives, often very precise ones, should be provided.
I shall not list them all, but they include implementing intersectoral policies, increasing efficiency in the use of public funds, assisting the various partners in drawing up regional or national programming together, etc.
The Commission takes note of these, but several of these guidelines or these questions are related more to other documents, such as the Guide to the Reform of the Structural Funds or the methodological working document.
Drawing to a close, I should like to focus on a number of challenges which you reiterated, Mrs Schroedter.
I am thinking, for example, of the idea that these guidelines are not specific enough in their recommendations.
This claim that your report makes must be seen in the context of last spring' s negotiations.
The Commission kept to the actual text of Article 10 of the Structural Funds regulations, which stipulates that the aim of these guidelines is to provide Member States with broad, indicative guidelines on relevant and agreed Community policies. I actually quoted the text itself, in quotation marks.
Moreover, the guidelines may not substitute for the programming or the ex ante assessments which must be the tool used to specify priorities and the effectiveness of these programmes.
You then mentioned, Mrs Schroedter, the section of the guidelines relating to urban and rural development, pointing out that urban development was not sufficiently taken into consideration.
I find the opposite the case. I wish to confirm the great importance the Commission attaches, and shall attach, to the urban dimension of our cohesion policy.
Indeed, I had occasion recently to say as much to all the ministers responsible for urban policy at a meeting in Tampere.
As regards rural development, which a number of you brought up, particularly Mrs Redondo Jiménez, the guidelines are in line with the twofold objective mentioned by your rapporteur: a strong agricultural sector linked with increased competitiveness in rural areas, but also protection of the environment and Europe' s rural heritage.
It must, however, be stressed that the guidelines under discussion are related only to the Structural Funds, whose Objectives 1 and 2 specifically adopt the diversification of rural society as a priority.
And indeed, on the subject of the balance of rural society, let us not forget that there is also the new rural development policy cofinanced by the EAGGF Guarantee Section, aimed at promoting reform in European agriculture and supporting the multifunctional aspect of agriculture.
At this stage, I would simply like to say that I would like to see it integrated into the programming for Objective 2 rural areas, in the way that the EAGGF Guidance Section is for Objective 1 regions.
In any event, I appreciate the vigilance of your Committee on Agriculture and Rural Development in this matter.
Before concluding, I should like to tell Mr Savary that we are going to have a special debate tomorrow on the consequences of the storms which have struck France, Austria and Germany, in particular, in the last few weeks, and at the same time we shall once again be discussing, together with my fellow Commissioner, Mrs de Palacio, what lessons we might draw in the matter of the oil spillage which has also affected the coasts of France.
I shall therefore reserve the right, if you permit, sir, to give you my own opinion, which, to a great extent, matches your own recommendation regarding what action we might take to combat the oil spillage using Objective 2.
I shall remind you that the Commission is going to be approving the Objective 2 zoning plans for France, Sweden, Austria and Luxembourg tomorrow. We shall then have an appropriate tool for working, particularly in the majority of the regions affected by the storms.
Indeed, this is my reason for paying a personal visit the day after tomorrow to two of the French departments which have been severely disabled by the storms.
In conclusion, with thanks for your understanding, Mr President, I should like to thank you, Mrs Schroedter, for the quality of your work and that of the committee, and to tell you that I am very pleased, apart from a few differences in our assessments of the role of the guidelines. We have discussed this and I have attempted to clarify my point of view.
I am very pleased with the level of support offered by your House to the Commission in establishing these guidelines, which have been submitted to the Member States for information when establishing their own programmes.
This can only reinforce the concept based on a number of elements of good practice drawn from our experience of the current 1994-1999 programmes. I feel this augurs well for effective cooperation between our two institutions, at this time when programming for the period 2000-2006 is being undertaken, good joint working practice, which is, Mr Hatzidakis, backed up by something I am very attentive to: observance of the code of conduct which links our two institutions.
The debate is closed.
The vote will take place tomorrow at 12 p.m.
Social and economic situation and development of the regions of the Union
The next item is the debate on the report (A5-0107/1999) by Mr Berend, on behalf of the Committee on Regional Policy, Transport and Tourism, on the sixth periodic report on the social and economic situation and development of the regions of the European Union [SEC(99)0066 - C5-0120/99 - 1999/2123(COS)].
Mr President, Commissioner, this sixth periodic report on the social and economic situation and development of the regions of the European Union constitutes a milestone in the analysis of regional data and highlights the progress made in this area since the issue of the fifth periodic report.
I consider, however, that the mention of any real convergence of average regional development levels in Europe offers a somewhat over-simplified view of the situation and, unfortunately, this is often the message taken up in the press and in some speeches.
The Commission report generally relativises this observation, particularly when it refers to the social and economic situation of some regions of the Union in which I have a special interest, by which I mean the French overseas departments and, more generally, the most remote regions.
In this respect, I am pleased to see that the Committee on Regional Policy, Transport and Tourism has adopted one of my amendments calling on the Commission to devote a specific chapter in its next report on cohesion to the special case of the most remote regions and, more specifically, to consideration of the impact of the measures shortly to be adopted under new Article 299(2) of the Treaty of Amsterdam.
Finally, in my view, this sixth periodic report presents interesting arguments from the viewpoint of a real project for the balanced sustainable development of Europe, particularly when it outlines the importance of relations between the central areas of Europe and its more remote regions.
Even if the Commission is still reluctant to say so in too explicit a fashion, its periodic report demonstrates the urgent need to promote polycentric development of the Community area through the Union' s structural policies and within the scope of the approach initiated by the SEC.
Mr President, the Group of the Party of European Socialists in this Parliament agrees with the report that Mr Berend has just presented and congratulates the author, both on the quality of his conclusions and on his flexibility, which ensured that the different groups were able to incorporate amendments in committee.
It must be remembered that, currently, the European Union' s overall competitiveness is, in general terms, 81% of that of the United States of America and that this figure will only improve if the figure for our competitive units, that is the regions, also improves. Furthermore, this is at a time when technological development, economic globalisation and our problems, which are enlargement and the single currency, demand that the regions, as well as businesses and individuals, make more of an effort to be competitive.
The European Commission' s sixth report presents very valuable conclusions.
I shall summarise two of those highlighted by the rapporteur, one positive and one negative.
The first is that important advances have been made in regional and social cohesion throughout the Union and that the Community Funds have been a major, although not decisive, factor in reducing regional inequalities.
The negative conclusion is that the great effort made has been more efficient in harmonising the European regions' GDP and productivity than in harmonising its levels of unemployment.
It is therefore necessary to link structural financing more closely to job creation.
This, Commissioner, is the first commandment for the coming period.
Thus, Mr President, I ask my fellow Members to approve this report and I ask the Commission, as other speakers have done, to take good note of the conclusions of their sixth periodic report when they address the programming for the period 2000-2006.
Mr President, Commissioner, I would first like to thank the rapporteur for his excellent work and for having taken due account of the proposed amendments while the committee was debating it.
The sixth periodical report gives a basis for assessing the implementation of the Union' s regional policy aims.
The report shows that growth has been uneven, despite all our efforts.
Very rapid growth is continuing in Central Europe.
The strongest regional centres also continue to grow faster than the general European average, whereas many southern European and northern areas are developing considerably more slowly.
We now require an in-depth analysis of why regional policy is not producing the desired result in all areas.
Is the reason bureaucracy or is it because insufficient notice has been taken of interregional differences, long distances, climates that are too cold or too hot, sparse populations and austere conditions?
How can the Union respond to the challenges of global development in a way that the less developed areas can remain a part of that development?
It is also important to discover what the effects of Union enlargement will be on Structural Funds and the development of the Union' s more remote areas.
The Member States must also bear in mind their responsibility.
Some Member States have been in breach of the principle of subsidiarity and cut national regional funds when regional aid coming via the Union has been increased.
This has chipped away at the results that regional policy has produced.
In the future, we must also develop indicators so that measures can be targeted at the right time at the right place.
For example, uncontrolled migration has not been given sufficient consideration.
In this connection, too, weight has to be given to the decisive importance of SMEs as employers and forces behind regional development.
It is absolutely essential that companies in areas developing more slowly adopt the latest technology and know-how.
Our Group is in favour of adopting this report.
Mr President, Commissioner, the European Union' s regional policy has, until now, not been able to interpret, in any significant way, the existing differences in our inhabitants' incomes.
We have a serious situation in which in the European Union today, there is a genuine link between unemployment and poverty, as demonstrated by the very worrying fact that unemployment has reached, on average, 23.7% in the regions worst affected, regions which also happen to be poor areas, whilst in the 25 regions with the lowest unemployment, corresponding to the richer areas, unemployment stands at just 4%.
Given this situation, the report approved by Parliament must highlight the need for measures that aim unequivocally to fight relative poverty and unemployment: measures such as the appropriate use of structural funds for these purposes, which are often misspent, with centralised state policies and the modernisation of telecommunication and communication systems, with the particular aim of integrating the least developed regions into the Trans-European rail Networks, which are due in 2007.
There should also be measures that respect and develop the resources and capabilities of these countries' agriculture and fisheries, which are often harmed by the European Union' s own insensitive policies, as well as the promotion of active policies to create jobs, particularly for women and young people.
Only through the decisive application of this kind of measure will we be able to overcome social and regional inequality, which is not the historical product of inherent defects but of marginalisation and economic policies which have had harmful effects.
Mr President, Commissioner, Mr Berend' s report is precisely in line with the strategy determined by the European Commission inasmuch as the question of increasing competitiveness is brought right to the fore.
The overarching objectives of the structural funds such as job creation, boosting equality of opportunity, increasing the sustainability of employment and development, are only mentioned in passing.
This attitude appears to me to be unjustified. I would also ask that a great deal more emphasis be placed on these points in the seventh periodic report.
This does not mean that I do not see the need for competitiveness, particularly as I myself am an entrepreneur in an Objective 1 Region, that is in Brandenburg in the Federal Republic of Germany, and am only too aware of the problems and concerns of small and medium-sized enterprises.
It is absolutely crucial that parallel temporary measures be introduced in the Objective 1 Regions, that is to say job creation measures, special programmes for supporting employment opportunities for women and initiatives to help people set up their own business.
They are supported by appropriate European Union structural fund activities.
Supporting only the competitiveness of companies will never be able to compensate for the envisaged cohesion between economic and social development, simply because there is no basis for a self-supporting upturn in these Objective 1 Regions.
After all, the knowledge that economic development alone does not help to combat unemployment substantiates the fact than an increase of at least 3% in gross domestic product is needed to create any additional jobs at all.
Concentrating to the exclusion of all else on supply and demand-orientated economic policy is not the answer.
And those that do pursue such a policy must invest in expansion for the most part and, to a lesser extent, in rationalisation.
It is imperative for this to go hand in hand with a demand-orientated economic policy if we are to have any chance at all of improving the social situation in these areas.
The situation varies to an enormous degree throughout the regions. In other words, what is needed is a number of accompanying measures if anything at all is to be accomplished there.
For example, these would be measures for vocational training, for further education, for re-integrating people who have already been excluded from the production process, for the flexibilisation of working time and working time arrangements, in order to bring about a definite improvement in the integration of personal and social aspects and perhaps also to promote employment opportunities for women again.
Mr President, my compliments to the rapporteur for his in-depth report.
The key goal of the structural funds is to strengthen social and economic cohesion between the regions within the European Union.
By stimulating a diversity of investments, the European Union is endeavouring to increase the GDP per capita and to boost employment.
From the sixth periodic report on the regions, one can draw the hesitant conclusion that these incentives do not always have the desired effect.
The efforts made in order to drive up the GDP per capita in Objective 1 regions do not always result in such an increase, not really a satisfying result over a period during which, certainly over the past couple of years, there has been economic growth.
As indicated by the rapporteur, the effects of the structural measures, on the other hand, are minimal as far as employment is concerned.
Some reservation about the effectiveness of Community aid is therefore called for.
Also, the observation that the disparities between regions within Member States sometimes even become more pronounced raises serious questions.
Mr President, it therefore seems worthwhile and necessary to focus attention on both national and regional authorities, especially in connection with boosting employment. It is, after all, they who have most knowledge about the regions which fall under their remit.
By allowing them to develop tailor-made plans for the relevant regions and, if necessary, tying this in with financial aid, a higher return can be achieved.
Surely this must be the ultimate goal.
I am therefore in favour of the Commission delegating the practical details and implementation of measures to the Member States and regions.
Following on from this, it is probably also more meaningful, with regard to the financial aid to regions, to give Member States more say anyway.
By shifting the criteria from the regions to the Member States, we can avoid a great deal of problems later on.
Finally, I would like to draw attention to the position of the Central and Eastern European countries.
The report shows that, in general, they are a long way behind EU countries, especially in terms of GDP per capita.
With the planned accession of a large number of these countries in the foreseeable future, it is a matter of urgency to review the current structural policy.
I would like to take this opportunity to follow the example of others and call on the Commission to submit proposals for reform sooner rather than later.
Mr President, Commissioner, following close scrutiny of this report one cannot escape the conclusion that it was possible to fulfil the stated objective of the structural policy only in part.
For example, whilst the disparities between the regions have increased rather than decreased, there has been a certain amount of convergence between the Member States themselves in this respect.
Equally, unemployment levels in the worst affected regions barely fell at all, indeed they rose in some cases.
I wonder why it is that the structural funds are not employed more efficiently.
Even the accumulation of money from the cohesion funds and the structural funds has failed to have the desired effect in all regions and countries.
Since it is the declared aim of all politicians throughout Europe to reduce unemployment, then one must pose the critical question as to whether the policy employed is the right one or whether it would not be more appropriate to boost the competitiveness of the regions by appropriate measures such as increased support for research and development, improvements in infrastructure and raising the level of training.
Genuine structural reforms and a competition-friendly taxation policy are the cornerstones of a successful economic base.
If we do not wish to stand accused of pursuing a cost-intensive structural policy that does nothing to improve the unemployment situation in the long term, then the measures drawn up so far must be analysed.
We will only be able to say that the structural policy of the Union has been a success when we manage to create a sufficient number of jobs and when there is a significant reduction in the unemployment rate.
Mr President, Commissioner, my thanks go to the rapporteur for handling this very important report, because developments in the social and economic situation will decide to what extent the citizens of Europe will judge that we have been successful in our work.
This issue, which has an impact on their everyday life, is a key issue as regards EU credibility.
It has to be conceded that the EU has already aided, I would say quite magnificently, the development of poor countries.
I remember what Portugal and Greece used to be like when I drove through those countries for the first time twenty-five years ago.
In this connection, French speakers would speak of a "coup de chapeau" : in other words, I take my hat off to the EU.
The EU really deserves such a gesture, but differences between rich and poor areas within countries are still too great.
What is the result?
People react by voting with their feet and go where they can earn a crust.
Consequently, we have to build schools, hospitals, and the whole infrastructure for the same people in the same country many times over.
This is very costly and it also causes very great social problems.
Most people, however, would like to live in the area in which they were born and raised, if they were given the chance to, in other words, if there was work there.
We must give them this opportunity.
This is a moral obligation the EU and all of us have.
The solution, as I see it, lies in clearly encouraging entrepreneurship.
By entrepreneurship I do not simply mean the ownership of business, but creating will. I mean the attitude where a person wants to get on in life, whether he or she is an employee, the owner of a business or an official.
What is a fair society?
One in which someone from a modest background can get on in life so as to make life a little easier for his or her children.
In this way, positive development of the regions is also possible, because people will start business and will work if they are given the chance.
Finally, I would say that in this matter we should learn a lesson from America, where hard work is still in fashion and success is an indication of ability and not the object of envy, as it often is here in Europe.
Mr President, Commissioner, as my time is limited, I shall get straight to the point.
Firstly, let me make a statement of fact: the fruits of growth are not distributed equitably within the Union. The most remote regions, still hard hit by catastrophic unemployment rates, offer one example of this.
In Reunion, for example, the rate is 37%.
This is not a situation related to the economic climate, however; rather it is a structural problem, created by our remoteness, our insularity, in short, our own specific personality.
The principle of specific, exceptional treatment was envisaged in Article 299(2) of the Treaty of Amsterdam in order to deal with such cases. It only remains to put this principle into practice.
The Commission document expected to be ready in December 1999 was delayed until January, then February, and the initial thinking does not fill me with much optimism.
I therefore appeal formally to the Council and the Commission.
As regards taxation, state aid, the Structural Funds and defending our traditional products, practical measures characterised by daring and ambition must be planned as a matter of urgency. If these do not materialise, then, unfortunately, convergence and cohesion will remain no more than words for us, and it is to be feared that the structural policy undertaken in our regions, despite the size of the amounts committed, will end in failure.
Mr President, as all the previous speakers have done, I should like in turn to thank Mr Berend and congratulate him on the quality of his report.
Just like the previous report, this extremely competent and precise analysis, the recommendations it supports and your own comments, ladies and gentlemen, shall prove useful to the Commission in general and to the Commissioner responsible for regional policy in particular at this time when we are involved with the programming of appropriations for 2000-2006.
I should also like to make a few comments, firstly, Mr Berend, regarding the assessment you have made of this sixth periodic report.
You pointed out the quality of the report and you even wrote, if I am not mistaken, that it marked a real improvement in comparison with previous reports.
On behalf of all the officials of the Commission and my predecessor, Mrs Wulf-Mathies, I must inform you that we were very alert to the evaluation made by this House and by yourself.
The Commission was certainly very anxious to ensure, Mr Berend, that this sixth periodic report should show that progress had been made and a threshold crossed in terms of the quality of the analysis submitted to you.
I am thinking in particular of the contents of chapter 2.1 of this report, where the Commission examined in greater detail the economic definitions of regional competitiveness and attempted to analyse the extent to which this competitiveness may be supported, improved and influenced by factors which some of you - Mr Markov, just now, and Mrs Raschhofer - stressed very forcefully.
I am thinking of technological research and development, infrastructure provision and quality, human resources potential, small and medium-sized businesses and direct investment from abroad.
So much for the quality.
I do not wish to spend time right now, Mr Berend, going into details regarding my opinion of the general points which your House has already endorsed. Let me just itemise them: the first point concerns the usefulness of the conclusions of this report in drawing up the priorities of the new regional policy, particularly for the negotiation of programming documents with the Member States.
Secondly, partnership, a subject which a number of you stressed, the role of local and regional authorities, the private sector, both sides of industry, associations and local community action groups.
Regarding this problem of partnership, I shall be extremely attentive to ensuring that the terms of the Structural Funds regulations are applied properly.
Thirdly, the need to develop the employment side of growth, even though I am aware, as Mr van Dam just said, that the prime responsibility is that of the Member States, and that, when we speak of the responsibility of Member States, and indeed of the usefulness or effectiveness of this regional policy, we must clearly establish what sort of period we are working in.
Mr Fruteau stated just now that the fruits of growth were distributed inequitably.
Mr Fruteau, we at least need to recognise that there is growth, and that we are not working in a period of stagnation or recession, as has been the case in the past.
You will tell me that situations of growth or shortage do not affect everyone alike. I agree with your analysis.
When there is growth, it must be better distributed, but a matter that is even more difficult and which more seriously affects the regions handicapped by their remoteness, be they the most remote or island regions, is the lack of growth which generally characterised the last two decades.
Fourthly, a point which Mrs Hedkvist Petersen stressed just now, the promotion of an equal opportunities policy for women and young people.
Fifthly, the importance and role of small and medium-sized businesses. Mr Vatanen expressed this most forcefully just now.
Finally, the positive effects on national administrations of the system of management of the Structural Funds, the motives of officials in managing these funds, even if it is occasionally complicated, and the importance of once again making improvements to the procedures for the evaluation, follow-up and supervision of the Commission.
In relation to this, I must inform the European Parliament of my intention to organise halfway through the year 2000 a seminar with national and regional authorities on this question of the evaluation of procedures for the exchange of good practice in the management of Structural Funds.
I should like to mention a few specific points.
Mr Berend, you expressed a wish that zoning should be implemented quickly.
Well, we are coming to an end of the zoning phase. Tomorrow, the Commission is to decide on the matter for four more countries and very soon, I hope, it will be Italy' s turn.
You may therefore be satisfied on this point, since zoning will have been completed for all the countries affected by Objective 2.
Regarding the informal economy you mention in your report, I am well aware that the analysis and production of statistics on this subject are dependent on the reliability of data and, as Mr Cocilovo mentioned, there is clearly a problem with the reliability of this data.
To a certain extent, they are taken into account in the statistics on GDP and labour force surveys and, in any case, I wish to point out the efforts which Eurostat is making and shall continue to make in order to improve the quality of the statistics.
Mr Berend, you also mentioned, as did Mr Aparicio Sánchez, the lack of reform in the fisheries sector.
On this point which is of personal interest to me, let me remind you that the small scale of this sector - and this does not necessarily mean that it is an insignificant area - and its concentration in a limited number of regions do not make it easy to analyse in a regional context.
This type of sectoral analysis pertains rather to the practice and competence of the Directorate General for Fisheries, under Commissioner Fischler.
Nonetheless, I must assure you that the Commission will make every effort to include an analysis of this type in the second report on cohesion which, no doubt, will respond better to these concerns.
Several of you mentioned points which must be included in the second report on cohesion, and your rapporteur mentioned some of these.
I wish to assure you, firstly, that the merging of the periodic reports and the report on cohesion should not entail any loss of information or loss of interest as regards the content of the report on cohesion which is, as far as I am concerned, Mr Berend, an extremely important instrument, not only to provide information on what has been achieved in a transparent and rigorous manner, so that future guidelines may be examined or evaluated, but also to create a public debate involving the citizens of Europe and, furthermore, with the elected representatives, i.e. yourselves, on the subject of this regional policy and what might one day be a European regional planning policy.
In any event, I have taken note of your wish to see the following points included in the report: the definition, compilation and analysis of representative indicators for the region and for all the countries of Central and Eastern Europe; a chapter on the islands and most remote regions which several of you mentioned, particularly Mrs Sudre and Mr Fruteau; analyses on the competitiveness of the regions in the countries of Central and Eastern Europe. This will constitute a great challenge to us all, for you and for the Commission, in the next few years.
And finally, there are the cross-border aspects. I shall endeavour to comply with your recommendations on all these points.
Finally, I should like to mention a few political conclusions which you are, in any case, familiar with, but whose main elements I should like to reiterate.
Ladies and gentlemen, considerable progress has been made on the road to real convergence, particularly for the four cohesion countries, but also frankly, Mr Pohjamo, for the Objective 2 regions which had suffered some delays in terms of development, especially regarding infrastructure.
This is my first point regarding the policy.
My second point regarding the policy is as follows: the Structural Funds have made, and continue to make, a significant contribution to the convergence process.
All the macroeconomic models we are working on show that, over the last decade, more than one third of the convergence achieved in the regions whose development is lagging behind would not have taken place without the Structural Funds.
I have, however, taken note, particularly with regard to the most remote regions, Mrs Sudre, Mr Fruteau, and Mr Nogueira Román too, that your observation is that there is still much to do - and this is my third point regarding the policy - in terms of improving employment take-up aspects, the fight against social exclusion, which is particularly serious and intolerable in many of our regions, and the integration of women and young people into the labour market.
Now to my fourth point regarding the policy; enlargement of the Union, the great political and humanist project of the coming years for our institutions, the major challenge, too, for the European policy on cohesion, a point which Mr van Dam highlighted.
I shall say that something is already taking shape in Berlin and in the financial instruments available to us which may be a policy on cohesion for the first countries who are going to join us.
I am thinking in particular of the pre-accession structural instrument, which I shall be responsible for implementing in the next few weeks.
You see, ladies and gentlemen, we have only just initiated the new programming and we are already considering together the impact of the Union' s enlargement on our structural policy.
This sixth periodic report which you assessed as positive on the whole, Mr Berend, is a good basis for our thinking, for us all and for myself.
I should therefore like to thank you most sincerely for your contribution to the thinking which we are already engaged in with regard to the forthcoming guidelines, as well as for the proper application of the guidelines for the period 2000-2006.
Adoption of the Minutes of the previous sitting
The Minutes of yesterday' s sitting have been distributed.
Are there any comments?
Mr President, I respond to an invitation yesterday afternoon by the President of the House to speak on behalf of my group on a matter referred to in the Minutes. I refer to item 11 on the order of business.
Firstly, I believe the issue raised by the President of the Socialist Group yesterday about the reinstatement of the debate with the President of the Commission on the five-year strategic programme was sufficiently important for other speakers who wished to comment briefly on that matter to have been accommodated.
I wish to express that view even if I respectfully disagreed and voted against the proposal of the President of the Socialist Group.
The second point I would like to make - and which I would have wished to make yesterday before the vote - is that this Parliament, as other speakers remarked yesterday, can only really have an effect if it works in close cooperation and synergy with the European Commission.
We should also have the humility to recognise that, if we wanted to have a strategic debate accompanied not just by a presentation and elucidation by the President of the Commission, but also by a five-year programme, we should have the mechanisms in place more than just a week in advance of the debate in this House, so as to be able to discuss and convey in due time to the Commission what our wishes were.
There is one basic lesson I would like us to learn from this.
When there are major set-piece debates scheduled between this House and the European Commission in the future, we should clear all of our lines on what are our mutual expectations at least one full working month in advance. There needs firstly to be clarity between all of the groups of this House and then between this House and the Commission.
We should not find ourselves late in the day in the unfortunate position where the one or other institution creates an unnecessary fracture in institutional relationships.
Looking at some of the press reports of last Friday, I believe that the Commission and its President exercised commendable self-restraint in the way they commented publicly. That is something for which I have a deep appreciation.
I hope that we will learn the lessons and not repeat this unnecessary exercise which I believe was founded on a misapprehension as to what was expected rather than any bad faith on the part of either of the two institutions.
It should not be dramatised into something more than that.
Thank you very much, Mr Cox.
I understand what you are saying. We have taken note of this.
Mr President, concerning item 11 of the Minutes on the order of business, we agreed yesterday to have the Bourlanges report on today's agenda.
However, it was withdrawn from the Committee on Budgets last night without being discussed or voted on.
It therefore needs to be withdrawn from today's agenda.
Mr Wynn, that makes sense.
The report is hereby withdrawn from the agenda.
Mr President, regarding Mrs Lynne's comments yesterday about health and safety in this building, I presume she was talking about the drains because there is a dreadful smell of drains on the fifth floor in the Tower.
This needs to be looked into because it is clearly an indication that something is seriously wrong.
I do not want to drag up the issue of this building endlessly, but this is a serious problem.
Mrs Ahern, we have taken note of this.
I would ask you to bring this specific case, which has to do with the ventilators on a particular floor, to the attention of the Quaestors, who are, in fact, responsible for the matter.
We will also pass this on to our services, however.
Thank you very much.
(The Minutes were approved)
Reform of European competition policy
The next item is the joint debate on the following reports:
A5-0069/1999 by Mr von Wogau, on behalf of the Committee on Economic and Monetary Affairs, on the Commission White Paper on modernisation of the rules implementing Articles 85 and 86 of the EC Treaty [COM(1999) 101 - C5-0105/1999 - 1999/2108(COS)];
A5-0078/1999 by Mr Rapkay, on behalf of the Committee on Economic and Monetary Affairs, on the European Commission' s XXVIIIth Report on Competition Policy 1998 [SEK(1999) 743 - C5-0121/1999 - 1999/2124(COS)];
A5-0087/1999 by Mr Jonckheer, on behalf of the Committee on Economic and Monetary Affairs, on the seventh survey on state aid in the European Union in the manufacturing and certain other sectors. [COM(1999) 148 - C5-0107/1999 - 1999/2110(COS)] (Report 1995-1997);
A5-0073/1999 by Mr Langen, on behalf of the Committee on Economic and Monetary Affairs, on the Commission Report on the implementation in 1998 of Commission Decision No. 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry (Steel Aid Code).
[COM(1999) 94 - C5-0104/1999 - 1999/2107(COS)].
Mr President, Commissioner, today we are engaged in an important debate about the European Union' s competition policy.
We are debating a highly controversial modernisation proposal for European monopolies law, that is Mr von Wogau' s report, and it is far more controversial than the vote in the Committee on Economic and Monetary Affairs may have given us reason to believe.
I want to make it quite clear that in this specific case I personally consider the Commission' s proposal to be wrong and feel that it remains to be seen as to whether we are truly justified in using the term "modernisation" to describe the content of Articles 81 and 82 of the White Paper, or whether in this case it would be more appropriate to use the expression "retrograde step" .
However, we are also discussing the aid report today and the general competition report for 1998, and my contribution to this joint debate relates to the latter.
But, of course, both the competition report and the aid report share common ground in this White Paper.
It is all about the need for modernisation and the future viability of the European competition policy.
On reading both Commission documents, one learns that 1998 was the year in which the modernisation proposals introduced in 1997 were pursued and even partially completed, which is something our own ongoing parliamentary work has taught us.
Allow me to make two fundamental comments at this juncture. As the competent authority, the Commission, with its logically consistent approach, has again and again served the cause of freedom of competition, not always to the delight of the Member States or enterprises concerned.
It should continue along this path.
But, Commissioner, none of this is to become less complicated in future - one only has to think of the challenges posed by the enlargement of the Union, the deepening of the internal market, technological progress, globalisation.
Indeed, it is not just about modernisation of Community law, more than anything it is about transparency of decisions taken in individual cases, about the possibility of decisions actually being able to implement decisions, for the European competition policy will be dependent on the population' s acceptance, together with that of the political bodies and enterprises concerned.
Only, without transparency there will be no acceptance, indeed there can be no modernisation without transparency.
The competition report 1998 is not a bad foundation for this but, in fact, there is nothing that could not be further improved upon.
Our motion will give you a great deal of food for thought, Commissioner, but there is one point that I would just like to go into now.
Transparency and accountability belong together.
I do not wish to call the distribution of competences between the Commission and Parliament into question.
The Commission is the executive and Parliament ought to have no desire whatsoever to take on this role, for the sake of its own independence; but Parliament is a supervisory body, and what better forum could there be in which to expound the reasoning behind one' s decisions than a democratically-elected Parliament, indeed an ongoing parliamentary discussion?
Here too we should continue along the path we have chosen, strengthening and intensifying it.
There is one thing I would like to make quite clear though. Parliament is a legislative body, but the fact that we have no more than the right of consultation in matters of competition law, of all things, is truly scandalous.
Therefore, I would urge the Council and the Intergovernmental Conference to introduce the codecision procedure into legislation in this area.
I expect the Commission to exploit every available opportunity for parliamentary cooperation and to involve Parliament in doubtful cases, even given the Treaty status quo.
I also expect the Commission to be pro-active in supporting us in our call for codecision in legislative procedures.
This will be a good test as to whether there is reasonable cooperation between the two institutions.
With all due respect for the principle of competition, competition is not, however, an end in itself. Competition is an instrument and does not always produce ideal solutions.
At the end of the day, one of the fundamental tenets of economic theory is that the market is failing in many respects and anyone who takes issue with this is nothing more than an ideologue.
Competition should bring about balance in supply and demand and should provide for the optimum distribution of economic resources and facts.
But optimum efficiency does not necessarily come about of its own accord.
Framework conditions are indispensable when it comes to preventing abuses, monopolies law being one example.
But on the whole, this only serves to prevent abuses; framework conditions alone cannot achieve socially legitimate goals in isolation.
Competition yes, restrictions in state aid where necessary and where possible.
However, since state aid forms the lion' s share of the competition report 1998 I would still like, regardless of Mr Jonckheer' s report, to say one more thing about it. It is certainly possible, indeed it must be feasible for state aid to be given to small and medium-sized enterprises involved in research and development for the purpose of educating them in regional and environmental policy.
Indeed it must be permissible for state aid to be provided for such purposes, provided it does not lead to unacceptable distortion of competition.
This is precisely the area where it is even more important than it is in monopolies and mergers law for decisions to be comprehensible.
It is not just that we should pillory state aid; rather our approach must be one of drawing distinctions and we must assess the different types of state aid in accordance with the extent to which they help to achieve the above-mentioned objectives.
My last comment was intended not so much for the Commission as for the Members of the Group of the European People' s Party.
Mr President, Commissioner, ladies and gentlemen, the report which I have the opportunity to propose to you today is an opinion on the Commission' s Annual Report on the state aid in force within the European Union and for which the Community is authorised under Articles 87, 88 and 89 of the Treaties.
The Commission report is essentially a descriptive report detailing the development of state aid in the manufacturing sector and certain other sectors, according to various typologies, such as the method of financing and the objectives pursued.
Let me refer you to the explanatory statement for the quantitative aspects of the report and simply mention at this point that the annual level of state aid, on average, for the period under review, is in the order of EUR 95 billion, corresponding to a reduction in the order of 13 % in relation to the period 1993-1995, a reduction which is essentially due to a reduction in aid in the Federal Republic of Germany.
To put it plainly, the level of state aid declared, roughly speaking, is generally stable during the period under discussion and comes to approximately 1.2% of Community GDP or more or less the equivalent, coincidentally, of the Community budget for one year.
This being the case, there are considerable disparities between states, which may be measured in various ways, such as, for example, as a percentage of added value and per wage earner.
I think it is also interesting to add state aid and Community aid, which may be assimilated in some way into state aid.
This clearly shows that it is the four countries which benefit from the Cohesion Fund, among other things, which come at the top of the list.
This being the case, let me now come to the proposals made in the report.
We note, first of all, that the committee considers the data, as presented in the Commission' s annual report, to be in too aggregated a form to enable an in-depth evaluation of state aid policy which is simultaneously legitimate, sensitive to national interests and extensive in terms of compliance with the rules of competition, pursuant to the actual terms of the Treaty.
The Commission can only collate and analyse the data provided by the Member States.
It is therefore down to the states and regions to ensure the quality of the data provided, and our committee considers that additional efforts must be made in this respect.
It is in this spirit that our parliamentary committee for example, has championed the longstanding idea of a public register of state aid, accessible via the Internet.
Having better, more detailed information available, particularly with regard to the objectives pursued and the results recorded, must make it possible for the European Commission to itself proceed or to commission in a regular manner studies of the social and economic evaluation of national and regional state aid policies.
And insofar as such studies already exist, to publish more openly its own comments with regard to the objectives of the Treaties, which are not only to ensure the competitivity of the European economy, but also sustainable development and economic and social cohesion.
By stressing, primarily, the quality of the information provided, our debate in committee, and hence the report which it is my honour to present to you, avoided a simplistic response in the form of an a priori statement that the level of state aid was, in absolute terms, either too high or not high enough.
Most committee members have sought rather to find a balance between, on the one hand, the need to see that both states and businesses comply with the competition rules and, on the other hand, acknowledgement of the value of such aid with a view to contributing to the objectives of the Treaty, particularly, as I have said already, as regards sustainable development, research and development and economic and social cohesion.
This being the case, various amendments to the rapporteur' s initial draft report were adopted in committee, particularly highlighting the need for effective reimbursement of aid found to be illegal as well as the establishment of a league table of results.
Seven amendments have been retabled for this plenary sitting.
Most of them are an expression of the political differences among ourselves regarding the appropriateness and effectiveness of state aid, in view of the inadequacies, acknowledged or not, of private investment alone, the market failures or inadequacies of the market.
There is in particular one amendment, let me point out, concerning the energy sector, which, in my capacity as rapporteur, I see as particularly important.
I should like to conclude this presentation, Commissioner, by stressing two things: firstly, a concern of the members of the committee and, secondly, a demand of our committee.
The concern involves the pre-accession process for the countries of Central and Eastern Europe, in terms of competition policy and state aid.
This is undoubtedly a complex issue, and one where we should like to see the Commission informing us of the latest development in the matter, particularly in terms of the capacity of the economies involved in the accession process to comply with competition rules and, as far as state aid is concerned, the need, in all probability, to have specific rules on state aid used to assist restructuring of their sectors.
And finally, in conclusion, our demand regarding the future responsibilities of the European Parliament in the matters we are discussing, competition policy and state aid, in the context of the Intergovernmental Conference.
As you know, Commissioner, our report argues that the codecision procedure should apply in the case of basic legislation on state aid.
Mr President, Commissioner, my contribution to today' s debate concerns the steel aid code, that is the state aid in Europe granted in accordance with this code and which was assessed by the Commission.
There were a total of 27 cases in 1998 and the Commission submitted its own report on these.
The ECSC Treaty is due to expire shortly.
Hence, what we must focus on today is the question as to how state aid is to be managed in future.
The European Commission' s decisions, which feature in the report, are welcomed by the European Parliament, as is the decision to ask for the money back in specific cases, thus applying Article 88 of the ECSC Treaty.
The competitiveness of the European steel industry also forms the subject of the Commission' s most recent communication, which we have not yet debated in Parliament.
As in other sectors, the general ban on state aid according to Article 87 (1) of the EC Treaty also applies to the iron and steel industry.
According to this article, state aid is irreconcilable with the common market, in principle.
Exemptions are only permitted in precisely defined cases.
Under Article 88, the Commission is obliged to supervise state aid.
In 1998, the largest case concerned the supply of company capital totalling EUR 540 million to the PREUSSAG in Germany.
Furthermore, the Member States must give the Commission advance warning with regard to their intentions concerning state aid.
The rules pertaining to the steel industry were drawn up on 18 December 1996.
These stipulate that state aid can only be awarded to the steel industry in particular, precisely-defined cases i.e. those involving aid for research and development, aid for environmental protection, social security to ease the closure of steelworks and aid to help non-competitive enterprises cease trading altogether.
In addition, there is a special provision of up to EUR 50 million for Greece.
However, there were obviously problems with the practical administration of the steel aid code over the past few years that were not brought fully to bear in the report.
As far as Parliament is concerned, it is important for us to waste no time in getting down to a debate on the regulations that are to succeed this state aid code once it has expired.
There must be no watering-down of the existing principles underlying the steel aid code.
No one wants an unimpeded subsidy competition in Europe.
This would be to the considerable disadvantage of the internal market, regardless of the fact that the steel industry has undergone consolidation in the past few years.
Consequently, Parliament believes it is necessary for the steel aid code to be amended in the light of the industry' s claims about unequal treatment, and for the Commission to provide the Council with follow-up regulations.
We all know that so far the Council has dragged its feet with regard to follow-up regulations of this kind.
The reason for this is that people are under the impression that once the steel aid code expires, they will be able to do their own thing again without the inconvenience of the European Commission' s supervision.
We therefore demand that once the Treaty expires, steel aid must be regulated by a Council regulation according to Article 94, for that is the only way to create the necessary legal validity and clarity.
This is the only way to enforce the strict ban on all aid not covered by the code.
A Council regulation that is directly applicable law must also be observed by the regional governments.
What we need to avoid doing in the future is compromising competition conditions and disturbing the balance in the markets.
We also need to criticise the Commission' s practice of approving multiple aid packages for steel enterprises which in their view, do not fall within the categories of the code, even given the fact that the European Court of Justice approved this unequal treatment where certain individual decisions were concerned.
The Commission will be called upon, in a report that has yet to be compiled for the year 1999, to give a detailed explanation of its active role in the elaboration of restructuring plans and approved exemptions, thus enabling a proper assessment of the overall situation to be made.
Once the Committee on Economic and Monetary Affairs has adopted the draft report unanimously with two abstentions, I would ask that we make full use of this opportunity, which we have ourselves created, in plenary sitting.
Mr President, ladies and gentlemen, the internal market is not complete.
Subsidies, monopolies and barriers to competition are still impeding markets and development alike.
National governments provide subsidies and promise that this is the last time, but then it happens again.
Subsidies distort allocations, both within and between countries.
A successive phasing out of State aid is required, and more and more markets must be opened up to competition. This applies to those which have been turned into monopolies, both private and public.
Public monopolies are, more often than not, phased out reluctantly.
Increased competition and newly established organisations should be able to provide significant benefits in terms of welfare, including within the spheres of education, health care and social services.
Public monopolies must be replaced by competitive structures.
Europe must be modernised, made more entrepreneurial in spirit and adapted in such a way that it becomes a more competitive environment for consumers and companies.
Effective competition pushes prices down and raises standards of living.
It is precisely upon price levels that consumer policy has failed to focus sufficiently. In fact, competition policy and consumer policy belong together.
The internal market is the basis for our work.
Its legislation is to apply equally to all, to large and small countries alike. A systematic survey of the various national regulations is needed if barriers to competition are to be dismantled.
The EU' s own regulations too may therefore need to be analysed.
The new model now being tested by the Commission ought not to lead to a process of nationalisation pure and simple which would undermine the established competition policy.
In order to be effective, it must be well anchored in the Member States' national authorities.
In six months' time, it may be appropriate to carry out an analysis of the outcome and also to look more closely at the new situation' s effects upon the Commission' s role.
The question of how best to make further progress has so far been solved through the idea of holding an inter-institutional congress which will open up an unbiased debate adopting a broad perspective and involving representatives of different interests.
This will provide the opportunity to establish new principles or to return to the more radical changes which have been discussed.
There will also be the opportunity to find new common solutions and to analyse amendments from the committee debate.
The law must be correctly applied in matters of competition.
Wrongly applied competition policy may cause losses in the legal sphere and interfere with the right of ownership, which is an important and basic principle we should stand up for.
We have a quite exciting debate in front of us.
A conference where the issues are properly debated will make it possible to straighten out misunderstandings, at the same time as perhaps improving upon certain points.
Parliament and the Commission can together increase their efforts to achieve an effective competition policy and so create new opportunities and new resources for our citizens.
In fact, in my own constituency of Stockholm, we have many good local examples of increased supply and improved quality which have arisen precisely because of exposure to competition in areas which were previously total monopolies.
We would encourage a continuation of the open debate which has been strengthened in the course of consideration of the reports by Mr von Wogau and Mr Rapkay.
We hope that the legal points of view will also be accorded the importance which is only reasonable in a state based on the rule of law.
Mr President, as a new Member I am pleased to be able to make my maiden speech here today, even though there has been a delay.
I would like to begin by thanking the rapporteurs Mr von Wogau, Mr Langen, Mr Rapkay and Mr Jonckheer, as well as the Commission, for their excellent cooperation.
Competition is certainly fundamental to the social market economy and European competition policy is a success story; take the energy and telecommunications sectors, where there has been a demonstrable lowering of prices and improvement in quality of service. All this is to the good of the consumer.
But we have now arrived at a point where we need to develop competition policy further.
The Commission has put forward a new White Paper on this containing two key points: dropping the obligation to notify and retrodisplacement of law enforcement.
Dropping the obligation to notify will mean less red tape and administration costs, at any rate.
At the same time, this change of system will also lead to more onus being placed on the individual in the business world, of course.
It will no longer simply be a case of submitting papers and having them approved; for one thing, each person will have to take responsibility themselves, and that is probably why there is unease about this in other quarters.
However I believe that we should use this opportunity for Europe to set down a marker for less red tape.
The second point relates to the retrodisplacement of law enforcement.
If we are to create a culture of law in Europe, then there is no doubt that the law must be applied not only by the Commission, by central bodies, but also by national authorities, by national courts.
We are not discussing the fact that although every EU law is only ever decided on centrally, it is precisely the adaptation phase where we will experience a lack of legal certainty.
It will certainly be necessary to develop an instrument for this in the anticipated legislative procedure that will enable enterprises to enjoy legal certainty and to have recourse to the Commission in this matter.
The way to a European monopolies commission must be kept clear, something that will certainly form a subject for future discussion.
But we need there to be more transparency in the competition policy.
Parliament must have more involvement and I also believe that if we were to introduce a register in which we could ascertain what state aid is being granted, then this would encourage the Member States to be more disciplined.
However, when it comes to what the future holds for competition, there are two issues dear to my heart.
One is subsidiarity.
We all hold the view that competition is vital to the economy and requires there to be efficiency, and I believe we should also permit competition in the regions. Competition between the regions will certainly strengthen rather than weaken the European Union.
I would cite, by way of example, the issue of job creation schemes, savings banks and regional banks, and Gütesiegel. Here, a region has, by its own efforts, created a means of marketing its own products.
This own initiative must not be destroyed by European intervention.
I believe there is also a need to raise the de minimis regulation.
We should do everything within our power to force the regions into a situation where they have to compete with each other.
My second point relates to discussion about competition and the social market economy, although I am not going to talk about market failure just now.
I have already referred to the regional and savings bank sector, but I would just like to focus on a matter one hears again and again in certain quarters.
These days, someone who lives in an old people' s home is accommodated within the social field.
However, I could also regard them as a customer, and I believe we should enter into rather clear and timely discussion on the ways in which the social field, that is evolved structures, stifle competition.
Apart from that, I could refer to any customers, any sector, as customers, and thereby have a highly destructive effect on social fields.
To conclude, I would just like to say something on the principle of subsidiarity. I believe it to be of vital importance that where Member States allow regions and local authorities to raise taxes, they should continue to be able to do so and not be subject to across- the-board regulation by Europe.
Mr President, Commissioner, I am speaking on behalf of my fellow Member, Robert Goebbels, who is unable to attend due to a political commitment.
Within the Committee on Economic and Monetary Affairs, the Jonckheer report has given rise to bitter controversy on the subject of the operation of the market.
A slim right-wing majority succeeded in removing any reference to market failures.
Even if the majority in this House were to adhere to this ultraliberal idea of a supposedly perfect market, it would not make any difference to the real world.
Economic relationships in the real world adequately demonstrate that eliminating all public intervention in the market does not in any way bring about perfect competition and the optimum distribution of resources.
While, since the dawn of time, the market has been the key forum for human interchange, it has never been perfect.
The market favours the short term and immediate profits.
On the market, the balance of power between supply and demand are generally to the detriment of the weakest parties, consumers and workers.
In order to function, the market needs rules.
The necessary and valuable spirit of initiative must be offset by a sense of responsibility towards society.
We European Socialists are in favour of a market economy with a social purpose.
The market is not an end in itself; it must help to improve the human condition.
The European Union or individual States must not take over from economic operators, but public authorities must define the rules and objectives which enable the economy to develop in a sustainable fashion.
Finally, aid can enable restructuring, offer training, save jobs and thus know-how.
The main objective of the Union' s competition policy cannot be to reduce the overall level of aid.
This aid must be aligned with the objectives of the Union, particularly economic and social cohesion, sustainable development and research.
The Commission must track down the illegal aid and the aid which actually hinders the internal market.
It would be a serious mistake to eliminate all public aid.
The Internet is not a product of the market, but the result of research financed by the American army.
The World Wide Web, which has enabled the meteoric development of the information society, was developed by CERN in Geneva, once again with public aid.
The German Government' s intervention to save the Holzmann group was criticised as an unjustifiable constraint upon the market economy.
President Duisenberg even attempted to attribute the weakness, the entirely relative weakness of the euro in relation to the dollar to this state interventionism.
I did not hear Mr Duisenberg criticising the intervention of the American monetary authorities to save the hedge fund, LTCM.
Wishing to save 60 000 jobs is, apparently, a sin against the market, but saving capital does not seem to present any problem for the advocates of the free market.
Public monies are used in order to repair the damage caused by international speculation, as was the case in Mexico, Asia and Brazil.
Human labour, on the other hand, is considered to be a simple factor in the equation.
We Socialists reject the liberals' naïve optimism on this point.
We want a true culture of competition in Europe.
The state hand must still be clearly seen to regulate the market and the Commission must act as judge.
Mr President, Commissioner, I want to begin by thanking Mr Rapkay for a good report and constructive cooperation.
I want to thank you, Commissioner Monti, for your outstanding cooperation and I want to tell you that, as we enter the new millennium, you have an especially important role.
It is your job to tidy up the mess left by national governments. These may well have grand visions when it comes to competition policy, but their capacity to wreak havoc seems boundless.
Let me mention the latest examples we have seen: Holzmann, a company which receives considerable aid from the German Government; sawmills in former East Germany; and, especially, aid to shipyards.
These are three areas in which many Danish companies are experiencing major problems and are being squeezed out of their markets.
I want to say to Mr Poos that I very much agree with Mr Duisenberg that these examples show that some EU Member States are not in a position to restructure their economies and, to that extent, are helping to undermine the value of the euro.
The Group of the European Liberal, Democrat and Reform Party has tabled 80 amendments in the committee, all concerning state aid. These are amendments which we believe will lead to transparency and openness, which is very important with a view to making the internal market work.
I should like to take this opportunity to thank my colleagues on the committee for supporting the amendments tabled by the Group of the European Liberal, Democrat and Reform Party.
As I say, our amendments concern transparency, and I should like to emphasise the amendment which urges the Commission to propose uniform criteria and conditions for the type of state aids we consider to be lawful, specifically in order to ensure that companies can predict what their situation will be.
Another issue is that of what we are to do when state aid is declared unlawful.
How do we ensure that unlawful state aid is paid back?
At present, there are no common rules in this area, and we vigorously urge the Commission to make a point of harmonising the rules on repayment.
This is the way forward if we are to ensure uniform conditions of competition.
Finally, we propose keeping both a register, as mentioned by a number of my fellow MEPs, and also a scoreboard showing where the Member States at present stand with regard to state aid.
You have shown us the way, Mr Monti, with the single market scoreboard. It was this which inspired us to propose the same thing with regard to state aid.
I very much hope that you, Commissioner Monti, will support these amendments, and I look forward to your comments and to finding out where you stand on this matter.
To conclude, I want to welcome the Commission' s XVIIIth Report on Competition Policy, on which, once again, a good deal of work has been done.
But, as I have already mentioned, our overriding objectives ought still to be those of transparency and openness.
There is still a need to tighten up in the areas mentioned, and there is therefore good reason for continuing to work resolutely towards solving the problems concerning the lack of transparency and openness in the area of state aid.
This is especially necessary in relation to the forthcoming enlargement of the Union, and I should like to thank Mr Jonckheer who, in his report, has considered very thoroughly the problems associated with enlargement and with ensuring that the applicant countries are able to meet our criteria, as well as with ensuring common conditions of competition.
As Liberals and Greens, we clearly have different opinions on how the world should look, but we are well on the way to agreement as to our objectives, and we shall try to find reasonable solutions to our problems.
Mr President, Commissioner, there are just two questions which must be answered.
Are state aid to business or inter-company agreements legitimate in a market economy, and who must supervise these exceptions to the absolute rules of the market economy?
Regarding the first point, we say quite clearly that, in order to take into consideration the requirements of sustainable development which the European Union has endorsed, it is essential that, in some instances, there is state aid to businesses, be it in the form of tax exemptions, special taxation or even direct aid.
It is also legitimate for there to be inter-company agreements and voluntary restraint agreements, since all these agreements make it possible to reduce the detrimental effects of competition on social or ecological requirements.
So our clear response is that, yes, such aid and such agreements are legitimate, but we say that every single one of these agreements must be expressly justified.
The von Wogau report proposes referring supervision of the legitimacy of individual cases to national level.
We feel this is relatively dangerous, but all the same we shall vote in favour of it because we recognise that the Commission cannot do everything.
We demand that the greatest possible transparency should be in place and that greater powers of investigation be granted to the Commission in order to check the legitimacy of such exceptions after the fact.
Mr President, once again we are debating the European Union' s competition policy.
But let us stop to consider the circumstances in which this debate is taking place and the conclusions to which it should bring us.
The overriding features of today' s economy are massive mergers and acquisitions involving huge companies with a market monopoly and the emergence of frighteningly powerful multinational groups.
Should we not be discussing this issue?
We need a competition policy which can and will introduce controls on the activities of these private-sector monopolies.
Certain sectors of European industry, such as the shipbuilding industry, air transport and the steel industry, which have been hard hit by existing competition policy, have suffered tremendously.
They have lost their status, and a significant slice of the world market and hundreds of thousands of workers have been made redundant.
When will we debate that?
The scandalous concentration of power in sectors of strategic importance is giving speculative multinational groups economies the size of entire states, and Member States of the Union at that.
And yet, we keep on weakening the public sector and we are ready and willing to tighten competition policy yet further by qualifying public procurement contracts placed with public-sector corporations as state aid.
At the same time, unemployment is spiralling as a result of the loss of hundreds of thousands of jobs.
Workers are facing a massive attack on their employment and social rights.
Consumers see their standard of living being eroded, poverty spreading and the public sector and production base in most countries in the Union being dismantled and dissolved in the name of unadulterated and catastrophic competition, in the name of the absolute market economy and the promotion of the monopolistic interests of big business.
We consider the competition policy to be responsible for all this and are totally opposed to it.
Mr President, Commissioner, in the course of this pivotal year, prior to the changeover to the single currency, the Commission has deployed every effort to ensure the birth of the euro in a favourable environment.
The competition policy has, as far as these resources permitted, contributed to this event.
For our part, we remain staunchly opposed to the single currency which, far from bringing us the advantages and flexibility of a shared currency, imprisons us in an artificial straitjacket, which has been imposed on the peoples of Europe.
Having said that, governing means planning. It also means being responsible and, in this new context which has been forced upon us, competition law naturally has an essential role to play.
In this area, the Commission has given priority to a number of routes of action: acting on the structure of markets by actively combating anti-competitive practices, by refocusing its departments' supervisory activities only upon matters with a manifest Community interest and by affirming its intention to modernise competition law.
As regards state aid, it is essential to ensure that regulations are not made more complex, and the introduction of a public register, where all aid would be recorded, does not seem advisable to us since this onerous commitment would quite naturally run counter to the attempts to simplify bureaucratic constraints.
Finally, on the subject of modernising the implementation of Articles 85 and 86 of the Treaty, we do not think that decentralised application would necessarily be going in the right direction.
The Commission is, in fact, retaining not only the power to take matters out of the jurisdiction of national authorities, but clearly obliging the national jurisdictions to avoid disputing the decisions of the Commission at all.
National states would thus become the secular arm of the Commission regarding observance of the application of rules which they do not control.
In conclusion, I would say that while some measures are heading in the right direction, we shall of course remain vigilant in order to prevent the snowballing of Federalism which, if it were realised, would be to the detriment of Europe and the sovereignty of the states.
Mr President, Commissioner, we have a basically positive view of the Commission' s White Paper on competition, particularly as regards the abolition of the system of notification and authorisation, but we are also puzzled by several things.
First of all, there is a risk that the decentralisation of powers, though necessary in many ways, will cause an abnormal increase in competition-related initiatives, and that some people will be tempted to use competition law, not as a means to be resorted to when all else fails, of ensuring the smooth and predictable functioning of the markets, but for the purposes of as an instrument for economic and industrial policy, planning and interference with the natural workings of the markets themselves, or even for protectionist purposes.
In this respect, we should heed the words of von Eieck, and doubtless also those of the great Italian liberal Bruno Leoni, who warned precisely against the risks of an abnormal increase in anti-competition policies.
State interference in the economy is, even today, still to blame for the most serious hindrances placed in the way of the market, competition and freedom of choice for European users and consumers.
There is State aid for businesses - we have already discussed this, there is still a strong public presence in the economy - it is estimated that the Italian Treasury controls 15% of stock exchange capitalisation; governments and central banks place obstacles in the way of mergers and acquisitions; and there has been much talk in recent weeks about Vodafone' s bid for Mannesmann and the bailout of Holzmann.
Finally, Commissioner, we cannot forget that large sections of the economy are still firmly in the hands of the state, ranging from state television, which is funded on a mandatory basis by the taxpayer, and the Post Office, to some compulsory insurance schemes, including health and social welfare systems, which are managed by inefficient state monopolies which leave no-one but the wealthy user with any other option.
Commissioner, I am quite familiar with the constraints imposed by the Treaties, but I believe that, it must be emphasised once again that the European economy is finding it hard to compete with the American economy, especially because of insufficiently open markets and a lack of genuine competition.
What is being done may well be very important, but it is still not sufficient.
Mr President, we are holding a special debate: on competition policy and state aid, the government' s right and left hand, so to speak.
Whilst the EMU criteria are forcing Member States to curb expenditure, the high level of state aid to industry has so far remained in place.
This is understandable, because it is highly likely that Member States which start to cut back on state aid will cause companies to leave, with adverse effects on employment.
But, at the same time, this is not understandable because bad management and non-viable jobs should not be funded by taxpayers' money.
In principle, only horizontal regulations are permissible because they do not distort, or hardly distort, competition.
The rapporteur' s Amendments Nos 6 and 7, therefore, deserve our support.
Amendments Nos 1 and 5 make reference to the phenomenon of market failure because the market instrument in itself does not result in the ideal society.
Vulnerable people find themselves hardest hit.
Market forces must be employed in a sophisticated manner to do full justice to the responsibility of citizens and companies.
If this comes to nothing, then the government has to step in.
The Commission' s White Paper on modernising competition policy seems more like a discussion paper.
The plea in favour of decentralisation in order to lighten the load within the Directorate-General on Competition is a kind gesture, but the way in which the Commission would like to carry this through would lead to the judiciary being stretched. This would be at the expense of legal certainty within industry.
Does the pressure of work within the Commission really decrease when national judges are required to report to the Commission?
What is the Council' s opinion on this and is the Commissioner prepared to completely reconsider these points?
Mr President, a White Paper, by definition, is not something you can take or leave. It is there to generate reactions and the White Paper has certainly succeeded in doing that.
It forms a sound basis for discussion and is to be welcomed in this sense.
I understand where the authors are coming from and I share their views.
I also assume that you, Commissioner, want to honour the reputation of, and the work put in by, your predecessors and that your offices will pursue the same objective.
I cannot imagine the Commission taking initiatives in order to de-Europeanise or re-nationalise in a thorough manner, but I have my concerns and questions nevertheless.
Firstly, these relate to the coherence of the policy' s application.
In general, I am a great defender of cultural diversity but not in terms of competitiveness within the internal market. The internal market needs a uniform competition policy, not only in terms of concept, but also in terms of application.
It is true, there are some European regulations and interpretative statements on the way. The Commission is also said to have the right of evocation and can give guidelines to the national competition authorities.
But I still wonder if we do not run the risk of ending up in a kind of Echternach procession where we will have to take one step back before we are able to take two steps forward.
So, I would like to hear more about how the Commission will guarantee this uniform application in practice and whether you yourself consider the courses outlined from point one hundred onwards in the White Paper to be feasible.
Secondly, I understand the worry of industry regarding legal certainty.
Many dossiers are currently being filed with precisely this concern. This instrument will fall by the wayside in future.
In the White Paper, you state that the Commission will still issue particular orders which can be used as guidelines, but what will your criteria be for granting such orders one day but not the next?
Thirdly, I would like to know whether the Commission has looked into the effects its new approach will have on industrial strategy.
I have particular concerns regarding the fate of SMEs which will lose part of their legal and financial protection, as is already the case, one has got to admit, within the new vertical group exemption for the distribution sector.
Fourthly, I would like to be informed of why the Commission does not choose to apply the invalidity penalty in the case of evident infringements of the competition rules.
Fifthly, with the pending enlargement, I wonder whether the candidate counties will be able to play our game.
They are still in training, as it were.
What guarantees do we have that they will grow into first-class players in the league of the internal market?
Sixthly and lastly, I would remind you of a point that I have already raised in my report on vertical restrictions, namely the legal privilege of company lawyers.
If the Commission implements the White Paper objectives, it seems to me that discrimination within the internal market and between external and internal legal advisers will become more pronounced and hence even less acceptable.
Is the Commission considering taking any action to allow in-house lawyers in all Member States legal privilege?
Commissioner, I am asking these questions as a defender of the internal market and I hope that, in this sense, we are all partners and that the discussion between these partners does not remain sterile but can bear fruit.
Mr President, I would like, in beginning my speech regarding the White Paper, to congratulate the rapporteur, Mr von Wogau.
The fact that the Group of the Party of European Socialists is very much in agreement with your report is clearly demonstrated by the fact that only one amendment has been presented during this procedure.
We are, therefore, in agreement with the report, Commissioner, as well as the broad outlines of the White Paper.
Since the Treaty entered into force, Community law on competition has been one of the tenets of Community policy.
After almost forty years of being in force, these rules were beginning to show signs of exhaustion.
For this reason, modernisation was essential. That modernisation came to be particularly necessary for five reasons.
Firstly, the authorisation system; secondly, decentralised application; thirdly, procedural rules; fourthly, judicial application; and fifthly and finally, excessive red tape.
The system of individual approvals needed urgent reform, as was unanimously requested by specialised companies, academics and lawyers.
I have not attended a single forum of specialists in competition law which has not requested a change to the system.
A system, such as the current one, which is capable of making so few decisions, be they approvals or prohibitions, is something less than a valid system.
National competition authorities were able to apply Articles 81(1) and 82 for some time.
However, they could not apply Article 81(3), which, to a certain extent, prevented the coherent application of Article 81(1).
You will know that there are currently two preliminary issues before the Court of Justice, both brought by German courts, which question the feasibility of applying 81(1) without being able to apply 81(3).
A reform of this point was therefore also necessary.
The procedure in the field of competition is basically contained in Regulation 1762.
The voices in favour of its amendment were unanimous.
The fact that it did not establish a genuine procedure, that it did not establish time limits, that it did not regulate access for interested parties to the files, or that the right to defence was not properly recognised, were factors which led to the unanimous demand for reform.
The Court of Justice accepted some time ago that Community competition law could be applied by the legal bodies of the Member States and in 1994, the Commission published a communication on this subject.
It was therefore necessary to facilitate this approach.
One of the most frequent criticisms of Community competition law is its excessive red tape.
As a consequence of the continental legal tradition, consideration of whether certain agreements are anti-competitive or not depends more on an analysis of their clauses than on their effects on the market.
It was therefore necessary to introduce an economic analysis.
The White Paper intends to resolve these problems and we therefore support these proposals.
It is also true that we note certain deficiencies which have come to light in the report.
Amongst these, firstly, is the fact that, despite trying to modernise Articles 81 and 82, Article 81 and not Article 82 carries exclusive weight.
At the moment, with inter-company agreements and the privatisation of monopolies preserving dominant positions and even consolidating them, the combating of abusive conduct is becoming particularly important.
Secondly, Regulation 1762 must be repealed and replaced with a new regulation.
For these reasons, we are going to vote in favour of the report.
However, if some of the amendments are accepted, particularly those presented by the PPE-DE Group, we would consider the report to be stripped of its value and to have become an inconsistent document, lacking in rigour and, in that event, we would reconsider our support.
Mr President, amongst the various issues being dealt with in this joint debate, I would like to comment on the one mentioned by Mr Berenguer, that is to say, the modernisation of competition policy, which is the subject of the Commission' s White Paper.
Frankly, I believe that this modernisation has been satisfactory.
Through his management, Commissioner Monti achieves good results, as did his predecessor and, clearly, he has established a guarantee which, in parallel with the creation and development of the European internal market, has been capable of establishing the corresponding corrective measures so that the market economy within the Union may work adequately, without the distortions which we economists know may arise when the market is enlarged, as has happened in the European Union since 1993.
If it functions well, if we are satisfied, if the Commission has basically acted correctly, why the need for the modification?
Various arguments have been presented in its favour.
Mr Berenguer made a very accurate analysis, justifying the need and the relevant reforms for improving the dynamics of competition, but my concern is to ensure that the standards and criteria which will be applied through the corresponding administrations in the Member States, are truly identical in all regions.
Because, if this is not the case, we will be faced with the paradox that the Commission itself will introduce elements of unfair competition into the functioning of the European internal market.
In that event we would not have moved forward, but rather backwards, in the application of competition policy in the Union.
Mr President, I would like firstly to express my appreciation to the Commission for the improvement represented by the XXVIIIth report on competition policy in the Union, when compared to previous reports.
I would also like to highlight the work carried out by the rapporteur, Mr Rapkay, who has dissected this dense and comprehensive text in such a concise way.
I would also like to fully support his comments on the need to allow the regions - such as the Basque Country, which I represent - a margin for action, by virtue of the principle of subsidiarity.
Nevertheless, I cannot forget the numerous criticisms, both from Member States and from market operators, which, given the broad margin for manoeuvre and discretion enjoyed by the Commission in its evaluation of specific cases, maintain that they suffer from legal insecurity in the absence of clear rules allowing interested parties to anticipate the position of the authorities and thereby make feasible requests for aid aimed at the promotion of economic activity and employment, the planning of company mergers etc.
The only guarantee has been to seek prior favourable approval, through individual cases, which will take more than six or eight months to resolve, an excessively long period, which simply leads to problems of a lack of flexibility, affecting the generation of wealth and employment.
I therefore believe that something is missing and I suggest that we establish more regulations, lay down clear rules, which will benefit all of us: businesspeople, investors, workers and the citizens in general.
Mr President, I would like to stress that, in an age of significant technological changes - just look at what is happening in the information technology sector and other sectors such as energy and transport - safeguarding competition will be of fundamental importance for our future.
From the point of view of economic growth, and therefore of increasing employment and wealth, safeguarding a competition policy in the Member States is becoming a crucial factor, and one that is certainly very important for our future.
This is why I give this report my full support.
Recently, I have noticed that the Commission has been working hard to ensure that this principal is respected in a proper and effective manner, precisely in order to safeguard market flexibility, both for products and for services.
I would emphasise that this is going to be extremely important for our future, for Europe' s economy, and, above all, for the protection of our wealth and technological development in Europe in general.
Mr President, for British Conservatives the efficient and uniform application of European competition policy is at the core of achieving an effective single market across the whole of the European Union.
It therefore follows that any proposal which suggests major reform of the machinery for competition policy enforcement must be closely and carefully examined. The truth is that the single market is not yet complete.
During my six months as a Member of this Parliament, I have become acutely aware of the determination of many Members to drive forward what is described as the European project.
We daily hear the need to promote a wider and deeper Europe.
But all this, in effect, is so much rhetoric when we look at the national, regional and local obstacles which continue to block the operation of a true European single market.
That is the context in which I want to consider the Commission's proposals.
I should like to make it clear that we have the greatest confidence in and respect for Commissioner Monti. We look to him as the man to root out cartels.
But he would recognise that, as for everybody else, we have to consider his particular proposals and subject them to rigorous examination.
That is something that has been done by our rapporteur on the Committee for Economic and Monetary Affairs, Mr von Wogau.
I want to congratulate him, sadly in his absence, for the thorough and rigorous way in which he has undertaken the preparation of his report - and also for putting up with my being such a thorn in his side!
He mentioned earlier that the report was carried with a significant majority but not with my support.
So although I may not share his conclusions, I believe he has illustrated in his report many of the issues which the Commission must address.
The first is the potential for renationalisation of competition policy.
I know that the Commission is set against this, but the potential exists.
I remain worried about the capacity of national courts and the capacity of the national competition authorities. I remain worried about the whole operation of the judicial process.
I asked Commissioner Monti the other day what happens if he proves to be wrong and there is an effective renationalisation.
Mr von Wogau said we can look to the European Court. Well, we in Britain are looking to the European Court at the moment.
We find that the European Court is not able to provide us with interim measures in a certain dispute that we have with France at the moment, in which we have the support of the Commission.
Unless anybody thinks that this is merely a nationalistic point, in the Factortame case, in which the British Government was the defendant, it took ten years for the European Court to give a ruling. So, judicially, something needs to be done.
I ask the Commission what can be done to speed up implementation in this particular area.
In relation to legal certainty, I endorse the point made by Mrs Thyssen. It is important that business has legal certainty.
I mentioned this again to Commissioner Monti recently. He said we must not always be carried along by lawyers.
I must declare an interest as a lawyer but also as a former competition minister in the United Kingdom.
We all have, as it were, our histories to live with, but it is important that business has legal certainty.
I would also ask the Commission whether an analysis has been undertaken of the implications of this change for business: a cost-benefit analysis of the sort that is now becoming so much more European policy.
I know there has been an analysis of the implications for the Commission of the change. We have been told how, currently, people's time is being wasted and that the changes, therefore, could be beneficial.
But I really feel that, in the circumstances, we want to know what the implications would be for business.
Finally, we, as British Conservatives, are looking for a change in direction, towards the development of an independent competition authority.
I would like to hear what Commissioner Monti has to say about that.
Mr President, the European Union' s competition policy has been of central importance since European integration began.
It is an integral part of the tension, inherent in the very concept of European integration, between solidarity and cooperation between Member States, with a view to creating a better and more efficient environment for the people and the economy, and competition, which should provide incentives to improve the competitiveness and future viability of the European Union as an entity.
It is therefore with some justification that competition policy is one of the most important policies.
We can be proud of a European competition culture, for it is this that will make the social market economy a reality.
We can be proud of monopolies and mergers supervision.
However, we must be vigilant in the face of global operators, against whom nation-states are no longer able to impose limits.
That is why we should bear in mind what was said by the French writer Vivienne Forestier, who described the state of the world in terms of the economy' s reign of terror.
Society is surrendering itself to the economy. That is precisely what we do not want in the European Union.
We are aware that in this age of strategic alliances and millennium mergers - in 1998 USD 2 400 billion was paid out in connection with take-overs - restrictive practices are being held in check, not just by our own rules but also by bilateral cooperation with the USA or Japan, or others, until we get the international competition law we so badly need.
European competition policy, as we very often forget, is not just important for fair competition as such, but also for prices, growth and employment, and hence for the public.
In common with the other Members, I call for Parliament to have codecision rights where competition law is concerned.
It is essential that this long overdue step be taken.
It is also important to underline the connection between competition policy and consumer protection.
I welcome the fact that Commissioner Monti wants to make progress in this area in the dialogue with the European Parliament, as he does in the dialogue with non-governmental organisations, consumer protection associations and the public.
Greater transparency will also help to achieve public acceptance of decisions relating to competition policy.
Then it is possible to understand that, for example, lower electricity and telecommunications prices are due to European competition policy, and Brussels should not be pilloried when aid decisions are taken which are, of course, bound to cause problems at a particular moment in time or in a local context.
It is particularly important for there to be clarity in relation to competition rules in view of EU enlargement.
Emphasis must also be placed on the fact that a state aid policy - and the Jonckheer report makes this very clear - must continue to afford each state the freedom to define and organise the tasks of the public sector and ownership structures on an independent basis.
At the same time, it must be made clear that aid can serve a useful purpose, with a view to offsetting the deficiencies of the market and furthering Community objectives.
A word on the White Paper: the revision of Articles 81 and 82 represents a change of direction in monopolies policy.
I am opposed to this, unlike the majority of this House and indeed the majority of my own group, because I believe that, in competition policy terms, the directly applicable exception system is in every sense inferior to a system of prohibition unless certain conditions are met, and I believe there is a threat of renationalisation.
The system currently in force creates transparency, affords enterprises legal certainty and has, without a shadow of a doubt, led to discipline and acted as a deterrent on account of the notification requirement.
The problem of overwork highlighted by the Commission is not a sufficient reason for making radical changes to the legal system. Indeed, it is debatable whether this could be carried through at all without amending the Treaty.
Mr President, I am very glad that Mrs Randzio-Plath mentioned the very important context of our debate because up until now no other speaker has done so.
The advent of the euro at the beginning of last year unleashed enormous competitive forces within European business which are being met by a merger wave of quite unprecedented proportions.
For example, the figures for last year now show that the total value of mergers in the European area was EUR 1.4 trillion, which is seven times the level of merger activity at the peak of the last European merger boom in 1990.
This poses enormous challenges for competition policy, which I hope it will be able to meet because, for certain, many of those mergers are going to be designed to protect profit margins of the businesses from competition rather than merely to enhance productivity and make those businesses able to operate on a bigger scale.
Commissioner Monti and his colleagues have a tremendous challenge ahead of them and our worries in the ELDR Group are that there should be no weakening in the thrust of competition policy either in the examination of mergers or the monitoring of restrictive practices.
Delegation to national authorities is all very well but we would emphasise what Mr von Wogau said in his report on the need for regular monitoring of national authorities to ensure that there is no slippage in the European element, and, particularly would ask the Commissioner to reassure us that there would be random checks on that.
Mr President, in the limited time I have, I would like to express my support for the work carried out by all the rapporteurs and my agreement with many of the things which have been said here, in particular by Mr Jonckheer, who criticised the excessive gathering of information and the lack of transparency and socio-economic balance in the granting of aid.
I also agree with the criticism that no emphasis has been put on the implementation of Article 82, especially when we are witnessing abusive conduct in a context of market concentration.
As a Member for the Basque Country, I would like to express my total support for the implementation measures for fair competition in the market.
I say this in case there is any doubt about the criticisms which we have directed at the Commission in general, and Mr Monti, in particular, for its persecution of the incentives to Basque companies and the fact that it considers them to be state aid.
Our discrepancy stems from the fact that the Commission continues to misunderstand the character of the general system and the co-responsibility of our arrangement which gives our Basque fiscal rules the same nature, foundation and aim as the rules of the Member States of the Union, and that they are applied in a general way to all tax-payers who, by virtue of points which fall under an external system of law, are subject to those rules.
Mr President, Commissioner, competition is exactly what we need.
We need competition if there is the least unemployment, for a smooth-running healthcare system, for social justice, for high social standards, and, of course, we also need - these are competition criteria to do with the economy - business management competition so as to achieve highest-quality products, equal market access conditions for all enterprises, and environmentally-friendly products.
In other words, we must succeed in linking the competition criteria that are necessary to the economy with those relating to managerial economics.
I often have the impression, unlike the country I come from - former East Germany - where economic competitiveness is prized above all else and competitiveness relating to managerial economics is disregarded, that very often the reverse is the case; society thinks almost exclusively in terms of managerial economics.
I say that as an entrepreneur who has a vested interest in this.
But a system cannot function in this way: it will only work if the two aspects go hand in hand.
I will give you an example: the European Union was right to support the Grönitz steelworks in Brandenburg, although out of 5 000 jobs only 700 remained.
But these are competitive jobs, for this steelworks is now the number two tool steel manufacturer in the Federal Republic of Germany.
Anyone who would jeopardise production at this steelworks on principle, by demanding the return of the aid that was granted at the time, would not just place the steelworks itself in jeopardy but also one of the region' s employers that small and medium-sized enterprises are, of course, dependent on too.
It goes without saying that that is not what the European Union' s competition policy is designed to achieve.
If we want there to be competition then we must establish this link between the requirements of the national economy and the pre-requisites of managerial economics.
Indeed that is the only way to build up regional economic circulation in the under-developed regions that will protect people' s social welfare and boost purchasing power.
To that end, we must also make it our business to take more account of demand-orientated economic policy as opposed to one focusing heavily on supply.
Mr President, ever since I was elected to this Parliament in 1994 I have never witnessed a report which had such anti-Irish sentiments and overtones as the Jonckheer report which we are debating today.
I would like to quote verbatim from the report: "State aid per capita is highest in Italy, Germany and Ireland.
Ireland clearly is in the lead when national and Community regional and social funds are put together."
I believe that the rapporteur is simply playing with figures. I find it difficult to understand how he can index regional and social funds into this mathematical equation.
I should like to remind the Member that the European Union has agreed to the new regional aid guidelines for the period 2000 plus.
This was merely an extension of the policy objectives to complete the internal market within Europe. Regional disparities must be overcome if the internal market is to succeed and prosper.
I welcome the fact that grant aid of 40% and a top-up of 15% for SMEs for fixed investment will be permitted for companies setting up in Objective 1 regions in Europe post-2000.
I remind Mr Jonckheer that Irish companies or foreign companies in Ireland still have to cross two sea masses to reach the mainland European marketplace.
No other Member State is at such a disadvantage.
Mr President, the monopolies' ban is the key element of functioning competition order in Europe.
The Commission deemed the practical administration relating to the monitoring of the monopolies' ban to be unsatisfactory, something I would wholeheartedly agree with.
But opinion differs as to the solution. The Commission' s proposal does not formally deviate from the monopolies ban but the upshot of this proposal is a transition from a ban with permit reservation to a permit with ban reservation.
In other words, we are making the transition from the principle of banning to that of misuse.
Both I and other MEPs utterly reject such a drastic change of system.
I do not accept that a practical transposition problem should give rise to changing the law.
We would be changing the law to make it executable again, which is something I consider to be unacceptable.
The Commission is giving up its monopoly on exemptions.
Competition restrictions are to be automatically exempted against the background of this planned system of legal exemption, insofar as the provisions of Article 81(3) of the Treaty on European Union allow.
The requirement to lodge applications in Brussels will be dropped; in other words, the Commission will be completely in the dark in future.
This is unacceptable to my mind.
The Commission' s programme is to be supplemented by enhanced follow-up supervision of the national authorities and Member States' courts.
But if this takes place in the course of renationalisation then what we will have here is a patchwork quilt of competition policy.
This is unacceptable in my view.
It would weaken a key element of European policy.
The change of system in European monopolies law that the European Commission is contemplating is high risk as far as competition policy is concerned.
There are enough other options in the present system to safeguard open markets and free competition.
In any case, the Commission' s proposal refers back to old proposals that were put forward as long ago as the fifties and sixties. There was no majority for this at the time.
Since France laid a huge amount of emphasis on legal exemption at the time, it was damaged by concessions in agricultural policy.
Forty years on, this proposal has again been placed on the table and I am certain that it will create room for manoeuvre for the monopolies, to the detriment of Europe' s consumers.
I consider this to be unacceptable.
Mr President, in this important debate on competition, I am speaking this morning with particular reference to Mr Langen' s document on the Steel Aid Code.
As the Court of Justice recognised in 1996, the steel industry is particularly sensitive to competition-related disturbances.
Indeed, several years ago, this was the conclusion of a report that I compiled on the strengths and weaknesses of the European steel sector.
This is why it was justifiable to set up a system of aid to this sector with the aim of ensuring the survival of successful businesses, even if this was in contradiction of Article 4 of the ECSC Treaty.
This indeed, is the aim of the sixth Steel Aid Code, but at the same time it is important to avoid any infringement of the conditions of competition and any serious disturbance of the markets, hence the importance of regulating such aid.
It is therefore necessary to continue to limit state aid for research, development, environmental protection and cases of company closure.
In the same category of ideas, it is essential that Member States fulfil their obligation to be accountable to the Commission for the aid granted to their steel companies.
The Commission suggests shorter deadlines. I agree with this request.
Like the rapporteur, while I am pleased with the Commission report, nonetheless I deplore the fact that it does not cover all aspects of the aid.
Although the Steel Aid Code is expressed in a very clear way, the Commission has authorised granting steel companies aid which is not covered by the categories stipulated by the Code.
In the interests of equality, either the Code must be applied or it must be modified.
Finally, and in conclusion, Mr President, with the expiry of the ECSC Treaty, the regulations will have to be reviewed since I think that the aid system will have to continue beyond 2002, and in that case I am in favour of a Council regulation which will ensure security in this area.
We therefore await, and I await, the European Commission' s proposals on this matter.
Mr President, I am also going to refer to the report by Mr Langen, which concerns aid to the steel industry.
I agree with the rapporteur on two issues.
Firstly, I agree on the need to guarantee equal conditions for aid to all Member States and, secondly, on the need for transparency with regard to this aid.
We agree with the rapporteur regarding his criticism of the fact that, despite the rules laid down in the sixth Steel Aid Code, the Commission has frequently authorised aid to companies which do not correspond to the categories in that Code.
However, the thing that worries us most, Mr President, is the decrease in prices, by 30%, owing to imports.
The reason for this decrease is unfair competition from South Korea and Taiwan, in the case of steel, as a result of their different working conditions and conditions governing aid.
Orders in the steel industry and the ship-building industry - we also spoke about this a while ago - have decreased drastically, resulting in a loss of jobs.
I live in a region where the ship-building industry now has very serious problems: Asturias.
With global markets, we need global employment laws and global subsidies.
I know this is difficult to achieve now, but if we do not achieve fair employment laws for all workers, here and elsewhere, and we do not secure equitable subsidies for all countries, here and elsewhere, it will be difficult to preserve jobs in Europe and outside it.
Mr President, Commissioner, Director-General, I would particularly like to emphasise the following in relation to the von Wogau report: I welcome the Commission' s open-minded endeavours to initiate debate on the hitherto strict procedural rules, and to propose practical reform measures.
I congratulate the rapporteur Karl von Wogau, who takes up the theme but also makes quite plain his demand for clarification, indicates the accompanying measures that need to be taken, and pulls no punches when it comes to the problems currently under discussion.
The White Paper and the report are contributions made at the beginning of a necessary process of reflection, discussion, and reform which has yet to be concluded because there are still a few questions posed by ourselves, the judiciary, the Member States, and above all the SMEs concerned, that need to be clarified.
Competition policy must continue to be accorded central importance and will not be renationalised because this would jeopardise the internal market and Europe as a business location in a global economy. However, it must be "europeanised" taking into account the principle of subsidiarity.
I also welcome, therefore, the fact that responsibility is to fall to the individual, without the Commission giving up any of its responsibility.
In practice, only 9 cases were rejected, 94% of the cases that the Commission had to process were not dealt with formally but by means of unpublished, non-legally binding administrative communications or on account of the expiry of deadlines, which clearly shows that the work of the Commission is subject to time-related, staffing and financial limitations in this age of globalisation and EU enlargement
To conclude, I would like to tell you what I am expecting from this reform: fair competition and equal competition conditions, legal certainty for all enterprises, consistent application of competition policy, procedural simplification according to the principle of the one-stop-shop, coordination of the national - and to me, independent - competition authorities, close cooperation between the national authorities and courts and the Commission, along with a clear distribution of competences between national authorities and courts in the application of European competition and monopolies law, and I expect the Commission to concentrate on what is most crucial in the fulfilment of its tasks as the supreme guardian of the European competition policies.
I am in suspense as to how the discussions, which were broadly based, will be incorporated in the first legislative proposal.
The Commission report confirms that, with the exception of Germany, state aid to businesses is increasing. The Commission finds this worrying only from the point of view of the conditions of competition.
As far as we are concerned, we look at things from the point of view of the interests of the working classes.
Society gains nothing from these massive transfers of public funds to private business.
Take, for example, the car manufacturing sector, where subsidies and state aid of various sorts have increased by 24% during the reference period.
With what aim?
Not to save jobs. All these firms have gone ahead with job cuts and even redundancies.
Not to improve working conditions, for in increasing production with fewer workers, working conditions are made worse.
Did these firms need state aid to survive?
No, car manufacturers have been making colossal profits for years.
State aid is not only counterproductive because, as the Jonckheer report acknowledges, it gives rise to subsidy hunting with firms relocating from one country to another, but it is unacceptable because it allocates public monies to the enrichment of a handful of private shareholders.
It is because the richest people are being favoured everywhere with state money that throughout Europe social protection is being reduced, public services are being abandoned, hospitals are being closed.
In voting against the Jonckheer report, I wish to assert the need for another policy, to wit, ceasing all aid to private firms and utilising the money thereby saved to develop public services and recruit staff.
Mr President, today' s debate is extremely important because the principle of competition has probably been the cornerstone of the internal market.
In accordance with the principle of competition, the legislation has implemented Articles 85 to 94, competition policy in the strict sense, and the revision of all state aid and tax provisions which may affect competition.
Firstly, fiscal provisions of an indirect nature and recently, thanks to Commissioner Monti, there have been direct provisions, the code of good conduct in particular.
This has worked fairly well, but, as in the famous film Casablanca 'time goes by' and we must adapt the legislation we have been applying until now to the new circumstances.
In this respect I have observed a significant consensus in all the interventions.
Firstly, it is necessary, in drawing up the legislation, to produce clear and complete rules.
It is probably horrendous, especially in this particular raft of legislation, that there are confused rules, regulatory vacuums and rules that only lay down undefined legal concepts.
This is all the worse - as is the case with the second part of this reform - when responsibility for implementing the legislation lies with national authorities.
Thirdly, it seems to me important that the Commission should play a role in resisting the temptation to create independent agencies which would distort the very essence of the Commission, in order to guarantee uniform application by international bodies.
Fourthly, and lastly - and this has already been mentioned - the international legal order has changed.
We have seen this in the aborted Seattle Conference and we are now seeing it in the bilateral conferences with different regions or countries of the world.
The principle of competition must now be universal in its application.
We must monitor compliance with environmental standards, employment standards, in order to prevent dumping in this area, and we must ensure scrupulous respect for property rights and the revision of state aid, which in many industries - as has already been said - distorts competition and destroys jobs within our own territory. To sum up, we should apply similar conditions that will prevent aid, internal distortions by other countries, from being transferred to the international arena, in other words, through trickery.
Mr President, Commissioner Monti, there is much that is good in Mr Jonckheer' s report on state aid for manufacturing industry and certain other sectors.
First of all the report reveals Parliament' s single-minded determination to reduce state aid to ensure that the internal market functions flawlessly.
Many of the report' s conclusions, however, are cause for concern, at least for our group.
For example, the fact that the amount and level of state aid calculated on a per capita basis vary considerably from Member State to Member State reveals the need for surveys such as this.
Aid that is based on the self-seeking ambitions of a nation gives companies unfair advantages, thus distorting competition and leading to an ineffective, uneconomic division of Europe' s meagre resources.
The form the aid takes is important.
Forms of state aid that require an effort from the beneficiary are to be supported.
For example, state guarantees, on which the Commission has just publicised its position, must naturally be considered state aid, but they are, in my opinion, a better option than granting aid directly to companies.
The report on competition policy further stresses the Commission' s confidence in hard and fast rules instead of putting the emphasis on economic arguments regarding efficiency, which affects competitiveness.
The European economy will never achieve the level of competitiveness desired if we do not show we trust in the markets.
If competition policy is to be made subordinate to the aims of social and environmental policy, real efficiency and economic growth will remain just a dream.
Competition policy has to be seen as part of the whole of the economy and it must be assessed with reference to trade policy and non-material rights: we should not just be emphasising its social dimension.
The aims of social policy can be best realised through stronger economic growth, not by making compromises with regard to decisions on competition policy.
Mr Rapkay' s report also emphasises the importance of the international dimension with regard to competition law.
In my opinion, it would be good if we could achieve consensus at the international level regarding certain basic principles of competition law.
Aiming instead at harmonised minimum standards will easily lead to a situation where we leap over the lowest hurdle and end up with the lowest common denominator, which will water down all the aims of competition policy.
Mr President, Mr Monti, the reform of competition rules calls for a commitment by the European Union, not only in the light and as a consequence of changes which have taken place through the years, but also with a forward-looking view to the Union' s enlargement.
I would like to thank the rapporteur, Mr von Wogau, for his commitment and I welcome his thoughts.
Moreover, I would like to say that I appreciate the remarks and observations that Professor Tesauro, Chairman of the Italian Competition Authority, sent me, and which I am sure Mr Monti will take into due account with a strong sense of collaboration.
Our real concern is undoubtedly to initiate further liberalisation of the market, and, above all, to achieve consistency between the different national markets.
As things stand, there are considerable differences between them which come to the fore if we compare the English, Italian and French markets. There is a large degree of state protectionism in the French market which is not found in the English market and is only present to an extremely limited extent in Italy.
Another issue concerns the economies of countries involved in enlargement, which may run the risk of remaining assisted economies for ever more if provision is not made for gradual adjustment.
In my opinion, we should also create a threshold below which two significant components which characterise our economic structure should be placed: small and medium-sized businesses, which bind the European economy together, and social protection, which Europe has always guaranteed to the weakest parts of the economy.
Safeguarding the social function of the market is what makes the difference between free trade, pure and simple, and a system for improving people' s quality of life.
A point to consider regarding the new rules concerns the economy of the outermost regions and islands, all of which must be protected.
We ought therefore to consider creating two focal points of an external market by instigating profitable relations with Russia and the Mediterranean countries, precisely so that their economies become less peripheral.
I hope - and I thank Mr Monti for this - that the new rules will reflect as many aspects of economic policy as possible and that their social function will be guaranteed.
Mr President, competition is at the heart of the European internal market policy and is also its driving force.
A free and open market can only exist by the grace of competition, marked by clear, uniform rules.
In his report, Karl von Wogau manages to capture this very well.
But Europe is changing.
The economies are growing, we are enlarging to 25-30 Member States.
The European Commission will become overburdened if it pursues its current policy.
It is therefore necessary to modernise competition policy.
This is not in question.
Having said this, I still have concerns about the proposed decentralisation.
How will the Commission, as keeper of the Treaties, guarantee that decisions are taken uniformly in matters of competition in London, Palermo, Helsinki and, soon, Budapest and Ankara?
This is necessary if legal inequality is to be prevented, and issues of competition will gravitate towards the court where the most lenient judgements are given.
It is not enough to say that, in the Member States, there is already 40 years' worth of experience.
In the Netherlands, the competition authority is still in its infancy. This country has a very small market which, unfortunately, is often at the same time defined as the relevant market.
This in contrast to Germany, where a very experienced Kartellamt is exercising its powers within a gigantic market.
The European Commission' s belief that, in all quarters of the Union, legislation will, almost as a matter of course, be interpreted in the same way, is what, within catholic circles, we term "foolhardy," and this is not allowed.
Uniformity needs to be worked on.
Think of specialist, national courts with the option of direct appeal to a special competition court at the European Court.
This special court in Luxembourg is necessary in order to build up broad expertise.
Moreover, due to the immense economic and social interests involved, we cannot afford to wait for a judgement to be pronounced two years after the event, as is now quite normal.
What is the Commissioner' s opinion of this?
I would like to finish off by making an important point for small and medium-sized businesses.
In order to grant small and medium-sized companies greater security, the European Commission itself needs to draw up an exemption regulation for small and medium-sized businesses so that, alongside vertical exemptions, horizontal exemptions will also be possible.
Through cooperation, small, independent firms must be able to stand up to the large chains. It cannot be the aim of European competition policy to make life impossible for small businesses.
Moreover, regarding these small businesses, we will have to consider whether it would not be better to apply a system with a prior warning built in, the yellow card, instead of an immediate red card, which will be a large fine and will threaten the company' s very existence.
Mr President, being the last to speak gives me the privilege, Commissioner, of telling you that the majority of this House supports your initiative and has expressed a total, and, I believe, justified, confidence in you at the helm of this boat.
But we all want to be oarsmen on it. We all belong on the same boat and want to row with you.
I therefore believe it to be absolutely necessary to establish an interinstitutional dialogue so that we might reach a good conclusion and put all the finishing touches to this essential reform.
The many ideas which have been expressed here could be put into three broad categories.
Firstly, there is the concern that some have expressed, in particular Mrs Randzio-Plath, President of the Committee on Economic Affairs, of whether this new system of legal exception is absolutely compatible with the Treaty.
I share that concern and I believe that this issue should be addressed.
Secondly, we have the issue of companies' legal certainty.
It is true, Commissioner, that the Commission is not a machine for manufacturing legal certainty.
We all agree on this.
But it is nonetheless true - and this has been repeated from all sections of this House - that the European industrial fabric is composed of small and medium-sized businesses, and that the Commission often plays the role of auctoritas, of legitimising the nature of the internal market.
On this point I will give my opinion on something which Mr Karas said.
There have only been nine rejections.
But here I would like to call on my experience as a lawyer. How often has a lawyer with two companies and one project, in the face of a Commission guideline given ex ante, changed that project in order for it to comply with the competition rules!
This is therefore an aspect to be considered.
Thirdly, we have the problem of the uniform application of Community law.
In this respect, the excellent speech by Mrs Thyssen cannot be improved upon.
I believe that biodiversity is good, as is cultural diversity, but not diversity in the application of the law with regard to the essential core of the internal market, that is to say, competition law.
Here improvements should be made.
Only in certain countries, Germany for example, is there specialised jurisdiction.
Perhaps this is a promising avenue to explore, but we must also explore others.
What we cannot do, Commissioner - and I would like to end on this note - is to give way, and give ammunition, to those who regard the European institutions as the property of the great and the good, of the rich, and not of the citizen, or the small and medium business, which, in the worst case scenario - which will never become reality because the requisite measures will be applied to prevent it - will result in courts which make disparate judgements, very late, with no real possibility of control apart from what the French call "le parcours du combatant", that is to say, after Lord knows how many years, when the Court in Luxembourg passes judgement, a Court which we know to be inundated at the moment.
Commissioner, it is impossible to overstate the importance of this reform.
It transcends competition, it transcends the cohesion of the internal market. I believe that it profoundly affects the meaning of European integration, the meaning of the legitimacy of European integration.
Therefore, Commissioner, we are relying on this interinstitutional dialogue to put the finishing touches to a reform which we are all hoping for and which we believe will lead us to a successful conclusion under your direction and with our cooperation.
Mr President, ladies and gentlemen, I heartily congratulate the Committee on Economic and Monetary Affairs and the entire European Parliament for the great deal of interest shown in competition-related subjects.
In my opinion, Mr President, this joint debate fully bears this out.
We have heard some very thorough observations which both concern the philosophy of economic policy and are important for the institutional order.
Our common aim is to reform and strengthen competition policy, a pillar of the social market economy and of European construction.
The guiding thread running through all the aspects of the reform of competition policy, which we shall have the opportunity to address together, aims to ensure more effective protection of competition, reduce the bureaucratic burden weighing down businesses and take decision-making processes closer to the European people.
I, personally, would sincerely like to thank Mr von Wogau for his commitment in examining the dossier on the White Paper and for the quality of his report.
I would like to divide the considerations raised during this debate on the von Wogau report into four groups. I do not consider these considerations to be criticisms of the Commission, but, on the contrary, fundamental contributions, since justified concerns have been expressed that we both want to overcome.
The groups are: the efficiency of the rules, the risk of renationalisation, consistent application of the rules and legal certainty. I will take these very quickly one at a time.
Efficiency: I am convinced that this reform will strengthen the protection of competition within the single market rather than weaken it.
The current notification instrument, ladies and gentlemen, no longer allows us to reach this objective because it does not guarantee that the Commission is properly informed about the most serious restrictions - I would remind you that, in 35 years, there have only been nine cases in which the Commission has decided on prohibition following notification in the absence of a complaint - nor does it guarantee transparency or provide real legal certainty for businesses which, in the majority of cases, receive a simple comfort letter.
The proposed system will improve the protection of competition, primarily because it will allow the Commission to concentrate its action on the most serious restrictions, also because it will involve national and competition authorities to a greater degree in stamping out infringements, and lastly in that it will allow victims of infringements to have direct recourse to national judges, whose mission is to protect the rights of individuals.
The question of renationalisation: first of all, although it is not really necessary, I would like to point out and stress, several times if I may, that the White Paper does not affect mergers or State aid in the slightest - we are not looking for devolution in these areas - but that, as far as Regulation 17 is concerned, there is a risk of renationalisation.
Of course we have pondered this issue, and we are still studying it extremely carefully, and this is also thanks to the concerns you have voiced.
At the end of the day, I honestly do not believe that this fear is justified.
The Commission proposal accords the Commission a central role in establishing guidelines on competition policy.
The reform does not entail any reduction in the Commission' s activities, but requires them to focus on the most important dossiers.
The reform will lead to a gradual development - I stress this because I was particularly taken with this term, used by Mrs Randzio-Plath, and, moreover, I fully agree with it - of European competition culture.
So, the reform will lead to the various national competition cultures being transplanted and taking root in the European competition culture - where today various small plants thrive, and they are certainly not all the same.
The fifteen sets of national provisions will gradually be abandoned, permitting greater use of Community law, which a higher number of protagonists will be able to apply.
Allow me to emphasise that this is communitisation, not renationalisation, of competition law.
The question of consistent application: the risk of inconsistent application of competition rules must be borne in mind, but I do not believe that it should be exaggerated.
As with many other provisions of the Treaty, Articles 81(1) and 82 have, after all, been applied for decades by national authorities and judges, and I do not feel that this has created serious problems.
In a directly applicable exception system, consistency will depend firstly on the degree of clarity of the material rules.
The Commission will make every effort to define the legislative framework, both through general provisions and through its decision-making practice.
Secondly, we will need to set efficient mechanisms in place to prevent disputes, and the White Paper sets out mechanisms for information and consultation.
In this respect, I would like to say something about the excellent idea put forward by Mrs Riis-Jørgensen and Mr Huhne of monitoring implementation.
This then is the idea of monitoring implementation.
I must say that I find this a very good idea that we will probably take up.
Though we have a high respect for the work of national competition authorities and so on, it is evident that we will watch very carefully how EC law is applied by national authorities and courts.
That is why the Commission wants to keep the right to withdraw a case from a national competition authority in the event of incorrect application.
This goes at least some way towards alleviating your concerns, Mrs Peijs.
Concerning Mr Evans' point regarding the implications for businesses, it is important that the cost-benefit analysis should be seriously conducted.
The purpose of publishing the White Paper is, after all, to collect comments from businesses as well as from other sources.
We have received many excellent observations and contributions which give us the material to make a cost-benefit assessment for business.
We will examine all that material carefully before making a legislative proposal for a new regulation.
There is one point about the impact for firms which is of great importance. This was raised by Mrs Thyssen, Mrs Peijs and Mrs Palacio Vallelersundi: the issue of SMEs.
Many speakers have underlined this.
The Commission is paying particular attention to legal certainty for SMEs.
We are proposing a system which considerably improves legal certainty for SMEs.
Why?
Is this simply a political gesture? No.
In the system we propose reforming our substantive rules in such a way that most SMEs will be covered by block exemption regulations, as in the field of vertical restraints. Most SMEs have in fact less than 30% of the market share.
We have a de minimis notice which contains a declaration that since SMEs are not involved in market dominance they are not normally subject to the strict prohibition under Article 81(1).
We are working on further block exemptions and guidelines which will all take into account the particular situation of SMEs, and our White Paper on modernisation will also improve the situation of SMEs, first by eliminating the bureaucracy resulting from the present notification system, and secondly, by making Article 81(3) directly applicable, which will benefit SMEs in particular.
The fourth group is legal certainty.
Mr Evans, legal certainty is, of course - and I am the first to acknowledge this - important for businesses, not just for the legal professions, although the latter do play an extremely important role in the construction of Europe.
Legal certainty is important for businesses: this is a subject, the importance of which the Chair of the Committee on Legal Affairs and the Internal Market, Mrs Palacio Vallelersundi, emphasised in her last intervention - and I am very grateful to her for the way she always takes the widest interest in subjects regarding the single market, including, in this case, competition.
I am convinced that this proposal will increase legal certainty for businesses for three reasons: by virtue of the direct effect of Article 81(3), it will permit authorisation, without a prior decision, of all restrictive competition agreements which meet the exemption conditions; it will create the opportunity to help businesses in the event of doubts over interpretation through the publication of reasoned opinions; it will be accompanied by exemption regulations and guidelines which will clarify the rules and ensure certainty.
(FR) Mrs Thyssen also referred to the matter of legal privilege for company lawyers.
Let me simply remind you that the Court of Justice pronounced a ruling on this in 1982, as you know better than I. This ruling remains valid and there is nothing to justify any reconsideration thereof.
The White Paper requires only a single aspect of the issue to be re-examined: the exchange of confidential information.
The guarantees which companies must be given are currently under discussion.
(IT) I shall now quickly turn, Mr President, to Mr Rapkay' s report, and I would like to thank him sincerely for the quality of his work and for the broad endorsement given to the Commission' s XXVIIIth Annual Report on Competition Policy.
We share the same basic views but the Rapkay report lays emphasis on several points that we shall need to consider very carefully.
I will mention only two, in order to be brief. The first is greater transparency.
Parliament knows how important we all consider the question of transparency in competition policy, as I did right from the moment I had my hearing, on 1 September, in the Committee on Economic and Monetary Affairs.
As regards the international aspect of competition policy, I can confirm, Mr Rapkay, that the Commission is willing to provide Parliament with a report on this subject, to which Mrs Randzio-Plath has also drawn our attention. We have very satisfactory bilateral relations with the relevant American, Canadian and Japanese authorities as regards competition policy, and we are working to ensure that competition is treated as a separate topic within the World Trade Organisation.
Mr Jonckheer, I would like to thank you just as warmly for your report on the seventh survey on State aid in the European Union.
I will not talk about codecision here, but this certainly does not mean I do not consider it important.
It has major institutional implications which obviously go beyond the specific area of competition; I am therefore not qualified to give an opinion, and this is obviously a matter for the broader context of the Intergovernmental Conference.
With regard to your suggestions, Mr Jonckheer, you already know that my staff, who, although short-handed as usual, are fortunately highly qualified, are working hard to produce the register of State aids and the State aids 'scoreboard' .
I am awaiting with great interest the results of the eighth survey, which, according to the scheduled timeframe, should be being drawn up by the staff now, in January, and for adoption by the Commission in March 2000, to see whether the latest trends are confirmed.
Mr Jonckheer, Mrs Thyssen and Mr Gemelli raised the issue of the state of preparation of the candidate countries in terms of competition in general and of State aid.
I can only say very briefly, that we are actively working with them on a practical level: they are making preparations, they now all have competition laws and are setting up the relevant authorities.
I can also say, in respect of your concerns on energy and especially on the environment - which, as you know, I share - that we are concluding the review of the organisation of environmental State aid.
In connection with the issue of State aid, I would also like to take up one of the points raised by Mrs Riis-Jørgensen, among others regarding repayment of illegal aid.
In April 1999, the Commission adopted new Rules of Procedure which introduced specific rules on repayment.
In the near future - and I can assure you of this - you will see just how seriously we mean to take these rules.
Finally, Mr President, I would like to thank Mr Langen warmly for his report, which, although geared more towards a specific sector, is a valuable contribution.
I would like to say that, as we know, the Commission report on State aid to the steel industry does not include individual decisions made under the exception procedure, pursuant to Article 95 of the ECSC Treaty, but addresses decisions which are not covered by the code on aid for the steel sector.
In respect of future provisions on aid for the steel sector, which will come into force in July 2002, we will ensure that strict discipline continues to be applied, and the industry itself now agrees on the need for this.
When we have finalised our proposal on the new rules and decided on the most suitable legal form, I will be happy to present our viewpoint to you.
So, Mr President, I will walk away from this debate, for which I am very grateful to Parliament, in the knowledge that we have the European Parliament' s intellectual and political support, which appears to come from all sides of the House, for competition policy, its basic appreciation for the work the Commission is carrying out and its confidence in our ability to continue to deliver in the future.
I am especially grateful for all of this. We will continue the interinstitutional dialogue opened with the Committee for Economic and Monetary Affairs, and, at a more general level, with Parliament.
In this regard, I liked your term, Mrs Palacio Vallelersundi: we must all pull together, preferably in the same direction.
Competition is not an end in itself, as Mr Rapkay rightly pointed out, but it plays an extremely important role in European integration.
As Mr von Wogau said at the start of the debate, at the end of the day competition is not an abstract concept: it is in the public interest and forms the basis of the social market economy.
I would also like to say that competition policy will play a valuable social, as well as economic, role in the European integration process, as it has done in the past.
Thank you, Commissioner Monti.
The joint debate is closed.
The vote will take place tomorrow at 12 p.m.
Protection under criminal law of the Union's financial interests
The next item is the report (A5-0002/2000) by Mrs Theato, on behalf of the Committee on Budgetary Control, containing Parliament' s recommendations to the Commission on introducing protection under criminal law of the Union' s financial interests.
Mr President, year after year we learn, mainly from the European Court of Auditors' test reports, that money is lost to the budget of the European Union on account of misdemeanours ranging from wastage, mismanagement, and irregularities to suspected blatant fraud.
For some time now, these abuses have meant that Parliament has been called upon to initiate measures that should serve to protect the European taxpayer' s money, which, when all is said and done, is what sustains the Union' s budget.
Particular attention in this respect should be given to combating fraud, to detecting it, punishing those guilty of it and preventing it from happening.
Creating UCLAF by means of the Task Force and setting up the anti-fraud office OLAF were important steps, as was the regulation on protecting the financial interests of the Community and on local monitoring.
The Union can only impose sanctions in the field pertaining to administrative law when cases are exposed. So far, efforts on the part of the Commission to ask for improperly obtained money to be returned only had limited success.
It is for the Member States to undertake criminal measures. Since there is often overlap between the two legal angles and cross-border violations against the Union budget are on the increase - they are also committed by those involved in organised crime - it is unclear as to where the responsibility lies amongst the Member States.
Then there are differences between the national legal requirements of the individual Member States, together with protracted or even unfulfilled requests for mutual assistance in law enforcement.
What is more, the agreement on the protection of financial interests and the two subsequent protocols signed by the European Council in 1995 did nothing to change this. For it to enter into force, it must be ratified by all 15 Member States.
After five years only four have done so.
This state of deadlock, which threatens to undermine the credibility of the Union, has inspired Parliament to initiate the setting-up of a European Public Prosecutor' s Office.
There is no intention whatsoever to create a transnational criminal law and judicial authority, rather the aim is to equip the Union with specific instruments for the protection of its financial interests, that is whilst upholding the principle of subsidiarity.
We are giving new life to this idea with this report and call upon the Commission to present legislative proposals that will enable this goal to be realised. The concerns of the Committee on Legal Affairs and the Internal Market, as articulated in its position, together with those of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, will also be taken full account of in this process.
We would like to make two recommendations arising from the establishment of OLAF and which should safeguard its operational and legal efficiency, transparency, and the protection of the rights of individuals.
In addition, we need - and this is my first recommendation - a legislative act that includes those offences which are to the detriment of the Union' s financial interests, and in which main principles are firmly established.
I support the proposed deadline for the Commission being 30 September in a proposed amendment.
The second recommendation relates to criminal proceedings.
The Commission ought - and I have also amended this deadline to 31 May 2000 - to propose a legislative act on the establishment of an independent body which has institutional links with the Commission, for coordinating and supervising the legal investigative body OLAF.
The existing monitoring committee can only monitor the independence of the Director of the agency.
The proposal for a legislative act of this kind should contain an independent statute for this body and define its tasks, which are confined to inquiries and criminal prosecution undertaken by OLAF into activities which are to the detriment of the Union' s financial interests, and to OLAF' s relationship with the national authorities.
There is no question of this influencing the administration of justice in the Member States.
The Court of Justice is to monitor the legality of the legislative acts.
In addition, we call upon the forthcoming Intergovernmental Conference to take up debate on the establishment of a European Public Prosecutor' s Office for the protection of the financial interests of the Union, where possible on the basis of the now widely recognised study compiled by well-known experts, the so-called corpus juris, and of the feasibility studies that have subsequently appeared.
Further support for this proposal is also to be found in the second report of the so-called Five Wise Men.
The Commission, Mr Barnier, Mr Vitorino and several Member States are equally receptive to the idea.
I call upon you, ladies and gentlemen, to vote in favour of this report, which the Committee on Budgetary Control adopted with a large majority.
We can set another example here, to the effect that Parliament is taking action to prevent mismanagement and in particular, fraud, and to mete out punishment where necessary.
Mr President, I am happy to take the floor in the debate on this report and I congratulate Mrs Theato.
I believe that this is a report for which cooperation between committees has worked very well, and the result, which we have received today, is moderate and thoughtful in a very delicate area. This moderation and thoughtfulness is particularly necessary in the implementation of Article 280(4).
If we had to give a prize for the article which was most difficult to understand, least clear and most confused - however you like to put it - the competition would be very hard fought.
The Treaty is a collection of complex articles. However, this one would undoubtedly be one of the firm favourites to win such a prize.
At the same time, it is an especially delicate issue because it deals with the protection of the Community' s financial interests, as Mrs Theato has explained very well.
We are all aware - and this Parliament has been the steadfast champion in this respect - of the need to protect the financial interests of the Community. But be careful.
As the French say, "ne jettons pas le bébé avec l'eau du bain" [let us not throw the baby out with the bath water], that is to say, in the protection of the Community' s financial interests, we must respect, on the one hand - as Mrs Theato has said - the competences of the Member States, but also other matters which affect the citizens, which affect the essential guarantees.
The conclusions of the Theato report safeguard them perfectly.
Therefore, in my capacity as president of the Committee on Legal Affairs and the Internal Market, and, of course, as an MEP, I hope that a large majority of this House will support this report and that it will be well implemented by the Commission.
Mr President, this, as Mrs Theato said, is a critical report.
It is a report that has been proposed by the Committee on Budgetary Control and it is an own-initiative report.
One of the reasons why we were very keen to bring this forward was because, whether we like it or not, the European Union has a reputation for fraud and mismanagement. It is sometimes exaggerated but there it is.
We need to do something about it.
Some of the measures we have put in place in the past have not been honoured by some of the Member States - and let us not forget that the Member States are responsible for implementing about 80% of the EU budget.
A lot of them have not signed up to or not ratified the Convention on the Protection of Financial Interests, and therefore it was clear that something more radical needed to be done.
We need to take this responsibility seriously.
We need to be able to prosecute people who commit fraud against the European Union.
The question is: who prosecutes?
That is where we really get into difficulty. Whose responsibility is it when you are dealing with a body that crosses so many frontiers?
We need also to be sensitive to the concerns of Member States.
The proposal to set up a European public prosecutor service is a very sensitive one. We are all aware that an all-out federal approach and a situation where a European judicial authority takes precedence over the national judicial authorities is a step too far for some people.
But the discussion needs to begin and we are therefore calling on the IGC to start discussions.
Of most importance to Parliament, as the guardian of the budget of the European Union, is how to deal with people who work within the European Union institutions.
At a time when we are looking at the whole reform process it is critical that we send the right signal.
People need to understand that if they commit fraud they will be prosecuted, and that is not the case at the moment.
The whole question as to whether we have the legal authority to do this has been outlined by Mrs Palacio.
I should like to make clear that my group is going to propose an amendment deleting the detail of how the Commission should tackle this question.
We are aware that it is a delicate debate. We know that the Commission may perhaps need the scope to negotiate a situation which would be acceptable to all parties.
Can I just make it clear that we have no commitment to a corpus juris here, no commitment to a federal European public prosecutor. But there is a definite commitment to change the status quo which is totally unacceptable.
Mr President, I would like to start by congratulating Mrs Theato on her report. I think it is a first-class report which will, for the most part, be supported by my group.
I just have the distinct feeling that she would have preferred to take it a little further at this stage.
Judging from the discussions held over the past five or six months, this could well be the case.
We all know that, in 1995, it was agreed that the Union' s financial interests should be given better protection under criminal law. But the Member States failed to cooperate.
This is just a political fact about which little can be done at present, I think.
It is now possible, on the basis of Article 280 of the Treaty, that the Commission will take new initiatives, and I would like to suggest to the Commission that it do this at the earliest opportunity.
Unlike the previous speaker, who has now disappeared, my group is strongly in favour of a European Public Prosecutor.
My colleague Jan-Kees Wiebenga, will undoubtedly take this point further because he has already published a report on the same subject matter.
I think what we need is, at European level, to come up with exact definitions of fraud and irregularity as quickly as possible.
I myself have been involved in the committee of inquiry on transit traffic. One of the major problems in this area was that if you do something wrong, especially when it comes to revenue of the European Union, then this will be termed an irregularity in one country and a crime in another.
This, I thought, is no longer permissible, certainly not at the moment.
I would like to make one general point on politics.
Whatever we may say about the European elections, the low turnout is a fact.
We can improve on this by punishing crime in Europe quickly, and this must be done at European level.
Mr President, I too would like to thank the rapporteur. Mrs Theato' s report may help to restore confidence in European institutions.
I believe that is something we are all desperately in need of, bearing in mind the results of the last European elections and of the level of turnout. Yet, every year we have the same problem.
The Court of Auditors publishes its report, which criticises the Member States on account of various incidences of fraud. So far, however, the European institutions have not had sufficient means at their disposal to take vigorous action here, to ensure that implementation actually takes place and that matters are remedied.
It is precisely this process that undermines confidence every year.
I believe that Mrs Theato' s report and her proposal can help to reverse this very process and to make clear that the European institutions take steps to ensure that European money is employed in a targeted manner and that no fraud is perpetrated here.
It is important that after the first step, which has already been taken, i.e. forming OLAF from UCLAF - an independent institution - we now take the second step and create a legal framework for OLAF, in order that OLAF too might operate within a secure legal framework.
We will need the European Public Prosecutor' s Office for this, which will see to it that there are clear legal guarantees, also for suspects.
Having said all that, I must say that unfortunately, my group will not be voting for your report as a united front. I hope that the debate will convince a few more people.
Unfortunately, however, people still have too many misgivings to the effect that this will be the kind of European institution that undermines subsidiarity.
But I will do what I can to see that Mrs Theato' s report receives more support.
Mr President, we are basically in favour of the resolution that has been tabled, even if we think that this can only be interpreted as an invitation by Parliament to the Council to amend the Treaties, so that effective protection under criminal law of the Union' s financial interests can be guaranteed.
The establishment of a European Public Prosecutor' s Office and the definition of offences common to all countries of the Union is doubtless a good idea, but it is impossible to consider putting this into practice without having first introduced a European legal system.
Indeed, we are talking about criminal law, the area where resistance that national States put up to communitisation is, and will be, fierce.
Indeed, it is unthinkable that we could put in place substantial and procedural legal regulations solely for one sector - that of the protection of financial interests - without first having created a European legal system.
Reading the precise and comprehensive explanations in the Theato report makes you realise just how many problems still need to be resolved and what these problems are.
In any case, this idea must be encouraged, and it will doubtless be during this attempt to protect financial interests that we realise that we need to include a Community corpus iuris in the Treaties.
On behalf of my group, but also personally, I hope that the vital financial spirit of the Union will pave the way for the creation of a European legal system which respects citizens' rights and guarantees, which is to say a legal system that will raise guarantees to the acceptable levels hitherto unseen in many States.
Therefore, on behalf of my group, I would like to say that we support the Theato report; I nevertheless think that this is essentially a subject that should be included on the IGC agenda.
Mr President, Mrs Theato' s report on the protection of the European Union' s financial interests proposes centralising criminal proceedings by initially creating a European Public Prosecutor.
This proposal is radically opposed to the spirit of the current system in which the criminal law and criminal proceedings that lie at the heart of the national legal systems must come under the sovereignty of each nation and lie within the exclusive competence of each state.
But the idea of a European Public Prosecutor, on the other hand, aims in the long term to confine the national states to a subordinate role in these matters.
Moreover, this proposal is liable to set off a chain reaction of totally unforeseen reforms.
According to the Theato report, the European Public Prosecutor is needed, in particular, in order to better support the inquiries of the anti-fraud office, OLAF.
At the same time, however, we see from the van Hulten report under discussion today that the European Public Prosecutor should in turn be supervised by a European Union court.
In this way, a small European reform may hide a medium-sized one, and a medium-sized one may hide a large one.
Not to mention that the large one may hide a gigantic one, as the very next thing we will see is a proposal for a European criminal law and then, why not a European Minister of Justice, supervised by an extension of the powers of the European Parliament?
I therefore feel we must carefully consider the balance of power that we are in danger of upsetting if we put forward this type of reform, which appears to be quite specific.
In the final analysis, we feel that proposals such as the proposal for a European Public Prosecutor demonstrate an inability to conceive of a Europe in anything other than a centralised and hierarchical form, organised around a superstate.
The Union for a Europe of Nations Group, on the other hand, wishes to see a polycentric Europe with nations linked in a network.
And such a network could take the form of improved coordination between national public prosecution authorities, for example, and the creation, if necessary, of national teams specialising in offences involving Community finances. So the legal framework, Mr President, is already in place.
It is fine, in principle. It need only be fine-tuned.
Mr President, Mrs Theato is proposing institutional revolution for a twofold reason.
Public opinion, although indifferent to 20 million unemployed and thousands of mad cows, is now supposed to be worried about the fraud endangering financial interests and these two reasons are supposed to justify a twofold solution: a European criminal code with crimes against the Community and a European Prosecutor-General.
Mrs Theato probably forgot to include a European prison now that we have the FBI, the European police, in the form of OLAF.
All this would be established by two regulations, one for the Public Prosecutor and another for the criminal code. The regulations would be adopted pursuant to Article 280 of the Treaty, i.e. based on secondary law, whose characteristic feature is that it makes any sort of secondary shift of emphasis possible.
And indeed there is a twofold shift.
Firstly, the classic Eurofederalist ideological shift, a single market, a single VAT, a single diplomatic service, a single army and now a single criminal code and a single public prosecutor.
All this to combat fraud worth less than EUR 1 billion, while disregarding the tens of billions of euros lost due to the Generalised System of Preferences, free trade areas, customs presents to Chiquita and the billions lost to the fourth resource, GDP, as a result of the budgetary rationing pact.
Next we have the Puritan shift: the Teutonic Europe of the North, the Europe of the Lutherans, Calvinists and Quakers, wishes to inflict its moral order on us.
Basically, the more we lose our grip on morals, the more we tighten our grip on our wallet.
Mr President, it is essential for there to be effective protection under criminal law of the financial interests of the European Union, more so these days than there used to be.
The fraud and corruption scandals of the past have had a profoundly damaging effect on the confidence of Europe' s citizens.
The credibility of the efforts we make here in Parliament to employ our finances properly stands and falls with the efforts we make to deal with such scandals and prevent them from arising in the future.
This does not just mean administrative changes but also structural changes; in other words we must create instruments which are actually capable of affording protection under criminal law.
The Intergovernmental Conference 2000 will provide the appropriate forum for discussing this.
Now it is, of course, possible to take the view that criminal law and criminal proceedings law are intrinsically matters pertaining to the law of the Member States and it is quite unthinkable that they should be governed by the principle of subsidiarity.
There is no doubt that I myself am one of the advocates of this principle and one of those who oppose any further extension of competences at European level.
When it comes to the demands made on the Intergovernmental Conference agenda, it is the call for there to be clear delimitation of competences that should take centre stage.
Now that is not a contradiction, since the demand for an instrument of criminal law and criminal proceedings law, as detailed in Recommendations I and II of the report, is actually about taking action in the EU' s own interests, which, as far as that goes, does not damage the legal interests of the Member States; on the contrary, it protects them, at least indirectly.
The compatibility with the various national systems of law, as confirmed by experts, shows that criminal law is another area where Europe has a great deal in common, for example where the significance of the offences we have been discussing here is concerned.
Taking these aspects into account, I consider it appropriate that we create a framework of this kind, as proposed, and I also consider it necessary to the further development of OLAF.
Mr President, will a European Public Prosecutor be able to abolish football fraud involving EU funds?
I do not believe so.
On the other hand, we can go a long way using the existing tools.
An alternative to the European Public Prosecutor could be Eurojust, as proposed at the last Summit.
In the way it is structured, Eurojust should correspond to Europol and support investigations into crimes.
It is just such practical cooperation there is a need for.
OLAF, Europol and the Treaty on Extradition and Mutual Assistance in Criminal Matters should be used fully and, when the Fraud Convention from 1995 is at long last ratified in the Member States, we can also achieve a lot with this.
I nonetheless agree with the rapporteur that it is quite unacceptable that most Member States should still not have ratified this Agreement.
It is simply too bad, and I can well understand why people are becoming impatient and demanding that we have a common European Public Prosecutor' s Office instead.
However, it would be quite a mammoth task to establish such an Office.
It is, after all, only the most serious crimes which would have consequences under criminal law.
Ninety per cent of cases would be disciplinary matters concerning negligence or incompetence.
Instead, there is a need for proper internal control and the ability to sack people more easily.
We should alter the staff regulations and disciplinary procedures and, especially, change our practice.
At the moment, Article 52 of the staff regulations concerning dismissal on the grounds of gross negligence is never used.
Should we not make a point of cleaning up our own act and putting our own house in order before we plunge into constructing grand new institutions!
Mr President, we all want to do something about combating European fraud. But the question is now: is the European Union doing anything about it as well?
The answer to this is that we know very little about this.
The Tampere Summit was about combating crime. Everyone was supposedly pleased about it but, in reality, we have made little progress.
There is no European anti-fraud legislation in force because the Member States, as was stated before, have not ratified the treaty texts submitted.
So a great deal has to be done in this area. And what exactly should be done?
Two things, and Mrs Theato' s report clearly spells these out.
Firstly, the same penalty clauses regarding European fraud must apply in all Member States of the European Union.
So, unification in this small area.
Secondly, we should indeed set up a European Public Prosecutor' s Office with two tasks, firstly to assist the national public prosecutors, helping bring criminal proceedings in European fraud cases and, secondly, to supervise Europol and OLAF in a judicial sense because these are two criminal investigation services which can operate at the moment without any judicial supervision.
The European Public Prosecutor' s Office is nothing to be afraid of.
I feel there is a lot of scaremongering going on.
It is, in fact, something very positive. Just like Europol.
Europol, involving police cooperation, does not rank above the national police forces, but is there for the purpose of exchanging information between police forces.
This is exactly the task which a small, limited, European Public Prosecutor' s Office should carry out, not just at the criminal investigation stage, but also at the prosecution stage.
Parliament supports this. The Committee of Wise Men supports this.
I urge the Council of Ministers and the European Commission to do the same.
Mr President, I want to concentrate on the issue of corpus juris.
I would very much like to support what Mrs Morgan said on this issue.
Corpus juris is something that was set up without any kind of public debate or public participation.
The idea of a European Public Prosecutor on the continental inquisitorial model with overriding jurisdiction throughout EU territories would have a major impact on the traditional systems both in Ireland and the UK.
The idea of a single criminal code and the European Public Prosecutor is something which Member States have a right to be informed about.
Indeed when the plan was initially drawn up they said it would be restricted to cases of fraud against the EU budget. But when corpus juris was actually launched in 1977 in San Sebastian - to a very select audience of 140 jurists, with no media invited - the President of the European Parliament at the time, Mr Gil-Robles Gil-Delgado, said that he considered it embryonic and that the intention was to extend EU competence in criminal matters to all areas of criminal activity.
We need a public debate on this. We need the Member States and the citizens in the Member States to be properly informed.
The issue of the threat to the traditional legal system in Ireland and the UK needs to be addressed.
There needs to be much more openness and transparency on this issue than there has been to date.
It is unacceptable that something like this has been foisted on the Member States of the EU without any proper public debate.
Mr President, on behalf of the Italian Radical Members, I abstained on this text in the Committee on Budgetary Control, because I share the concerns that have been voiced, in such an authoritative way, by the representative of another legal culture which is certainly important: common law.
With this text we are undoubtedly forcing the issue, since we believe that there are points that must be resolved and it is important for Community fraud to be curbed, to be crushed.
Nevertheless, the way in which our committee intends to see this text through, with the drive and stubborn desire of its Chair, Mrs Theato, will not be without its critics.
Another major criticism of the text concerns secondary law.
Article 280 of the Treaty allows the Council to pinpoint the appropriate instruments to curb fraud.
Nevertheless, we are left feeling slightly perplexed that they envisage an institution which will mean higher quality, without immediately planning how to deal with the repercussions of this. That is to say, they are neglecting the area of defence and therefore the possibility for the prosecution and the defence to work together effectively within such an important legal system.
We wanted to express our perplexity as regards these points by abstaining in committee.
Mr President, we need to speak our minds on this subject in the European Parliament, during the plenary sittings and in the committees, even if it is obvious that the debate must take into account the world of the culture, the legal culture and the places where institutional issues are addressed.
We find ourselves dealing with some very serious events, which in the past seemed to be the norm.
Today, something has changed, at least in terms of mechanisms, and especially as regards monitoring, but we are still not satisfied, particularly if debates are held in competent fora that go as far as to discuss a European Public Prosecutor, crimes, fraud, the misappropriation of funds and the disclosure of confidential information pertaining to one' s office at European level.
I feel that we must clearly safeguard the Community' s interests, its image and its relationship with taxpayers, who are an indispensable and essential part of Community life.
For this reason, it is right to look at the issue of safeguarding common interests, and to establish better links with legal systems within the individual States.
In this respect, we are faced with the most sensitive issue: what role would a European Public Prosecutor play in relations with the individual national communities and their domestic legal systems?
This issue needs to be explored further in both cultural and practical terms.
Today, we run the risk of adding a new institution to the already numerous and varied institutions which exist within each country.
Mr President, I would very much just like to add to two particular points.
Firstly, I would not wish to take up the philosophical issues of subsidiarity and the sovereignty of Member States, although I am very much in favour of having such a debate, for my regular viewing of British television programmes has shown me what the national politicians are conjuring up there in the way of threats posed by the continent to the home-grown legal system.
Sometimes it is worthy of satire and merits discussion, but I digress.
The point I want to make relates to Mrs Theato' s report.
I believe that as far as the judicial difficulties are concerned that we are facing here - and the European Union evidently has only very limited room for manoeuvre when it comes to making these offences litigable as European criminal offences - we have become embroiled in legalities. I am referring to Recommendations 1 and 2.
After all, there is no longer mention of a European Public Prosecutor, rather, for legal reasons it has now become an independent, European authority, or "body" to quote Mrs Theato.
We obviously have difficulties there with regard to the legal basis.
We also face difficulties with regard to offences.
Nothing has changed there. As has always been the case, there are offences that transcend European offences, as it were, or at least there is the potential for them to do so, and these might include money-laundering, receiving stolen goods, and forming a criminal organisation.
As far as that is concerned, I believe there are judicial uncertainties that need to be overcome.
What Parliament needs to do as a matter of urgency though - and this is why we intend to vote for recital 1 without these recommendations - is to send out a clear political signal to the Commission and Council that we want to see a clear legislative act put an end to this disorderly state of affairs.
Mr President, for years, Parliament has called for specific and uniform protection under criminal law of the Union' s financial interests.
Frustration inevitably sets in when we see the weakness of the Convention (and of the protocols relating to this protection) which, five years after being signed, has still not been ratified and has still not come into force.
On the other hand, more pro-active attempts, such as OLAF, which is currently operating, have not allayed legitimate concerns about the system of guarantees for individual rights.
The proposals in Mrs Theato' s report seek to encourage the Commission to present a substantive legislative measure on the protection, under criminal law, of our financial interests, which would criminalise certain activity, specifically fraud against the Community budget. These proposals represent a serious attempt to establish a new and ever more urgently-needed uniform criminal law for the whole Community.
At the same time they call for the existence of an independent body to coordinate and monitor the thoroughness of investigations by OLAF, without harming the administration of justice by each Member State and under the supervision of the European Court of Justice.
Finally, following on from what was agreed in Tampere, the report restates the need for a European Public Prosecutor. This issue has been brought once again to the fore by Commissioner Vitorino' s timely decision to ask the IGC to include in its agenda the creation of this new role, which everyone considers vital.
We should approve this report because it highlights the need to maintain efficient legal control over our institutions, by protecting the Union' s financial system with a substantive and procedural European law which is capable of maintaining the credibility of the Community' s economic life.
Nevertheless, it raises some very basic questions.
Is there currently a sufficient legal basis for justifying, in legal terms, the creation of a specifically Community-wide criminal law which, although it might be called subsidiary, will always clash with the practice, and in certain areas, with the traditional, separate criminal law of the Member States?
As there are doubts, would it not be more advisable, from a political point of view, to put the reform of the legal system on the IGC agenda, and incorporate these proposals into the more general reform of the Union' s legal system along the lines of what is being requested for the European Public Prosecutor?
Surely these subjects will be of the greatest relevance to a revision of the treaties which will contribute to the stability of the area of freedom, security and justice?
Mr President, the EU is now exposed to tough scrutiny.
Confidence in the European Union has been seriously damaged. To remedy this, vigorous efforts are required.
We therefore welcome increased resources for OLAF so that we can investigate any suspicions more efficiently.
At the same time, we think it is obvious that those who commit crimes against the EU must be able to be held accountable in an effective way.
It is unfortunate that the convention for protecting the Union' s financial interests has been put into effect in so few Member States.
We therefore think it only right that the Commission should have the task of tabling proposals entailing the further development of the already existing legal framework.
On the other hand, I am not convinced that making the process more efficient in this way requires common European legislation or centralisation of the fight against crime.
In the present situation, I am therefore sceptical about the idea of a European prosecutor, which it is scarcely possible to implement within the framework of the present treaty.
We have more confidence in Eurojust, where prosecutors from the individual nations cooperate.
The major problem is not that no measures are being taken against crimes committed against the Union but, rather, that these are committed so often and far too seldom discovered.
The challenge for the Commission and for ourselves is, however, to find the right mix.
The mismanagement and examples of fraud which occur ought not to lead to our ending up in an old-fashioned hierarchical bureaucracy which, through an exaggerated supervision of detail, prevents the development of a modern administration.
We therefore welcome the aggressive approach of Mr van Hulten' s report.
The main idea ought to be that each administration takes responsibility for its own supervision.
Our experience of modern administration tells us that openness, decentralisation of responsibility and qualified evaluation are often as effective as detailed bureaucratic supervision.
The major challenge is, therefore, to create a modern and efficient administration without compromising on supervision and the rule of law.
This requires staff training, more modern recruitment methods and, above all, openness and public control.
Being able to scrutinise the administration effectively is the best protection against irregularities.
Mr President, rapporteur, restoring the confidence of the citizens in the work of the European institutions and in European politics is one of the most important tasks we have before us.
The Commission has given its commitment to this task and the draft for the overall package of internal reforms documents this.
Parliament is committed to this task, which is something this report bears impressive witness to.
On behalf of the Commission I am able to congratulate the rapporteur on having again addressed the genuinely difficult question as to what we can do, in terms of creating legal bases and effecting institutional change, to step up the fight against fraud perpetrated against the European Union.
On ratifying the Amsterdam Treaty, all Member States stated that they wanted to accord combating fraud against the financial interests of the European Union the same priority as combating fraud to their own detriment. Yet as things stand, only the first four Member States have ratified the agreement concluded in 1995.
The Commission wholeheartedly agrees with the rapporteur that this is an unacceptable situation
A legislative act, a directive, in which there is a standardised definition for the different types of fraud such as money-laundering or corruptibility, and in which the obligation to launch criminal proceedings is enshrined as a binding objective, may enable us to take a major step forwards, and I will therefore advise the Commission to examine this step with all due haste.
OLAF, the European anti-fraud office is one of the most important instruments the Commission has for fulfilling its obligation to combat fraud.
Accordingly, the Commission refused to put up with the fact that both European banks, the ECB and the EIB, contested the right of OLAF to include these two institutions in its investigations, citing their independent status.
This is why the Commission resolved on raising a complaint against these two banks at its last meeting, and I hope that Parliament approves this step.
The second recommendation in this report relates to assessing the legitimacy of the investigative measures undertaken by OLAF in the various European institutions.
It is the task of the monitoring committee for OLAF, which was set up at the same time as OLAF, to safeguard the independence of OLAF, however it cannot undertake the action mentioned in the report of monitoring internal investigative activities conducted by OLAF.
I am fully in agreement with the monitoring committee and the rapporteur on this point.
In other words, there is a loophole here which must be filled and I will examine the solution advocated in the report in the interests of moving things on.
There is one thing I would ask though: I believe we must prevent the debate on extending the legal basis for OLAF from leading to the misconception that OLAF does not now have enough authority.
No, there must be no undermining of OLAF' s authority, and neither do I think this was the rapporteur' s intention.
As such, I would ask you to give OLAF' s work your full support, also in its present form.
Thank you, Commissioner Schreyer.
The vote will take place tomorrow at 12 p.m.
VOTE
(Parliament approved the Commission proposal)
Heaton-Harris (PPE-DE).
Mr President, on a point of order I should like to ask you for clarification of the Rules of Procedure: namely Rules 133(2) and 138(4). These are both about voting.
Is it not the case that on votes other than roll-call votes, the vote should take place initially by show of hands and only then, if there is some doubt, should we utilise the electronic voting system?
That is quite right, Mr Heaton-Harris. I put the matter to a vote by a show of hands because none of the groups had requested voting by roll call.
You know that voting by roll call or electronic checking only takes place if Members of the House request it.
In this particular case, I can assure you there was a large majority in favour of the directive which we have just voted on.
Mr President, I was not referring to that particular vote but to votes in general.
It is obvious that some presidents do not look at the hands, so to speak, but go straight to the electronic voting system.
I was wondering whether this is the correct procedure.
I know it takes longer, but should we not always have a show of hands first?
Mr President, as far as the second reading is concerned, the Commission can only accept one proposed amendment put forward by Parliament.
The Commission hereby adopts this amendment and accepts it.
(The President declared the common position approved (as amended))
Report (A5-0104/1999) by Mr Koch, on behalf of the Committee on Regional Policy, Transport and Tourism, on the proposal for a European Parliament and Council directive amending Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (COM(1999)0158 - C5-0004/1999 - 1999/0083(COD))
(Parliament adopted the legislative resolution)
Report (A5-0108/1999) by Mrs Schroedter, on behalf of the Committee on Regional Policy, Transport and Tourism, on the communication from the Commission in the field of the Structural Funds and their coordination with the Cohesion Fund: guidelines for programmes in the period 2000-2006 (COM(1999)0344 - C5-0122/1999 - 1999/2127(COS))
(Parliament adopted the resolution)
Report (A5-0107/1999) by Mr Berend, on behalf of the Committee on Regional Policy, Transport and Tourism, on the Sixth Periodic Report on the Social and Economic Situation and Development of the Regions of the European Union (SEC(1999)0066 - C5-0120/1999 - 1999/2123(COS))
(Parliament adopted the resolution)
Report (A5-0069/1999) by Mr von Wogau, on behalf of the Committee on Economic and Monetary Affairs, on the Commission White Paper on modernisation of the rules implementing Articles 85 and 86 of the EC Treaty (COM(1999)0101 - C5-0105/1999 - 1999/2108(COS))
(Parliament adopted the resolution)
Report (A5-0078/1999) by Mr Rapkay, on behalf of the Committee on Economic and Monetary Affairs, on the European Commission' s XXVIIIth Report on Competition Policy (1998) (SEC(1999)0743 - C5-0121/1999 - 1999/2124(COS))
(Parliament adopted the resolution)
Report (A5-0087/1999) by Mr Jonckheer, on behalf of the Committee on Economic and Monetary Affairs, on the seventh survey on state aid in the European Union in the manufacturing and certain other sectors (COM(1999)148 - C5-0107/1999 - 1999/2110(COS))
(Parliament adopted the resolution)
Report (A5-0073/1999) by Mr Langen, on behalf of the Committee on Economic and Monetary Affairs, on the Commission Report on the implementation in 1998 of Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry (Steel Aid Code) (COM(1999)94 - C5-0104/1999 - 1999/2107(COS))
(Parliament adopted the resolution)
EXPLANATIONS OF VOTE- Own resources
.
(FR) The European Union is apparently financed through four own resources. The European budget is effectively sourced from VAT and on the basis of GDP, especially now that the Community preference system has been abandoned and the multiplication of free trade areas has put paid to customs duties and the common agricultural levy, which had already been cut back drastically by the Generalised System of Preferences.
Since then, Community VAT fraud and distortions in the calculation of GDP, the taxable basis for the fourth resource, have had a perceptible effect on the yield and justice of Community resources.
Since then, of course, this Europe with pretensions to federalism is now more than ever financed like the commonplace intergovernmental organisation it actually is, but which it refuses to see itself as.
This can be clearly seen in the regulation before us. It shows a concern with the accounting involving own resources, the process of making them available or with the monitoring of declared amounts made available to the Commission.
Furthermore, the new Advisory Committee that has been created is made up of representatives of the taxpaying Member States.
This is a long way from offshoots such as the "Community criminal code" , the "European Public Prosecutor" or a European police force, with OLAF.
There is as yet no federal European tax.
All the same, a Europe with 25 members will be wanting a European tax on income, if not on profits, or the tax on CO2 to finance the budget for 2025.
Koch Report (A5-0105/1999)
- (FR) It is with great satisfaction that I welcome this report on improved harmonisation in the training of safety advisers for the transport of dangerous goods.
In recent years, the transportation of dangerous goods nationally and internationally has increased considerably, increasing the risk of accidents.
Some of these risks were due to an inadequate awareness of the risks inherent in such transportation.
It therefore proved necessary, in the context of establishing the internal market, to adopt some measures intended to ensure better risk prevention.
Directive 96/35/EC was a response to this requirement.
Firms involved in the transport of dangerous goods and in the loading and unloading operations related to such transportation have been obliged, quite rightly, to comply with regulations regarding risk prevention, whether road, rail or inland waterway transport is involved.
In order to facilitate achieving this objective, Directive 96/35/EC provided for the appointment of safety advisers for dangerous goods who would have appropriate professional training.
This professional training would be targeted at awareness of the terms of the legislation, regulations and administrative conditions applicable to such transport.
While this represented significant progress at the time, the lack of specific terms governing the harmonisation of examination requirements proved to be a problem.
It therefore seemed essential to make good this omission in order to achieve the standardised, high-level training of safety advisers, but also in order to avoid any disparities between the costs of training, with a concomitant effect on competition between the firms of different Member Sates.
The Commission proposal seeks to ensure that the training of safety advisers is standardised. It outlines the minimum content of examinations and defines the role of the authorising body as well as the requirements demanded of the examining bodies.
Parliament voted in favour of this text.
It did, however, table a number of amendments, most of which were adopted in the Council' s common position, particularly regarding the need to draw up a questionnaire and statements on the authorisation of some document in the context of the 'specification of the examination arrangements proposed by the examination body' .
In order to be realistic, I further support postponing the date for the application of these conditions until three months after the directive itself comes into force.
I shall conclude by emphasising that harmonising the professional qualifications of advisers will contribute to improving the quality of the service in the interest of users, to minimising the risks of accident likely to cause damage to the environment as well as significant damage liable to be harmful to any person who may come into contact with dangerous goods.
Koch Report (A5-0104/1999)
Last October I expressed my views on the Hatzidakis report on the transport of dangerous goods by rail.
The views I shall express today are not far removed from those I had then.
Essentially, my opinion is as follows: I deplore the fact that, in a field as crucial as the transport of dangerous goods, we keep putting off the adoption of harmonised standards to the detriment of human beings and the environment.
I shall point out that a directive on the approximation of Member State legislation on the transport of dangerous goods by road came into force on 1 January 1997.
This included a number of interim conditions valid until 1 January 1999.
This is the time when we should have expressed our opinion of the Commission proposal to put an end to the derogations.
In line with the usual procedure, it is the European Committee for Standardisation (CEN) which puts forward standards in this area, and they are then integrated in to the European Agreement concerning the International Carriage of Dangerous Goods by Road signed in Geneva in 1957 (known generally as ADR), applicable throughout Europe, whose terms and conditions form the basis for the legislation applicable within the EU.
The CEN has been unable to complete its work in the time allotted.
Consequently, the Commission proposal under discussion today is intended to amend the directive in order to provide a short-term solution to these problems, rather than to put an end to the transitional arrangements, as should have been the case!
This is exactly what happened in the case of transport of such goods by rail, except for the fact that a time limit had been decided.
Right now we do not have the slightest idea as to when the CEN will be in a position to put forward practical proposals.
Until then, there is really no point in Member States amending their national regulations.
The report also accepts that some flexibility may be adopted, and grants States the option of adopting or applying alternative standards.
They may, therefore, continue to enforce their own standards regarding certain types of pressure vessel used for transportation, where there are no applicable European standards.
They may also adopt alternative conditions for transportation of a local nature and for ad hoc transportation.
In offering this explanation of my vote, therefore, I wished to express my deep dissatisfaction and my deep concern.
Schroedter Report (A5-0108/1999)
Mr President, I wanted to press home my explanation of vote by this oral explanation following on from the Schroedter report with regard to regional development.
I would urge both the Member States and the Commission to give sufficient consideration to the huge disparities in wealth which continue to exist between the different regions in Europe.
Not only the difference in income per capita but, above all, large disparities in employment continue to give cause for concern.
Despite the fact that the Community, through the structural funds among others, injects considerable sums into combating the disparities between regional development opportunities in Europe, these disparities continue to exist.
I therefore wonder whether the Community should not have a more drastic change of tack and, based on very strict evaluations, change its course and change its objectives in such a way as to make it possible to combat the disparities in wealth and employment more effectively.
Mr President, in relation to the Schroedter report, I am aware, and have had it confirmed to me by Mr Barnier, that the rules on additionality concerning Structural Funds apply only at the level of Member States and do not apply in a transitive and transparent way inside Member States in favour of self-governing regions such as Wales or Scotland.
I regard that as a very unsatisfactory state of affairs.
I hope we can revisit this issue at a later time.
I want it to be clear that though I voted in favour of the report, I have this important reservation.
- The Schroedter report speaks of the need to promote partnerships with regard to the spending of EU Structural Funds in Europe for the period 2000-2006.
I believe that this is particularly important as EU Structural Funds are always spent in a manner which maximises the economic development of different regions when local and regional authorities are involved in the decision-making process for the spending of such funds.
As a Member of the European Parliament for the constituency of Leinster, I have always supported the need for the implementation of bottom-up schemes supported by national EU funds.
I believe that the Irish Government and the European Commission and different EU governments cannot alone decide on specific spending priorities. I believe that local authorities and groups from the private and voluntary sector should be fully involved in the decision-making process for the spending of European Structural Funds.
For example, we have seen the success of the Leader I and Leader II schemes in Ireland in terms of the jobs which have been created through the administration of these programmes in rural parts of Ireland and within Europe.
The Leader III scheme is set to be implemented some time later this year.
The Leader programme at its core affords an opportunity for public, private and voluntary groups to pool their collective talents so as to create long-term and sustainable jobs in small and medium-sized enterprises in rural areas.
This is a classic example of how the partnership concept operates and such schemes must be supported in its broadest remit.
The European Peace and Reconciliation Fund has also been a success in creating jobs in border counties in Ireland.
Once again, there is active participation from groups from the private, public and voluntary sectors which suggest how best particular funding can be spent so as to help different local job creation projects within this region.
During the next round of EU Structural Funds 2000-2006, other EU initiatives such as "Equal" and "Urban" will be operating.
These initiatives must also involve the participation of local authorities and local communities in an effort to identify where best European Structural Funds should be spent.
The rapporteur refers to the need to implement an integrated approach to new EU Structural Fund plans and programmes. They must promote a decentralised, efficient and comprehensive partnership based on the skills and commitment of all sectors in regional and local authorities.
This is very sensible because key economic and social difficulties in our country cannot be overcome unless there is key integration between national, European and local funding.
. (FR) This report takes us back to the question of why we even have a regional policy.
In order to reduce disparities between regions, of course.
But more especially because, even though at first sight the European market guarantees us improved functioning of the economy, it may also be a source of inequality.
Jacques Delors was accustomed to saying that the market was short-sighted and hence the political need to reduce disparities.
It is precisely this phenomenon of solidarity which lies behind the European social model, which we are all in favour of, and which gave rise to the idea of economic and social cohesion.
This is a real political objective, alongside economic and monetary affairs, drawn up in collaboration with Member States, regions and local communities, with the Commission itself responsible for issuing guidelines in order to show Member States what direction to take in order to achieve the objectives required in the context of programming.
This is why I shall support this report, despite regretting the fact that, for timetabling reasons, the European Parliament was only consulted at a very late date on the guidelines intended to assist Member States, regions and local communities in the programming of Objectives 1, 2 and 3.
Moreover, I would also urge this House to take into consideration the opinion of the Committee on Employment and Social Affairs, adding a whole raft of thoughts on key areas such as combating social exclusion, support for the social economy and the implementation of the employment strategy.
Mrs Schroedter' s report marks a further step towards the transparency and effectiveness of structural aid.
It highlights the increasing vital role of all the parties involved, chiefly those involved at a local level, who are the only ones able to define specific requirements and social problems, hence our determination to ensure that the partnerships to be established are true partnerships, which are decentralised and involve all the agents concerned.
This is the reason for the request which we are putting forward again to establish a management unit for structural assistance in the Member States, which would coordinate the implementation and administration of aid.
In order to do so, the monitoring committees must be opened to include Members of the European Parliament, associations and industrialists concerned by the projects and also civil society.
These guidelines represent a step towards the improved effectiveness of Community structural aid.
Amended again as such by the Schroedter report, they are a step in the right direction.
They also call for a general debate on the future of the cohesion policy after 2006, but that is another subject.
In the meantime, let us support this first step.
- This report calls for drastic cuts in the level of illegal state aid dished out by some Member States.
Although I wholeheartedly support this aim, I would much rather see such aid eliminated altogether.
In my mind, illegal state aid amounts to little more than state-sponsored social dumping.
We all oppose social dumping when perpetrated by fat cat industry, we must also oppose it when perpetrated by governments.
If we are to have an effective single market that makes European industry globally competitive and generates wealth and employment for all Europeans, then we must have a level playing field.
Illegal state aid, by contrast, destroys competitive companies and creates unemployment.
There are, of course, cases when state aid can be necessary and legitimate, for example helping companies restructure.
In all such cases, however, strict criteria must be met and prior approval from the European Commission gained.
Whether we are talking about beef to France or about backhanders to industry, EU Member States must not be allowed to flout the law.
I enthusiastically support the report's proposal to publish a "scoreboard" showing the amount of state aid per Member State.
Countries that claim to be at the heart of Europe but which systematically break its rules should be named and shamed and their hypocrisy revealed.
Member States cannot be allowed to proclaim European solidarity in public while trying to undermine the single market in private.
I take some mild encouragement from the fact that levels of state aid to industry in Europe appear to be falling.
Much remains to be done, however, and I call on the Commission to be far tougher in exposing the subsidy junkies of Europe.
.
(PT) The Commission' s main instruments for overcoming regional disparities are the Structural Funds and the Cohesion Fund. It is therefore crucial that the European Parliament drafts its broad indicative guidelines without threatening the principle of subsidiarity, given that establishing the development strategy for each country falls to the respective Member States.
Unfortunately, the European Commission has already moved ahead with its guidelines and Parliament' s position on the programmes for 2000-2006 does not carry much weight.
It is nevertheless important to reiterate the need for the main priority of these funds to be the development of the countries and regions with the greatest problems and of the outermost regions, of which the Portuguese regions of the Azores and Madeira are examples. This must be done with the objective of achieving economic and social cohesion.
The truth is though, that the Commission' s guidelines do not fully meet these objectives.
On the other hand, it is crucial that there are precise indications and sufficient funds in areas such as creating decent jobs - with rights - effectively promoting equality in law and opportunity, and supporting the social economy and solidarity. There must also be support for rural development, for small and medium-sized enterprises, for improving the quality of life of urban populations in deprived areas, specifically in the field of social housing, with a view to achieving sustainable urban development.
.
(IT) While Article 158 of the EC Treaty aims to promote the harmonious development of all of the Communities, we must say that the goal of eliminating disparities is still a long way from being fulfilled, or rather in some cases, as with Italy' s Objective 1 zones, paradoxically, disparities are being exacerbated, particularly because of the continuing weak approach of the structural apparatus to Community procedures and the persistent muddle of procedures; despite the changes to the rules, the Community structures have not yet been streamlined.
In the first place, if administrative procedures are not simplified, it will be hard to attain Community objectives on reform, with a view to greater efficiency and concentration.
In this respect, the Commission document has shortcomings, as it makes no recommendation to the Member States to simplify procedures and national legislation for the presentation and examination of projects by the national authorities, and for their funding, execution and monitoring.
SMEs, micro-enterprises and craft businesses in particular are still "weak operators" , given that it is precisely for them that the regulatory and administrative constraints imposed by some Member States, including Italy, are major obstacles to accessing Structural Funds.
A considerable stumbling block is the fact that the regions and other operators find it impossible and are incapable of making plans in time.
In view of this, in accordance with the decision on the 97/99 guidelines (Howitts report), the Commission should have consulted Parliament in time. In fact, it found a sort of convenient excuse in the shortening of the programming stage in the Member States, and it published the guidelines back in July 1999, even before the new Parliament had taken up its legislative duties, thereby preventing Parliament itself from having any influence on the current content of the guidelines.
This is why the mid-term review, provided for under Article 42 of Regulation 1260/99, will be of considerable importance.
In general, the current guidelines cannot be considered as clear or transparent.
They merely touch on the - nevertheless important - issue of the possibility of assessing the progress made in relation to verifiable objectives which are completely consonant with the strategies followed in Community policies, and they do not pay enough attention to the implications of enlargement, so much so that they do not contain specific provisions or clarifications as regards either regional and national authorities, or candidate countries.
That said, the differing approach adopted in the guidelines, which are not geared to geographical objectives, but rather to policy areas, can be considered as positive.
While in theory this may meet the need for concentration and therefore the efficiency of interventions, we cannot help wondering whether the current situation of the Objective 1 zones allows, in practice, a policy of integrated interventions, for which an operational instrument to coordinate the appropriations is necessary.
We could then, theoretically, also support the Commission' s call for a management unit for structural assistance in the Member States, with the task of coordinating the implementation and administration of structural assistance there,provided that this unit does not become a centralising instrument at supranational level, but guarantees real help for those zones - and I stress this once again - which, owing to a whole string of converging negative factors, have not yet harnessed Structural Funds to sufficient levels, with the result that replacing the geographical objective with policy areas could, in fact, amount to a negative intervention.
The guidelines, as adopted by the Commission, are very limited because, instead of meeting the aim of providing guidance, they are providing a shopping list of possible measures, a shopping list which, as it fails to set priorities in ascending order, could even put the Member States on the wrong track by guiding them towards a series of proposals that is at odds with the desired concentration.
We could say that, in this state of affairs, we have once again missed the opportunity to really strengthen sustainable urban development by ring-fencing ever-increasing urbanisation and, hence the destruction of the countryside.
There has been no appropriate assessment of the importance of the global grant instrument, which could prove to be extremely useful in redressing the balance between urban and rural zones and, moreover, would accord proper status to local bodies which, being independent, could bring about the conditions for territorial development more quickly, and make a practical contribution to the efforts to reform the Structural Funds and to achieve the objectives of efficiency, concentration and administrative reform.
Rural areas must truly be seen as a resource which should be increasingly invested in, by encouraging young people to remain in rural areas in order to prevent their economic and social disintegration.
It is now a fact that in order to attain this goal, rural areas need to see the creation of new jobs, which are no longer solely connected with agriculture, in the traditional sense - although this sector is important for the protection of the environment and the preservation of biodiversity - but also, for instance, in rural tourism, sport and cultural activities, environmental projects, SMEs, services, and so on.
A genuine flaw in the guidelines are specific guidelines for the orchestration of coordination between the ESF and employment strategy. The fact that this coordination is being put into effect for the first time during the 2000-2006 programme period implies that the Member States really do need "guidelines".
I must also stress that once again the Commission is, in fact, skirting the issue of practical action on equal opportunities.
In conclusion, the document is not particularly satisfactory, and in some aspects is disappointing.
Berend Report (A5-0107/1999)
. (PT) We basically agree with the assessment and the thoughts put forward by the rapporteur concerning the sixth periodic report on the social and economic situation and development of the regions of the European Union.
We shall therefore confine ourselves to highlighting a few issues.
Firstly, and as the Commission itself states, it must be understood that the great improvement seen by some of the poorest regions in their per capita GDP between 1991 and 1996 was largely due to the inclusion of the new German Länder in calculating the Community average from 1991 onwards. This obviously caused a slight reduction in the Union' s per capita GDP level.
We also feel that it is particularly important to state that the recovery seen in some regions - where it did actually take place - was accompanied only to a limited extent by growth in employment. This consequently imposes the need for new development strategies, with a considerably greater level of attention needing to be paid to this area.
This situation shows that it would be a mistake to leave adopting measures for promoting employment to the exclusive internal control of the Member States, which is what the report proposes.
Finally, but no less importantly, I would like to refer to the rapporteur' s proposal that, in future, this type of report should also include, amongst other issues, an analysis of the way cohesion is developing between the regions within each State.
The huge variety of situations and the varying development seen from region to region within the same State mean that there is a need for an in-depth assessment of this issue. This kind of assessment would enable us to allow and guarantee corrections to regional (and other) policies with a view also to guaranteeing internal cohesion within each Member State.
. (FR) Considering the employment situation in the Community and the European Union' s declared ambition to steadfastly attack unemployment, the analysis of mergers carried out by the Commission should take elements other than competition into consideration.
As an example I would give the restructuring of ABB Alsthom Power. A sizeable delegation of employees of this firm from throughout Europe is visiting Strasbourg today.
The management of ABB Alsthom Power, following a merger carried out in June 1999, announced restructuring where there is already the prospect of layoffs in a number of countries.
This damaging situation for employment raises many questions, particularly regarding the information given to the European Works Council, in existence since 1996.
It suggests that the Community directive on European Works Councils must be updated and strengthened.
It also requires the monitoring of mergers taking employment, the environment and consumers into consideration.
Since the report of the Committee on Economic and Monetary Affairs did not go far enough in this respect, I abstained.
.
(PT) By proposing to apply the principle of subsidiarity in Community competition policy, the Commission is devolving to national authorities and courts the responsibility to take decisions and deal with abuses of dominant positions in relation to company agreements which create market distortion. Issues of mergers and state aid however, still remain within the notification system.
The position that has now been adopted aims to create more rapid ways of applying competition policy, moving towards applying Community law in national courts rather than at the European Court of Justice, and even aims at having specialised courts.
This partial renationalisation of competition policy could involve higher costs for Member States.
On the other hand, as the rapporteur points out, in the name of competition policy, public monopolies are often exchanged for private monopolies, with the privatisation of important industries and public companies, as has happened in Portugal, with harmful consequences for the country and its workers.
- (FR) The Commission' s White Paper on the modernisation of the rules implementing Articles 85 and 86 of the EC Treaty (now 81 and 82) certainly does not propose any "renationalisation" of competition policy, as some Members of the European Parliament fear.
But it does, at least, make it possible to anticipate some rather interesting options for development of the European Union.
In fact, taking note of the congestion of its services due to the prior notification system of state agreements likely to cause distortions in trade, and afraid of seeing the number of notifications increase yet further with the arrival of new Member States, the Commission is proposing to do away with the prior notification system of such agreements, and to apply competition rules at Member State level in a more decentralised fashion.
The most remarkable thing, in my view, is the message conveyed by this proposal: that the Commission is anticipating the consequences of enlargement and realising that this necessarily, and virtually automatically, requires reform of the centralised system.
Admittedly, this reform is one of increasing flexibility rather than dismantling.
Indeed, the White Paper envisages that the Commission will retain the supervision and central direction of the new system.
Moreover, the von Wogau report, which the European Parliament has just voted on, supports it in so doing.
But at the same time, one can clearly see that the upheaval caused by enlargement may lead to Community competences being limited and subsidiarity being extended.
It is a quite different Europe which is taking shape in the long term.
Is this not, indeed, what is so distressing to some Socialist Members of the European Parliament?
The German Social Democrats voted against the von Wogau report because, in their view, it might break up European policy on competition, which is to say, in plain terms, attacking the standardising superstate.
Curiously, a number of employers agreed with them, preferring the European "one-stop" system, which they consider to be more economical and more stable legally.
Indeed, this is one advantage of the present system.
But, on the other hand, the wider view must also be taken, namely that the initial decentralisation which has been begun today may, in the long term, lead to greater freedom to take the requirements of each country into account, and this will be of benefit to everyone.
Rapkay Report (A5-0078/1999)
The Members of Parliament from the Lutte Ouvrière Party shall not be voting in favour of these reports on European competition policy.
Competition is a war which has major concerns fighting each other, which constantly takes the form of layoffs, factory closures, not to mention extensive waste of production capacity.
We see a further example of this with the planned layoffs in Europe proposed by the corporation ABB Alsthom Power.
Eighteen million unemployed and 50 million poor people within the European Union, despite its being one of the wealthiest regions in the world: these are the results of this competition which the European institutions intend to promote.
The Commission' s declared intention to regulate the conditions of competition on the European market is ridiculous, for the only law which competition respects is the law of the jungle where the most powerful squash or devour the weakest elements.
This is repulsive most of all in social terms.
The European Commission' s report is a blunt demonstration of the fact that the Union institutions have no interest in anything except the major capitalist corporations who are engaged in this economic warfare and have no interest in the victims this causes.
There is nothing to prevent the spread of unemployment, nothing to protect employees, nothing to prevent the major concerns driving part of the population into poverty simply to make their shareholders richer still!
We acknowledge that this report does have one good point - it shows that the working class majority in society can expect nothing from the European institutions in terms of safeguarding their living conditions, and still less of improving them.
- (FR) In voting against this report, we are acting as spokespersons for all the men and women who in Seattle and throughout Europe expressed their rejection of a world reduced to strict commercial logic.
We are voting against this report on behalf of the development of public services, in memory of the victims of the Paddington rail disaster, killed not by fate but by an absurd determination to have competition where there should instead be regulations.
This report is essentially a primitive text with no inspiration other than the law of the jungle, for it is not competition that can solve the problems facing humanity at this turn of the century.
Whether it is a matter of the balance of the biosphere, culture or cooperation with the third world, excessive competition is a factor increasing regression and insecurity.
Do you imagine that the 18 million unemployed people in Europe are victims of too reticent an application of this competition policy?
We are convinced that the opposite is true, and we do not think that state aid is by definition excessive.
Excessive in comparison with what iron rule, what criteria of efficiency?
Finally, after Seattle, do you really think you can advocate increasing the role of the WTO?
Only the legal advisers to multinationals could demonstrate such stubbornness.
Jonckheer Report (A5-0087/1999)
I am pleased to see the quality of the seventh report on state aid within the EU, and to see that it will henceforth be an annual report, and also that the Directorate-General for Competition will be making information, both general and specific, publicly accessible via its website.
I am happy with the rapporteur' s treatment of state aid and I congratulate him on this.
There is too often a tendency to criticise state aid harshly as a measure causing distortion in competition.
Admittedly, an effective competition policy is a prerequisite for the proper operation of the internal market and of economic and monetary union.
However, as the rapporteur pointed out, such aid is occasionally essential and may, in addition to enabling the survival of a specific firm, make it possible to contribute to sustainable development (Article 6 of the Treaty), services of general economic interest (Article 16) and economic and social cohesion (Article 158).
Clearly though, it must be monitored, a task which falls to the European Commission.
The aid which Union Member States allocate each year to the sectors under consideration reached a total of EUR 95 billion in the period 1995-1997, including 40% allocated to the manufacturing sector.
This aid is considerably less than the previous period, 1993-1995 (a 13% drop in the total amount and a drop from 3.8% to 2.6% in the amount of aid to the manufacturing sector).
This downturn in aid is chiefly due to the reduction in aid granted to the new German Länder.
Like the rapporteur, I deplore the fact that the figures given in the report do not cover all state aid.
The European Commission must make good these omissions as soon as possible.
It must also cooperate with the Member States in order to improve the quality of data in good time, which is to say in time for the ninth report.
I think it would be a good idea if the Commission published a register specifying the amount of state aid per Member State.
I also deplore the fact that the European Parliament has been totally excluded from the Advisory Committee on State Aid.
In order to compensate for this situation, the European Commission should be obliged to make regular reports to us.
I shall conclude with one aspect of the use of state aid which I feel is particularly dangerous: the matter of aid resulting in businesses relocating from one Member State to another, with the risk of subsidy hunting which makes no contribution to the shared objectives of the EU.
This is why I should like to see the next report on state aid include some assessment of the effect of such aid on employment, industry and craft businesses in the beneficiary countries.
Langen Report (A5-0073/1999)
In the important debate on competition this morning, I expressed my views on Mr Langen' s report on the implementation in 1998 of the sixth Steel Aid Code.
Just as the Court of Justice recognised in its order of 3 May 1996, the iron and steel industry is particularly sensitive to disturbances to its competitive operation.
Establishing a system of aids to this sector intended to ensure the survival of successful firms was therefore justifiable, even though Article 4(c), of the ECSC Treaty prohibited any sort of state aid to the steel industry.
This, indeed, is the purpose of the sixth Steel Aid Code.
At the same time, it is, of course, essential to avoid any disturbance of competition conditions or of the markets, hence the importance of regulating such aid.
It is therefore essential to continue to restrict state aid to research and development, environmental protection and aid granted in the event of plant closure.
In the same way, it is vital for Member States to fulfil their obligation to report to the Commission on the aid granted to their steel undertakings, as stipulated under Article 7 of the Steel Aid Code.
The Commission suggests that Member States submit their reports within a time limit of two months following the end of each six-month period or, at least, annually, without the need for reminders.
Like the rapporteur, I am pleased with the Commission report, but I did deplore the fact that the report did not cover every aspect of the aid.
Although the Steel Aid Code is expressed in a very clear way, the Commission has, on a number of occasions, authorised aid for the steel industry even though such aid did not fall within the categories set out in the code.
In the interests of equality, there are grounds to either apply the Steel Aid Code strictly or modify the Code if the Commission wishes to authorise types of aid other than those legally acceptable at the moment.
Finally, we have the problem of the consequences of the expiry of the ECSC Treaty.
The aid system must effectively be continued beyond 2002.
My feeling in this respect is that only a Council Regulation can provide the necessary legal certainty and ensure an official ban on any aid not covered by the code.
For all these reasons I voted in favour of the Langen report, and I now await the Commission' s response to our requests and demands.
(The sitting was suspended at 1.05 p.m. and resumed at 3 p.m.)
Oil slick off the French coast
The next item is the Commission statement on the oil slick off the French coast.
Mrs de Palacio will open the debate on behalf of the Commission.
Mr President, I shall be speaking on behalf of the PPE-DE Group, but also as an elected representative for Brittany, and I am therefore directly concerned and shocked by these events.
Together with Mrs Grossetête and the PPE-DE Group, we tabled a motion for a resolution.
I am pleased to see that we have today arrived at a compromise motion.
The Erika shipwreck is a truly European issue, firstly because it is disfiguring and polluting some of the most beautiful beaches in Europe, with extremely serious consequences for tourism, people who earn their living from the sea and environmentalists, and also because the underlying issue is the regulation and monitoring which ought naturally to be on a European scale.
A disaster of this scale could almost certainly not have occurred along the American coastline, and why?
Because the Americans managed to learn their lesson from the Exxon Valdez disaster and in 1990 to draw up the Oil Pollution Act, which makes the parties concerned aware of their responsibilities, as it makes it possible to hold the charterer liable, and is more restrictive, and, more especially, more carefully monitored thanks to various regulations and, in particular, the existence of the American coastguard.
If, I repeat, we had had regulations of this type, then this disaster would surely not have occurred.
This is why we think that the applicable legislation must be reviewed, particularly the 1992 protocol which has exempted the shipowners, in this case the oil tanker charterer, from any liability.
Well, if the charterer is exonerated, then of course he is less concerned with the inspections which oil companies are responsible for.
The regulations must therefore be reviewed, and I thank you, Commissioner, for highlighting the inadequate features of current European regulations.
Moreover, as you said, monitoring must above all be stepped up: that of the flag state, that of the classification societies.
You told us that RINA was an Italian classification register recognised by the Commission.
What are the conditions for this recognition?
What guarantees are there of its reliability?
You are going to commission a fact-finding mission. We await the outcome with great interest.
Inspections by the maritime authorities and supervision within European ports must also be tightened up.
There is a Paris Memorandum in existence, let me remind you, which stipulates a minimum for inspection, that is, one in four of the vessels putting into European ports must be inspected by the maritime authorities of the country concerned.
This obligation is not respected either in France or in many other European countries.
Why not?
What conclusions has the Commission already drawn or what conclusions is it going to draw?
I also think it essential to step up the level of inspection that the charterer is responsible for, in this case, the oil company.
If the charterer' s liability entails a financial commitment, then doubtless the inspection will be enforced to a greater extent.
Finally, we need some coordination of national maritime authorities in order to achieve some sort of European facility comparable to the coastguards who supervise the coasts of the United States.
Firstly, I would like to thank the environment colleagues in my group who approached this particular problem jointly with their transport team.
This disaster is both a transport and environmental one and is not confined to one area.
Here we are here again in this Parliament discussing yet another maritime disaster.
I could reel off the list of disasters that have afflicted this industry in my 10 years in this Parliament but I only have three minutes.
Surely it is now about time that not only the Member States but that toothless tiger that is known as the International Maritime Organisation, and last but not least, the oil companies and tanker owners take on their responsibilities by acting to stop these ecological and human tragedies repeating themselves year after year.
How many more Erikas do we have to endure before the powers that be deliver to us a proper port state control that is effective throughout the whole of the European Union, not just certain areas of it?
How much more pollution do we have to endure before the industry delivers us tankers with segregated tanks and double holds?
How many more seabirds are to die before shipping companies end the practice of cleaning their tanks at sea which, as our resolution points out, causes far more pollution than any Erika-type disaster?
While I recognise that some progress has been made in areas like port state control and minimal crewing standards, we are still faced with what our late colleague Ken Stewart used to call 'ships of shame sailing in and out of our European Union waters: rust buckets badly crewed'.
We need the Member States to act quickly and decisively.
We need our governments to put up the financial resources needed to give us effective control and we need them also to stop dragging their feet when it comes to maritime safety.
The Erika cost no human lives but it may have ruined many human livelihoods. Just as the Sea Empress, just as the Braer did.
It is absolutely certain that all three left us with an ecological disaster.
My group's sympathy goes out to the people of Brittany who have seen their area despoiled by this disaster, just as my group's sympathy went out to the people of West Wales and to the Shetland Islands on previous occasions.
Is it not about time that we stopped expressing sympathy and started issuing enforcement notices to get rid of these ships of shame in favour of safe seas or we will be back again, later on this year, discussing a new motion for a resolution when yet another flag-of-convenience tanker sadly goes down spewing its crude oil all over the sea.
The time for resolutions has passed. What is now needed is action.
Sadly, I fear, the Council will yet again fail to act and we will be back in the future discussing yet another maritime and ecological disaster.
Mr President, every time there is a disaster of this kind people say it must never happen again.
In reality we can never stop accidents happening at sea, but it is incumbent upon us all to learn the lessons whenever an incident of this kind takes place and apply those lessons to reduce risks in future.
The "Erika" incident was serious especially for the people of Brittany most closely affected, but it was devastating for the wildlife of much of Europe.
Some say that it is the worst accident that has ever befallen the bird life of this part of Europe. The Royal Society for the Protection of Birds believes that as many as 400,000 birds, perhaps mainly guillemots, may have died.
The pictures many of us will have seen of oil-soaked birds being put down by veterinary officials were both distressing and tragic.
We all want the highest standards for ships whatever flag they may be flying.
We need to enforce the regulations and ensure that the "polluter pays" principle is applied so that financial penalties and some incentives are used to put pressure on both ship operators and oil companies to ensure that best practice is introduced.
I agree with every word the Commissioner said in her remarks, but the question is, how long will it take to ensure that measures are introduced to deal with the problem in the way she proposes?
As a politician she needs to remind her officials how difficult it would be were she to have to come back to this Parliament in a year, were a similar incident, just as devastating, to take place, if some of the measures she has proposed today were simply still remaining as fine words and she had not had the chance to put them into practice.
The thought of an incident of this kind occurring in the near future should concentrate her mind and the minds of her officials wonderfully.
Mr President, Commissioner, I have brought you a small gift.
Here is a cake of oil sent by someone living on the French island of Noirmoutier who wrote to me as follows: "With every tide, the beach is covered with heavy fuel oil which has leaked out of the Erika.
With every tide, the volunteers, members of the armed forces and firemen remove great pancakes of this thick, sticky, black tar.
When will we see a return to cleanliness and the end of this devastating accident?"
Indeed this disaster involving the Erika, like that of the Russian vessel in Turkey, moreover, is unacceptable and intolerable at a time when the ultimate hi-tech technology is available.
It is all the more unacceptable for such a thing to occur twenty years after the Amoco Cadiz disaster, despite our saying at the time and many times since, "Never again!"
It is, of course, the responsibility of policies, and therefore our responsibility, to guarantee the safety of sea transport.
We absolutely have to guarantee our citizens that a disaster of this type will never happen again.
But, listening to you, Commissioner, we are somewhat frustrated because anyone already involved in these matters knows that in 1992, I believe, the Commission and Parliament drew up a very interesting text which already contained all the proposals included in the resolution drawn up by the transport committee.
Indeed, we must say and keep saying that the Erika is one disaster too many.
This is why it is essential, as a matter of urgency, for the European Union to undertake a radical review of its directives on sea transport to make them more restrictive and to establish clear and specific regulations determining the responsibilities of the owners of the cargoes.
We should be aware, for example, that Shell and British Petroleum refused to use the Erika to transport their oil.
Why, in these circumstances, is the liability of Total as charterer not recognised?
Your proposals must also include making double hulls mandatory and enforcing observance, at last, of the ban on degassing at sea.
A European inspection body must be established which can monitor the condition of vessels effectively and efficiently.
In addition, it is also essential for the European Union to undertake to reform the IMO, as a matter of urgency.
What point is there in issuing restrictive directives if, once they are at sea, most vessels do just what they wish?
Finally, a compassionate thought for all the volunteers, nature lovers and bird lovers, who spontaneously and generously are coming through to the aid of the oil-covered birds, organising rescue operation with the means available.
I can testify to this remarkable work.
You are no doubt aware that approximately 200 000 birds are going to die as a result of this oil slick, which is a major ecological disaster, practically unprecedented in scale.
In relation to this, you are no doubt also aware how difficult it is nowadays to preserve natural species as well as natural spaces.
And, on this subject, Commissioner, you did not mention how the Commission intends to contribute to the restoration of the natural environment and the natural habitats.
Once again, there will be no clearly defined party responsible.
In the meantime, it is nature that is taking the rap, as always.
Mr President, my group asked that this debate be set up in order to provide Parliament with an opportunity to express its solidarity with the people directly affected by this ecological disaster, affected both in terms of their economic activities and in terms of their attachment to their natural environment.
Let me, in this connection, welcome the presence in the visitors' gallery of Mrs Javette-Le Besque, spokesperson for the oil slick action group "Marée noire" , made up of men and women from the French department of Morbihan.
Many volunteers from France and other European countries have expressed their solidarity by lending a hand to the victims in the field.
As the European Parliament, we can express our solidarity primarily by taking action in order to ensure the immediate release of emergency aid to the families affected by the oil slick and, at the same time, demanding tightening up of the quality criteria, on the European and international scale, of the regulations and standards governing the safety of sea transport, stipulating much more frequent inspection and sanctions that are a far greater deterrent to offenders.
Our proposals are particularly concerned with the age of oil tankers.
Among those inspected and found to be in contravention of regulations last year, 15 were at least 20 years old and some were 30 and more.
This is no longer tolerable.
Next, we have flags of convenience.
According to the International Transport Federation, over 40% of the ships wrecked in 1998 were sailing under flags of convenience, the symbol of profit and the exploitation of human beings at the expense of safety.
This is no longer tolerable.
Finally, there is the lack of transparency.
Everything is done to make the lines of responsibility, the identity of the owners and real decision-makers as impenetrable as possible.
This is no longer tolerable.
In all these respects we must ensure real, significant change, including setting a time limit for the switch to new standards, including the mandatory double hull, on pain of being banned from the ports or the territorial waters of Member States.
We must also ensure increased strictness both in issuing sea-worthiness certificates and in monitoring the condition and the maintenance of vessels.
Finally we must ensure that all the parties responsible for disasters contribute to repairing the damage caused.
I am thinking specifically of Total-Fina in the present instance.
This is an approach, Mr President, which the European Union can develop with regard to the International Maritime Organisation.
In so doing, it will have proved its usefulness to public opinion which, in this instance, is awaiting clear, tangible action.
Mr President, Commissioner, as a Member for the French Atlantic coast, for Vendée, I should first like to express the disgust of the people who are the victims of the Erika oil slick in the face of these disasters, caused not by a natural disaster such as the hurricane which has also just struck us, but by a crime.
In this emergency, in this ordeal, we have seen a magnificent display of solidarity: local solidarity, national solidarity, and intergovernmental solidarity.
What the stricken populations are waiting for now, those who have lost everything, particularly among those who made their living from the sea and from tourism, those people whose businesses have been compromised for several years to come, is not for the polluters to repair the damage they have caused, but for the gears to now be set in motion to ensure that their present misfortune serves to prevent similar crimes affecting other people in future.
Quite clearly, we are now paying the price for our lack of concern. Because our states, with the blessing of the Community, did not deem it useful to have its own commercial fleet and allowed meticulous shipbuilding know-how to disappear, we no longer have access to the clear traceability of vessels and we can see veritable coffin ships navigating our waters under flags of convenience, drifting according to the short-term interests of the multinationals.
It is absolutely essential to put an end to this floodtide of irresponsibility, irresponsible charterers, untraceable shipowners and lenient certification companies.
So today we find ourselves in a state of utter confusion.
Obviously, such matters should be handled at world level, but the current international regulations of the IMO are far from adequate and are far too loose, and neither our own countries nor the Community have tried determinedly to make them stricter, despite previous disasters.
Admittedly, there is the International Oil Pollution Compensation Fund, IOPCF, but it waters down the issue of liability and sets its ceiling at a quite inadequate level, which must be reviewed.
The question of flags of convenience must be reviewed within the IMO.
It is up to the Members States and the Community to take the necessary initiatives to achieve this.
Let me remind you that the Erika was sailing under a flag of convenience, that of a state applying for membership of the European Union.
In addition, there are Community directives, but they are seldom applied, if at all, due to the insufficient number of national inspectors.
This omission must be remedied as a matter of urgency.
A directive on maritime safety has been in preparation for many years, but it is making very slow progress.
The Commission is displaying intolerable inertia and unacceptable shortcomings.
The date when the Commission is supposed to present its communication devoted to this key issue is put off time and again. It is now scheduled for July.
This must be brought forward.
The terms of the regulations to be enforced must be particularly clear and strict.
I shall mention three issues that our group feels are priorities.
Firstly, the liability of owners of oil cargoes must be clearly established and the victims of pollution incidents must be able to claim on this liability unequivocally.
The best form of prevention we can offer for the future is the sure knowledge we can offer charterers that they will be heavily penalised in civil, criminal and financial terms if they are not extremely vigilant regarding the matter of the safety of the vessels they select.
Secondly, the requirement of the double hull as a condition for access to Community waters must be enforced as soon as possible and cease to be put off indefinitely.
Thirdly, a strict age limit on vessels to be given access to Community waters must be established in the near future. This could be of a maximum of 15 years of age.
If we do not obtain a framework of Community regulations which is sufficiently clear, strict and trenchant, then those Member States that wish to do so must be allowed to take the necessary steps to protect their people and their territory, in the same way that the United States succeeded in learning the lessons of the Exxon Valdez disaster by making double hulls compulsory and banning all vessels more than 20 years old from their waters.
Thus, the Erika was refused access to American waters.
If the European Community had done the same, a great disaster would have been avoided.
Let us ensure, Mr President, Commissioner, that this time we really do learn the lesson, even after the media hype and the shock of this House have died down.
Mr President, Torrey Canyon, Olympic Bravery, Haven, Amoco Cadiz, Gino, Tanio, so many names we remember with horror. And now the Erika.
Whose turn is next?
Twenty one years after Amoco Cadiz, this umpteenth oil slick, the seventh since 1967, shows the irresponsibility of our successive rulers.
The Atlantic West Coast once again is paying a high price for their inability to react, for their capitulation to the multinationals.
It is hard to understand why the French and the Europeans allow something which the Americans refuse to accept, and why Europe, normally so quick to pass environmental legislation, has chosen to overlook the matter of maritime safety.
And this is the result.
The Erika, a vessel flying a Maltese flag, a floating rust bucket, classed amongst the most dangerous type of oil tankers, has contaminated more than 400 km of our coastline, a case of pollution even worse than that caused by the Amoco Cadiz.
As an elected representative for the Loire-Atlantique region, unfortunately, I can testify to this.
There is nothing natural about these recurring disasters, they are the result of fate.
They are the result of human thoughtlessness.
What we have here is an ecological disaster.
Only the people cut off from the harsh reality of the grass roots could have any doubt about that.
It is also an economic disaster for all the people who make their living from the sea and from tourism, fishermen, oyster farmers, shellfish farmers, people who make a living from the salt marshes, shopkeepers, etc.
The Erika disaster must be the last in the series.
First of all, we must shed some light on this shipwreck.
Why do we not appoint a parliamentary committee of inquiry or get Members of Parliament involved in the team of experts which has just been announced by the Commission?
Next, as a matter of urgency, we muss pass legislation, firstly, regarding identification of the exact characteristics of goods transported.
In fact, according to the experts, the oil the Erika was carrying was supposed to sink to the bottom and should never have reached the coast.
We know what actually happened.
Next, reliable technical inspection must be established like the technical inspection compulsory in France for vehicles more than five years old.
We must regulate the use of flags of convenience, make double hulls mandatory for the transport of polluting or dangerous materials, work on technological innovations in order to be able to process or recover hydrocarbons at sea.
This would be a minimum requirement, I believe, on the dawn of the third millennium.
Non-compliant vessels must be denied access to European waters, the responsibility of polluters, shipowners or charterers must be determined in line with the principle of the "polluter pays" , maritime supervision must be strengthened to prevent any degassing, thorough and reliable inspection of tankers must be required, an appropriate "natural disasters" budget line must be re-established for Member States and, in the meantime, Community aid released on an exceptional basis and the French departments affected by the disaster should be made eligible for Structural Funds.
I have also tabled a resolution on this subject on behalf of the EDD Group.
Mr President, in the course of the last few years there has been a succession of serious tanker disasters world-wide and the countermeasures taken have either been ineffective or not worth mentioning.
It is particularly bad this time, not least because it has affected a major European State; an incident which could happen again at any time.
We urgently require a directive if we are to reduce these risks. The 15 clearly do not suffice.
These guarantee - making no claim to be exhaustive - a minimum of 3 things. No tanker or freighter fit only for the scrap heap must ever put into any harbour within the European Union again.
All those involved, including the transport agent, are responsible for any ensuing damage, and these individuals are to provide satisfactory assurances.
This is the only way of affording the victims the opportunity to make their claims for compensation.
However, we must aim higher in the long-term, let there be no mistake about that.
In other words, we need real cost-effectiveness for our entire energy supply system.
Mr President, may I start by saying that I would like to thank Commissioner Palacio very much for her clear, adequate and, at the same time, very firm response.
Many thanks for this.
This also means that, in any case, I have a great deal of respect for the briefing note which she sent on 10 January but also for the action points which she announced today.
The Erika disaster shows that when sound traffic and transport regulations are lacking at international and European level, nature and the environment come off second-best.
The damage suffered, also in ecological terms, cannot be expressed in money. Hence also this joint debate involving transport and environmental management Members.
During the Christmas break, when the Dutch media received attention for the Erika disaster, I had a look, just out of interest, on the Internet to see what arrangements were, in fact, already in place for the purpose of taking relevant measures, especially after Premier Jospin had said that Europe should do more.
What I learned is that, actually, there is sufficient legislation in place but the problem is the lack of supervision.
Could I highlight a few points which have also been touched upon by the Commissioner?
First of all, the port-state control, according to which 25% of all ships require inspection.
I think that this 25% should not only be enforced but that it should also be ensured that more inspections take place.
So this 25% should be increased. Furthermore, if a ship is no longer seaworthy, not only should the facts be examined, but a legal system should be introduced which states or recommends that the vessel should no longer be used.
But this is not in place.
Mr President, I would welcome some action in this area.
Finally, as far as the technical requirements for ships are concerned, some Members have already mentioned just now that, since 1999 in the United States, ships should in any case be double-hulled.
In my opinion, we should look further into this point, and I also think that the Marpol Treaty, which comes into effect in 2001, should be looked at very closely.
Mr President, I would like to take a brief, critical look at the accession negotiations with Malta and would like to express my gratitude to, and admiration for, the many NGOs that have at least rolled up their sleeves in order to save animals.
Mr President, we have already had this discussion so many times in the past. We have achieved nothing so far, and we have been unable to reach agreement within the European Union.
That is why I will only believe that there is any point to having this debate today if what we are all saying today, and what the Commissioner has announced here, actually leads to legislation being produced; in other words, if you all go and say to your Heads of Government and Ministers: "you must push this through in the Council of Ministers" .
Allow me to say first that what we are talking about is an environmental catastrophe, which also impacts on the economy and threatens livelihoods.
So what are we to do now?
I have no intention of talking about past events; rather I want to look to the future.
What are we to do now?
I will tell you a few things we should do.
Of course, we need double-hulled vessels.
That goes without saying, but it is something that will only work through in the medium and long term.
So what do we need to happen immediately?
We need technical testing of ships, that is obligatory technical testing every two years, and no ship to be operated without the accompanying certificate.
We need this at European level and internationally; we need something like a TÜV, an organisation that undertakes technical testing of motor vehicles in Germany, which is compulsory every two years.
If you do not have a certificate then you are not allowed to operate the vehicle.
This is what we need for ships.
Thirdly, we need to carry out checks on these safety and insurance certificates in the ports, that is in every port of the European Union.
Any failure to produce these certificates must lead to the ship being laid up and prohibited from leaving the port, regardless of all the port charges.
We must reach agreement here, in all the European Union' s ports, from Marseilles, through to Rotterdam, to Wilhelmshaven, Cuxhaven, and wherever ships drop anchor.
Fourthly, we need the shipowner to bear liability, and not just to the tune of a derisory USD 12 million, but to the value of at least USD 400 million, to be covered per insurance certificate.
We also need the country whose flag the ship flies to bear liability.
We need to be sure that if need be, the country whose flag the ship is flying will accept liability.
This would be a marvellous exercise in supervision!
I can assure you that those countries awarding flags would then take great care to avoid having to accept liability.
In the fifth place, we need there to be a guarantee that these demands will apply to all ships using the ports and waterways of the European Union, and incidentally, that includes the candidate countries.
Last but not least, we need a long memory, for the issue of legislation will crop up on the agenda more frequently in the near future.
Environmental standards will be a recurring theme. I would not like to have someone coming and saying that these requirements will lead to job losses in the ports.
The unions will have something to say as will industry.
A long memory will serve us well, ladies and gentlemen.
I am looking at all those of you who have not exactly been at the forefront of the environmental movement.
Just you go home and say: " we have not concerned ourselves with standards to date" .
We need to have a long memory when it comes to the demands being made in the ports.
We need to have a long memory when we say: " for once we are united, at last as far as port charges and requirements are concerned, and will not play one off against the other in the European Union."
If we succeed in this then perhaps we will be better off in a few years' time!
Mr President, Mrs Roth-Behrendt expressed very many of my own thoughts.
We have now obtained a first-rate enumeration of a variety of measures.
But how do we make use of the sense of crisis to which this ecological disaster has led?
I would compare the situation with an earlier generation' s introduction of the Plimsoll line, a marking which was introduced to prevent insurance fraud involving inferior vessels.
Where is the sense of crisis which generations before us had?
I consider that what we should adopt is the form of certification that Mrs Roth-Behrendt speaks about, the identification in the form of green marks on tankers which certain harbours in Europe have brought up for discussion.
We must also critically examine the classification societies.
I do not think that we can accept their procedures. We need independent procedures and procedures involving public control.
Finally, I want to say that, when my country provides environmental aid to shipowners who wish to improve the quality of the environment, there are units within the Commission who regard this as prohibited aid to shipyards.
Within the Commission, the one hand does not know what the other hand is doing.
It is not an acceptable procedure that measures to improve the environment, which are in keeping with the Commission' s guidelines, cannot be taken because these are considered to constitute prohibited aid to shipyards.
Mr President, we shall vote in favour of the GUE/NGL Group resolution because it denounces Total-Fina' s responsibility in this ecological disaster and I endorse the proposal that flags of convenience and the use of superannuated vessels should be prohibited, or that double hulls should be mandatory for oil tankers.
I shall only add that it would be the least that Total could do to compensate for the direct and indirect damage caused by the oil slick.
How can we stop similar disasters occurring in future if we do not institute draconian measures against the major oil corporations, and indeed many others who, in order to make more profit, take the risk of making the world uninhabitable?
How is it possible not to be outraged when a bank refuses to divulge the names of the Erika' s owners on the grounds of professional confidentiality, without governments reacting?
The crux of the problem is that all governments, and indeed all the European institutions, acknowledge the right of major corporations such as Total-Fina and its ilk to maximise profits whether it be harmful to their employees or to the environment.
They accept the professional confidentiality of business and banks, even though this same confidentiality serves to conceal what are essentially criminal actions.
In these circumstances, even the best resolutions will remain little more than appeals to principle which are powerless to limit the great corporations' capacity to cause damage.
Mr President, I am in favour of tightening up the legislation on port state control and on classification societies.
However, we must stick to the facts.
The ship Erika has been investigated four times in the course of the last two years.
The answer cannot lie in the number of investigations but rather in guaranteeing the rigour with which the controls are undertaken.
I have heard in the course of the discussions that have taken place in the last few weeks that the Member States do not have enough money to undertake the controls.
I cannot accept this.
If the Member States decide, in agreement with ourselves, that 25% of ships are to be monitored on the basis of port state control, then they must also make the necessary personnel available.
The controls must also be carried out in such a way that the inspector does not just go on board and check whether there are any fire extinguishers missing, rather there must be materials testing, for this ship obviously broke up on account of material fatigue.
This can only be detected if controls undertaken are more rigorous.
It should be our goal to ensure that port state controls are not superficial, but include materials testing.
Secondly, I also share the Commissioner' s observations and would like to encourage her to continue down this path.
If it should become apparent that one or more classification companies have provided reports by way of favours then they should be struck off the list of authorised classification companies. That is the only deterrent we have for preventing other classification companies from following suit.
Mrs Roth-Behrendt, we already have a TÜV (organisation for safety testing) for ships in the form of the classification companies.
There are reputable companies too. You will be familiar with some reputable companies, our French fellow MEPs will be familiar with some reputable companies, but we must look carefully at exactly which companies do not fulfil requirements, and these must be struck off the list.
Finally, we should make it quite plain to Malta that if it wants to become a Member of this Community then by the time it accedes it must apply a standard in respect of registration and flag state control which completely fulfils our requirements, for the environment is a communal entity and not something that we can divide up!
Mr President, Commissioner, the Erika sank near my home and is still there, with 20 000 tonnes in its hold, the fate of which we are waiting to discover.
It could have sunk anywhere.
It happened to sink there, and Brittany, where I come from, should not apologise for the fact that geography has made it a peninsula, and the result is that it is often forced to clear up after shipwrecks.
My first thoughts are for the 26 Indian sailors, who were saved but of whom nothing has been said.
There could have been deaths in this disaster and safety at sea means, above all, men' s lives.
By now they are far away. It is a miracle that they were saved.
So we are now experiencing the same thing that happened 20 years ago with the Amoco Cadiz; a wreck on the North coast, a wreck on the South coast, a wreck on the West coast.
Things could well continue in the same way.
Commissioner, as time is very short, I would like to pick out the seven points which we feel, and you have already mentioned some of them, are essential to work on: double-hulled vessels in our waters as soon as possible and the strictest possible state control of ports. In particular, we must ensure that classification societies are compelled to make their reports public, as currently, we do not have access to them.
Then, sanctions must be harmonised between the 15 Member States; they should not be different, but the same throughout the Union.
We must be tougher on vessels flying flags of convenience, not because they are necessarily bad boats, but because amongst these boats there are many bad ones.
We must improve information on all of the world' s ships, but provision has already been made for this. We must also target those responsible and take a tougher line with them.
With regard to this matter, I would like to know who owns the Erika, because the idea of a legal person under our law is one thing, but there are always real shareholders in the background. Where are the Erika' s owners?
Perhaps they are in lovely villas by lovely beaches, getting a nice tan.
We would like to know their names and their faces.
Finally, there must be improvements in the training of crews.
In our society there is no such thing as zero-risk, but we must at least ensure the greatest possible levels of safety.
Mr President, I welcome the statement from the Commissioner.
Having spent a lot of time at sea myself I am well aware of the sea's power and destructive force, which make a proper design and maintenance of ships and boats essential.
I would like to express my sympathy with all those who are dealing with the consequences of the breaking up and sinking of the oil tanker Erika.
This has been an environmental disaster as well as a deplorable waste of resources.
It should be noted that the oil industry, through the International Oil Pollution Compensation Funds, regards itself as liable under the 1969 Convention and its 1992 Protocol, for over 90% of the estimated cost of this incident, or some USD 170 million.
This suggests to me that we should also look to the shipowners, to the flag state and the inspection authorities to shoulder their share of the responsibility.
However, before we rush in with a whole raft of new measures and new regulations, let us look carefully at the existing arrangements to be sure that they are being properly implemented. Better to heed calls to amend and improve existing legislation than to embark on new proposals.
In that context I support calls to strengthen port state control to ensure full and effective inspection. I support calls to ensure that the classification societies effectively monitor vessels' structural conditions and are held accountable for their actions.
Calls for design improvements in hull construction, especially double-hulled vessels, are sensible but take time to be implemented throughout the fleet.
They are no substitute for rigorous regular inspection.
Mr President, I would like to thank my Socialist colleagues, mainly in the committees on transport and the environment, who have not forgotten that this disaster also affects the fishing industry.
Because, as well as the irreparable damage to the environment, the damage to the ecosystem and losses in the tourist industry, the oil slick dealt a huge blow to the fishing industry, to the conservation of marine resources, and the damaged coast lines will take years to recover.
It is no accident, Commissioner, that the affected areas are always those European regions which are least developed, those which eke out a meagre existence from tourism and fishing and which, in the majority of cases, do not have any other resources.
These are the same areas, Commissioner, which already have to put up with the disrespectful activities of certain shipowners who empty the bilges of their vessels off their coasts, without any control whatsoever.
I come from a region, Galicia, which has suffered similar accidents in the past.
Brittany and Galicia, two European 'Lands Ends' , fall constant prey to the irresponsibility of those who prefer not to comply with safety regulations and transport crude oil in vessels which in themselves constitute potential oil slicks.
I therefore believe that it is necessary to act in two ways.
On the one hand, by asking the Commission, within the scope of aid to the fishing industry, to implement special measures to compensate for the effects of this catastrophe on the industry in the areas affected, and also by asking them to demand, of international bodies and of themselves, tight controls on ships which sail under flags of convenience.
In this regard, the current process of negotiations on Malta' s accession to the European Union must be used to ensure that this country rigorously monitors the oil tankers which sail under its flag.
On the other hand, prevention is essential.
Portugal is a country which has clearly demonstrated its sensitivity to issues relating to the sea.
I would ask the Portuguese Presidency to study the possibility of implementing a complete strategy for the prevention of maritime accidents at European level, using all the means at our disposal - technological, structural and socio-economic - to prevent a disaster such as this from happening again in the future.
Lastly, Mr President, I would like to highlight the work carried out by the volunteers and local authorities, who reminded me of old times when, as the then Mayoress, I lived through similar situations.
We must thank those who, while defenceless and lacking in resources, have battled courageously against the grave effects that this disaster has had on coastal regions, the marine ecosystem and European fishing stocks.
Mr President, as chairman of the Committee on Regional Policy, Transport and Tourism, I should like to congratulate the Commission, and in particular Commissioner Loyola de Palacio, for her reaction to this incident, which has really shaken the whole of Europe.
We, as the Committee on Transport, are prepared to discuss the Commission communication on the question of safety at sea and, of course, we are likewise prepared to discuss, at a later date, the legal implications of this communication.
In addition, I should like to make a number of comments:
First, the Commission was right to concentrate its investigation on the liability of RINA, the Italian shipping register, because we need to know if Community law was applied.
That should be the starting point for our efforts.
Secondly, apart from the shipowners' liability, it would be a good idea in such cases to examine the liability of the charterers, for example the oil companies which are also responsible for causing ecological disasters like this and, of course, for restoring the damage.
Once we have done that, our reaction to the ecological disaster is fully justified.
However, this should not lead us to accuse the whole merchant marine, which is an important sector of the economy, covering as it does 1/3 of transport requirements, which is why our reaction needs to be measured: strict, but correct.
I have no objection to examining an amendment making Community law stricter but, as other members have stressed, we need to start with application, because there is already a legal framework at European Union level and we must not lose sight of that fact.
This legal framework is fairly advanced, at least if you compare it with what is happening at worldwide level and the Member States, under the supervision of the Commission, should endeavour to ensure that Community law is actually applied.
Mr President, Commissioner, I believe that the unfortunate incident involving the Erika should in fact, as others have said this afternoon, constitute a decisive watershed which will see the end to this type of accident in the European Union where, since 1967, there have been seventeen accidents involving large oil tankers; more than one every two years.
The economic and social damage, which we have spoken about today, in terms of the loss of jobs and fishing and tourist resources, is so great that they fully justify decisive and thorough action on the part of the Community institutions.
Commissioner, I would also like to thank you for the speedy response of your department to this event and the measures which are being adopted and implemented.
I trust that these measures will, in a few months, give rise to a clear and convincing legal instrument - a directive, possibly - which will put an end, once and for all, to these 21st Century pirates, who deprive us all of the wealth and beauty of the sea.
I would like to comment on one of the measures to be taken, which was mentioned by the Commissioner and some of my colleagues.
I am referring to the double hull, which consists of two layers of steel, with containers divided into two tanks.
Commissioner, there are many experts who consider that the double hull is not sufficiently safe and propose the so-called 'ecological hull' in which case, in the event of an accident, the seawater penetrates the containers and, as a result of pressure, the oil is transferred to other tanks.
Commissioner, I believe that it is time to opt for the safest technically possible measures.
It is therefore not sufficient to merely reproduce the legislation in force in other countries.
I believe that we can and must improve the existing legislation in this regard.
Any cost-benefit analysis which truly takes into account all the harm occasioned to persons and the environment by these accidents, is bound to support this approach.
Mr President, Commissioner, I think that first we should all congratulate ourselves on the procedure that has been adopted and which will lead us, after each of our respective political groups has rallied together and expressed its feelings, finally to produce a joint resolution.
I think that given the dramatic circumstances, and as a matter of principle, it would be ill-advised and inappropriate to hold several votes. On the other hand, Parliament is issuing a resolution in one vote, for which we can see the agreement amongst the various speakers who have preceded me.
I think that this is an opportunity to put parliamentary pressure on the doubts or evasions of a few governments and I think that we are providing the Commission with a powerful political act for the preparation of a European maritime area.
I think that it is quite obvious, and this is the first conclusion that can be drawn from the Erika disaster, that public opinion would find it hard to understand that we regulate chocolate but do not regulate maritime transport.
Public opinion would find it hard to understand that we talk about a common judicial area, common airspace, a common rail area and a single market, but not a common maritime area.
I therefore believe that this is a project which must be opened up with the absolute will to see it followed through and followed through in concrete terms.
The Commissioner has suggested three main chapters which need to be drafted and brought into line with our legislation, in which we can set standards.
I have also noted, to my great satisfaction, that even the groups advocating greater national sovereignty, or the eurosceptic groups are calling for Europe to regulate, and I think that this is in fact the right level to take action.
We sometimes regulate things which could, by and large, remain subsidiary.
In this area we must respond to public opinion. This is extremely important and everyone should feel concerned because we are, when all is said and done, on the global scale merely a peninsula.
Therefore, once our legislation has been brought into line, we must follow this up immediately with appropriate law. We must also put in place systematic controls and finally apply the 'polluter pays' principle of responsibility which is, of course, supposed to be a deterrent.
I have almost finished and I would like to say that I have personally requested a public hearing of the Committee on Transport, which would enable us to provide an immediate follow-up to the Erika case and to suggest possible future considerations.
I hope that all political groups will support us in our request for a public hearing.
Mr President, the oil tanker Erika, the ownership of which is veiled by accommodation addresses on Malta and probably in Italy and Greece and which was hired by Total-Fina for the transport of oil, foundered off the Breton coastline, with disastrous consequences.
The implications for the environment and for the flora and fauna of the European maritime environment are enormous.
The cause of the disaster must be sought in the weakened structure of the oil tanker.
So people are doubtful about the safety of ships which carry dangerous or polluting goods.
The International Maritime Organisation has issued international rules in this connection. States can carry out port inspections.
In Europe, legislation is stricter and it is compulsory to inspect 25% of the incoming vessels according to the port-state control directive.
However, it seems that none of the Member States meets this figure due to a lack of inspectors.
It is clear that there is no lack of legislation. In my opinion, the Commissioner is quite right.
Where the scheme falters is in the enforcement of existing legislation.
But how are we now going to enforce this if there is indeed a lack of inspectors, esteemed European Commission?
Can the Commission provide an assurance that Directive 93/75 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods will be implemented correctly in all Member States?
Should its implementation not be more strictly monitored?
Would it not be beneficial, in the short term, following the Rotterdam model, to inspect according to a points system in which, for example, account is taken of the ship' s age, whether it is single or double-hulled or whether it sails under a flag of convenience.
In short, to give priority to older sub-standard ships over ships which meet all quality requirements.
The Erika was built at a Japanese shipyard and is single-hulled.
There are four more sister ships in service at present.
Construction of this type of ship was halted at the time because the risk of rusting was especially high.
Some of them also sail under the Maltese flag.
Are we waiting for the next accident to happen?
Would sanctions not be appropriate, as the Commissioner stated, for the classification society?
RINA is currently the talk of the town.
Malta is entering the accession negotiations. In my opinion, the European Union can only accept Malta if it is guaranteed that the Maltese flag will sail without an accident in future.
I would be grateful if you could be disciplined since we are running out of time, and this delay is going to limit the time available for Questions to the Commission.
Mr President, just before I went down into the Chamber, I received an e-mail with a quite emotional description from a Swedish woman who had chosen to spend New Year' s Eve on the French coast in Brittany instead of staying at home and celebrating with her relatives.
Like many other hundreds of volunteers, she had seen the destruction, washed birds and cleaned up after the people responsible who were not to be found on the coast on those evenings and nights when they really should have been required to be there.
Like so many others, I too wonder where the people responsible are.
Where are the shipowners and those who order the shipments when these disasters occur?
Perhaps it might be time for us to begin to consider establishing a common environmental authority which could deal with this type of crime.
This is not the first time we have seen oil slicks, whether intentional or unintentional.
(The President cut the speaker off)
I would like to thank Mrs Grossetête and her colleagues for bringing this motion before Parliament.
The environmental disaster of the sinking of the Erika off Brittany and the spillage of 10 000 tonnes of oil has been widely reported in the British media.
Although Britain and France have had their differences recently, I can assure you that there is considerable sympathy in my country for all those affected.
TV pictures of the damage done to your coastline and wildlife, in particular birds and the already dwindling fish stocks, have brought back memories of similar British disasters, such as the Torrey Canyon in 1967, and have prompted many British volunteers to help.
I salute these joint efforts to repair the damage.
This is clearly a problem for all EU coastlines which will require imaginative solutions.
Instead of allowing the costs of these disasters to fall on the communities most affected and insurance markets such as Lloyds of London, we must develop new technologies to retrieve from the sea much more than 10% of the lost oil.
There is currently little financial incentive for this when the insurance market picks up the tab.
Ultimately, the polluter must pay.
In addition we must build on the Council directive dealing with enforcement of international standards for ship safety and pollution prevention by ensuring that the inspection goal of 25% of ships calling at EU ports is met and that a high standard of inspection is delivered.
Moreover, although I am not opposed to shipowners registering their vessels in their country of choice, I believe there is a need for stricter application of international regulations.
Rather than banning flags of convenience, which would violate the right of every sovereign state to have a merchant fleet, under the 1995 EU directive on port state control, national maritime authorities must impose more effective sanctions on flag states which fail to carry out their international treaty obligations.
I sincerely hope that, particularly during the French presidency later this year, the Commission and the Council will look carefully at all these options, and I heartily commend this resolution to Parliament.
Mr President, it feels quite strange to be standing here again today, as I have been doing at regular intervals for almost ten years, and all because of an accident caused by human hand and by a lack of human competence, and not by force majeure.
The victims are waiting outside. They want answers.
They do not want any more promises that we then fail to keep, or to see any efforts that we then fail to follow through.
The citizens are right to ask: "do our regions now count amongst those which are lost forever?"
Who will provide us with new jobs?
When will those responsible at last understand that sparing resources is not something we do for fun; nor is it just a question of creating a system for its own sake or a new study group, rather it is a joint European challenge.
That is why I welcome Mrs Palacio' s action plan with open arms.
It is equally important to note that "prevention is better than cure" .
But there is an art to that as well.
Deploying the German multipurpose ship "Neuwerk" - it is right outside my front door in Cuxhaven - entailed the swift provision of European neighbourly help.
We are particularly in the debt of those who undertook the difficult deployment of all their crew.
Valuable experiences were gained, and also the knowledge that we cannot master such environmental disasters using state-of-the-art technology alone.
We are therefore right to demand improved controls, sanctions and preventive measures.
I have been fighting for a European environmental coastguard service for almost ten years, here in Parliament.
The issue is as topical as it was before.
Furthermore, I will not withhold my support but will endeavour, alongside my fellow MEPs, to bring about improvements and logical solutions within the framework of European and international cooperation.
Mr President, firstly I would like to express my very sincere thanks, not only for the initiatives of the different groups, of Mrs Grossetête and the Group of the European People' s Party (Christian Democrats) and the European Democrats, but also for the initiatives of Mr Wurtz and the Confederal Group of the United Left/Nordic Green Left, who proposed this debate, which has led to a positive and important discussion.
Before the end of March, I propose to present a communication in which I will possibly present legislative texts, that is to say, amendments of specific directives so that discussions may begin in the Council and in Parliament.
I would like to tell you that, in fact, it is not just an environmental problem - it is a very important environmental problem - but it is also a very important social problem.
There are men and women who depend on fishing, gathering shellfish and the service or tourist industries in these coastal areas. They are environmentally sensitive areas, but they are also sensitive from the point of view of social development and territorial equilibrium.
And therefore we must take the utmost care to prevent the recurrence of a similar situation.
Mrs Roth-Behrendt said that nothing had ever been done.
In fact, I believe that things have been done by the Commission, but there is still more to do.
This was demonstrated by the Americans who, after the Exxon Valdez disaster, within one year, adopted enormously rigorous and tough legislation, which threatens, as I said earlier, to divert ships unacceptable to American ports towards Europe.
In Europe, after the Amoco Cadiz, or the Urquiola on the Spanish coast, in 1976, or the Torrey Canyon, in the same year, or the many other cases there have been, we really began to legislate after 1994 and 1995, particularly in the last few years.
During these years, the emphasis has mainly been on the safety of passenger transport.
That is the reality.
In my opinion, we now have to make a significant and urgent effort to confront new problems, also deriving from American legislation, which emphasise the safety of the transport of dangerous goods in the maritime sector.
I have referred to a series of issues which I will lay out in more detail, if you wish, in an appearance before a special committee on this matter, or when I present the actual initiatives in the coming months.
My intention is - and I insist - for us to begin discussions after the end of March, also coinciding with the Council of Ministers, and, of course, before the end of the six-month period of the Portuguese Presidency, for us to have texts to discuss.
Flags of convenience are one problem, but are not the only one.
The Romanian flag is not a flag of convenience but, nevertheless, that country has an extremely high number of incidences at inspections; more than the countries with flags of convenience.
Malta and Cyprus have asked to join the Community.
We must be demanding on this issue and we are negotiating to this end.
This will oblige us to reconsider the registers in the European Union, and to deal with the notorious problem, which will no doubt arise again, of the aim of a Community register.
I believe that this will be difficult but, in any event, we should carry out a review of the registers of the European Union countries.
As for the inspections, very much a key question, the first thing we have to consider is how the current legislation has worked, as Mr Hatzidakis has said. We already have legislation.
According to the information which the Commission services have given me, this legislation is not adequately applied in many Member States due to a lack of personnel, means and inspectors.
The problem is not that only 25% are inspected, but rather how we select, how we find, the ships which constitute the highest risk, through the age of the ships and the risk history of the flags.
Unfortunately, the 25% often consists of flags which are expected to fulfil the requirements: in this way inspections are quicker and the work is carried out more easily.
Therefore, more than making amendments, we will have to implement measures to control what is already being done, apart from some supplementary requirements with regard to reviews, especially in relation to the age of the different vessels.
And that is why we have SOLAS (the International Convention for the Safety of Life at Sea) and MARPOL (the International Convention for the Prevention of Pollution from Ships), two conventions of the International Maritime Organisation which will eventually have to be made mandatory in all Member States of the Union and whose application will have to be monitored.
With regard to the question of Union inspectors, I believe that the principle of subsidiarity justifies the idea that these inspections be carried out by the Member States, which does not mean that the Commission does not have to ensure that the States carry out their duty adequately.
Lastly, I would like to stress the issue of liability.
Not only in terms of maximum sums insured, which I believe should be similar to those in the United States.
We have set a figure of USD 180 million; in the United States they are talking about USD 1 billion as a maximum ceiling for covering claims payments.
I believe we have to increase the current amount so as to move closer to levels in the United States, but that we also have to reconsider the sums insured on vessels and, therefore, the liability of shipowners, and also to hold liable those who charter ships, which is to say the owners of the cargo.
Unless we require that the owners of the cargo be held liable, we will never, in my opinion, resolve these problems.
I will end now. I will not expand further.
We will have the opportunity to do so on other occasions. But, obviously, as some speakers have said - and I thank all of you for your totally positive and relevant interventions - we cannot allow a situation where, within one, two or three years, we have to say once again that we have not done what we should have done.
As for me, I can say, after having debated it in the College of Commissioners, that the Commission is prepared to present the necessary legislative measures, amendments and directives to Parliament and the Council, in order to equip ourselves with the greatest possible level of safety.
The political will of this Parliament is required - and I can see that I can count on this - as well as that of the Council of Ministers.
Thank you very much, Commissioner.
We have taken good note of your intentions.
I have received 8 motions for resolution, in accordance with Rule 37(2), to close the present Commission statement.
The debate is closed.
The vote will take place on Thursday at 12.00 p.m.
Storms in Europe
The next item is the Commission statement on the storms in Europe.
Mr Barnier has the floor on behalf of the Commission.
Commissioner, I would like to thank you for the ideas you have put forward, particularly on the very specific proposals concerning the people affected and who are expecting a lot from the European Union, in terms of the help that we can offer them.
In the days immediately following this terrible storm I wrote to you myself with a request for you to ask the French authorities to redraw the boundaries of Objective 2 so that all areas devastated by the storms in France and elsewhere could benefit from Objective 2.
I think that you must have done so, because you have not mentioned it.
In fact, we all know that anyone who does not live within the perimeter of an Objective 2 region will find it all but impossible to obtain aid.
We should therefore put this situation right immediately.
You also know that this will not only be a short-term problem, but also a medium and long-term one.
Let me explain.
I was in the region of Lorraine at the time of this terrible storm which destroyed around 20% of deciduous forest.
Indeed, for some 'forestry' districts, which have lost 20% of their trees, this represents a huge loss.
We know, for example, that it takes between 150 and 200 years for a tree to reach maturity, so the loss these towns will suffer will not be spread over one, two or five years, but over many more.
The towns concerned estimate that it will be spread over 40 years.
I think that consequently it will be extremely difficult indeed to compensate these rural towns through subsidies for losses in their financial revenues.
I think that this is something which we should continually bear in mind so that we do not lose sight of it in our various policies.
It is true that the problem of the forestry sector is an extremely complex one.
Indeed, you spoke of releasing funds for timber storage on the grounds that its price must not depreciate.
On the other hand, districts which have not been affected by the storms will also suffer, as the National Forestry Office has decided to freeze cuts in forestation for four years.
Those districts which have not suffered losses will therefore see their incomes decrease in any case.
I am telling you all of this to illustrate how complex the problem is, and I thank the Commission once again for extending their analysis of this situation as far as it could.
I would also like to draw your attention to the fact that, although there has indeed been an economic disaster, the real ecological catastrophes are still to come.
As you yourself said, Commissioner, these disasters or storms do not always have natural causes, and we think that these are the first signs of climate change.
We should therefore review our policies in order to take account of this fact.
Mr President, everyone who has travelled here by car, train or aeroplane, has been able to see the extent of the damage, particularly in France, caused by hurricanes of a completely unprecedented violence which struck Europe at the end of last month.
What can the Members of the European Parliament do when faced with such a widespread disaster?
Firstly, I would like to pay tribute to the mayors and local representatives who, on a daily basis, have had to reassure their constituents, organise volunteers and cooperate with the public services.
They have earned the confidence of their fellow-citizens.
Next, I would like to thank the emergency services and the armed forces of the Union' s Member States who, in a fine example of intergovernmental cooperation, came to support the efforts of their French colleagues.
I would also like to consider the paradoxical situation we have with regard to emergency aid.
If this disaster had taken place in Guatemala or Turkey, we could have immediately used the Community budget to help the victims, but in our own countries nothing of the kind is possible because there is no suitable budget line with which to do so.
We must also ask the Commission not to prevent local authorities and individual States from coming to the assistance of businesses affected by the disaster by applying Community competition rules too strictly.
I am thinking in particular here of fish and shellfish companies, which have been particularly badly hit.
As you said, Commissioner, we must ensure that there is compensation for the forced cessation in activity and that appeals can be made to FIFG for investments that have been totally wiped out.
Beyond this, I think that implementing MAGPs in a mechanical way will no longer be appropriate in the coastal regions that have been affected.
I therefore ask the Commission to stop doing so and, on the contrary, to help those who make their living from the sea to proceed to new investments, which they urgently need.
Mr President, the storms which devastated France during the night between 26 and 27 December have caused, as has been said, 90 deaths and damage to a value of FF 75 billion, i.e. EUR 11 billion.
Almost three weeks after the disaster, several thousand people were still without electricity and telephones, 500 000 hectares of forestry land, or 100 million cubic metres of forest, have been ruined, and our historical heritage has also been affected, as the sad example of the park at the Palace of Versailles demonstrates.
It seems quite natural that given such a disaster, national and European solidarity should go to the help of the devastated regions and those people who have been worst affected.
As the previous speakers have said, and as you said, Commissioner, in response to my fellow Member, Mr Martinez, with regard to another tragedy, the floods in November in the Southwest of France, you have certainly noted these disasters with concern, but all you are doing is pointing out that the budget line for emergency appropriations for natural disasters has been discontinued, which has resulted in this shocking paradox.
This paradox, pointed out by the previous speaker, is that it is easier, a great deal easier, to offer help to victims of natural disasters outside the Union than within it.
We know full well that what you are doing, Commissioner, and that is, limiting yourself to giving us the hypothetical and remote possibility of benefiting from the Structural Funds of the new Objective 2 or from the provisional Objectives 2 or 5b.
These are the terms of the written answer you gave Mr Martinez on 11 January 2000.
I can show you a copy if you wish.
We would understand completely if you were not able to say anything else given the irresponsible attitude not only of the Commission, but also of this Parliament, and if you cannot do anything because there is no legal or financial framework for doing so. But for pity' s sake, and I am not saying this to you in an aggressive way, please do not present appropriations which have previously been earmarked under an unrelated regional policy as aid for victims of the storms.
As a matter of urgency, therefore, we must restore, within the framework of a supplementary budget, the budget line which was allocated to us for natural disasters.
We must use the Berlin Summit aid appropriations and we must change the forestry policy implemented in most countries in the Union. That, however, is another problem altogether.
Mr President, Commissioner, Europe has undergone a tough ordeal at the start of this millennium.
I would first like to express my heartfelt condolences to the families in mourning as a result of the appalling weather conditions that devastated Europe in December.
These storms were an unprecedented ecological disaster for our forests.
I hope you do not mind if I make particular mention of the forests in my region, Lorraine, which have suffered enormous destruction.
I would like to congratulate the regional authorities, the volunteers and the public services on the fantastic way in which they rallied round but, unfortunately, their troubles are not yet over.
It is Europe's duty to support them and thereby complement the efforts of the governments of Member States affected by the disaster.
I welcome Mr Barnier' s statement and I also welcome the measures which the Commission has announced.
I am certainly not forgetting the economic dimension of this matter, as the timber industry has been devastated and a whole population is suffering the tragic effects of this.
The Community action programme for civil protection, established by a Council decision on 9 December, was launched on 1 January 2000.
I ask Member States to grasp this opportunity. This programme must work at full capacity.
Although it may have been effective in certain areas - and I do not doubt the sincerity of Commissioner Barnier' s words - unfortunately it is still in its infancy when it comes to forestry.
Our priority, as we wait for Community-level funds to be freed up, is for material aid in terms of partnership exchanges between Member States.
It is therefore a matter of urgency to improve forest roads, and to repair them as quickly as possible.
Lending forestry equipment and making personnel qualified in forestry management available are also covered by this measure.
Our next challenge will be to prevent the occurrence of phytosanitary problems which could result from having to abandon large amounts of wood in the forest, and from the pollution of ground water through having to store such large quantities of wood.
Finally, it is essential that we slow down the logging of standing wood, in order to give priority to the purchase of windfalls.
These timber sales should be supported by strong media coverage in Member States.
This aid for gathering timber is, of course, only the first stage of an aid package, which will take the form of aid for reforestation and aid for the development of rural areas.
I ask the Commission to incorporate this into a study of how the situation should be managed now that the emergency is over.
This is a very sad opportunity for Europe to renew its forestry heritage in line with the role that this plays in wildlife and nature conservation and in our economies.
It is therefore a time for solidarity and cooperation between Member States in the face of an ecological and economic calamity.
If this solidarity is to have been worthwhile, it is up to Europe to propose priority actions for safeguarding the timber industry.
Hurricane "Lothar" should prompt us not to abide solely by the principle of undertaking repairs once the damage is done - something which is discussed at a very superficial level here -, but to switch to the precautionary principle, under the terms of which potential perpetrators are brought to book too.
Current programmes must be accelerated.
For example, as they stand, the Commission' s programmes will preclude us from meeting our obligations under Kyoto.
The trade in emissions rights is immoral to my mind and rather than solving the problem, it shelves it.
The entire taxation system must be given an environmental perspective in the medium term.
We must work more rapidly towards achieving the targets stipulated in the White Paper for renewable energy sources, as this would bring about a massive reduction in greenhouse gases.
The new Commission has not put forward nearly enough on this subject, and what it has put forward is woefully inadequate!
Commissioner, Mr President, Lothar was a quite ordinary name hitherto.
However, it has now achieved notoriety. The hurricane of the same name swept across Europe claiming numerous victims, mainly in France and Germany, but also in Switzerland, leaving a trail of destruction in its wake.
The wind triumphed over electricity pylons, roofs, traffic signs and, ultimately over the forest.
We have heard that in a short space of time the storm left us with approximately 120 million cubic metres of solid timber, and this is only an estimate.
I have listened to you very attentively Commissioner, and welcome with open arms the fact that you are intending to go and see for yourself the effects the catastrophe has had in France and in Germany.
If Mrs Schreyer is to visit the Black Forest sometime in the next few days, then any one farmer might ask her how the Commission and Europe would be able to help him as an individual.
What would you say to the forestry manager if his enterprise happened not to be in an Objective 2 region, or in a 5b region?
What answer will the Commission give, when it is on the scene, when you tell the forestry worker that we support road construction and dam-building, and we want to rebuild our cultural heritage and create tourist attractions etc.?
All this is well-intentioned advice. However, I come from an area in Northern Germany where the forestry industry predominates and I can tell you that we are already feeling the effects of the immense damage.
The thinning-out we need is not being attended to; the forests are not being tended to the requisite degree.
What we need the Commission to do as a matter of urgency is to approve national aid, so as to avoid the competition issue being raised again at a later date.
Mr President, Commissioner, permit me, first of all, to make reference to two facts.
Firstly, at the beginning of 1999, NATO, with the participation of most Member States of the European Union, flattened Kosovo with bombs in the name of freedom.
We are now endeavouring, at huge cost, to get the country back on its feet again and help its people, and rightly so.
Secondly, at the end of 1999 unbelievable storms raged bringing death and destruction to vast tracts of the EU.
The Commission in Brussels responded to the victims' cries for help with a shrugging of shoulders.
"We do not have the wherewithal for that," they said.
This is wrong!
And no one can comprehend this attitude. Certainly those who fear for their livelihood are at a complete loss.
The citizens of the European Union expect solidarity, also from within this Community. I say they have a right to solidarity.
Indeed the European Parliament must make it its business to uphold this right in hours of need.
I urge the Commission not to keep having to be asked and to provide assistance for the victims of the storms.
It knows the ins and outs of aid provision better than any local organisation or authority.
I call upon you, ladies and gentlemen, to support me in bringing home to the Commission the fact that what most Brussels offices are lacking is not so much the wherewithal for providing aid as the good will.
Permit me one further comment.
Although it was less evident in the case of the consequences of the storm, the tanker disaster off the French coast has made it very clear that we need to give the Commission a helping hand on another matter. The European Union needs rules governing environmental liability as a matter of urgency.
We can no longer tolerate a situation where the general public has to foot the bill for damage that has often been caused by individuals involved in criminal machinations.
We must make the perpetrators liable for all manner of damage done to our environment. Then, for example, people will think twice before transporting oil in a tanker that is about to fall apart.
When, in 1994, over five years ago that is, I joined the Legal Affairs Committee in this Parliament, I became rapporteur for the environmental liability dossier.
To this day I am still awaiting an initiative from the Commission, which will actually enable me to start work.
It is a scandalous state of affairs that must be ended with all haste, and I hope that February does not see this dossier being postponed yet again!
Mr President, Commissioner, the storms that took place at the turn of the millennium should galvanise us into thinking about certain problems.
It has become clear that mankind continues to be unable to avoid natural disasters.
There have always been natural disasters and there always will be.
Of course, there is a need for solidarity here.
There is certainly a need for European civil protection, and the EU budget must also provide for a budget line covering natural disasters.
But, most importantly, it is only ever man that makes the mistakes as far as the nature-mankind relationship is concerned - despite the fact that the same mistakes have often been made down through the centuries - and never nature, for nature cannot make mistakes.
The extent of the damage caused on this occasion was determined by the population density, the type of infrastructure, and, of course, the many monocultures, if we are talking forests.
Of course, I am in favour of providing assistance where we can. But when it comes to aid, we ought to bear in mind that perhaps in future, more emphasis should be placed on laying electricity and telephone cabling underground.
We must take account of smaller cycles and plant stable mixed woodland when undertaking reforestation, rather than monocultures.
The most important subject for discussion in this context is the climate.
To this day, we in Europe remain in the privileged position of having the Gulf Stream, and the Gulf Stream still does its stuff.
America and south-east Asia are having a much worse time of it as far as climate and storms go. We are fortunate in having the Gulf Stream.
But in common with others, we too are having to endure the greenhouse effect. This is partly the work of human hand, as difficult as it is to demonstrate climate change using calculations.
We must take more account of the guidelines produced at the Kyoto environmental conference.
We must reduce CO2 emissions, employ renewable energies, and generally make enquiries, in this connection, as to how the forests of Europe are faring.
Mr President, I think we should firstly express our sorrow for the victims.
This is an irreparable loss.
Secondly, we welcome the solidarity between the French departments and citizens, and the solidarity of other countries with France, which is the country worst affected.
As I have little time, Mr President, I would like to touch upon two elements of our resolution.
I believe that the first one was implicitly recognised by the Commissioner in his speech when he wondered whether these catastrophes are natural or not.
That is to say that experts are ever more convinced that climate change and human activities, in general terms, are linked to the increase seen in natural disasters in recent years.
In fact, over the last decade, the temperature has risen more than in the rest of the century.
Therefore Europe must be clearly committed to the Kyoto Protocol and make specific proposals.
Secondly, I was rapporteur for civil protection in Europe and I completely agree with the Commissioner' s proposal to create a European civil protection body.
Furthermore, we should utilise an extraordinary budget line, since this is an extraordinarily catastrophic situation.
First of all, we would like to express sympathy with all the families and communities that lost members in this terrible tragedy.
It is really the loss of life that makes this particular disaster an extraordinary one by European standards.
It is regrettable that we do not have any instrument with which to give assistance in situations like this.
I want to thank the Commissioner for his comprehensive statement on the subject and his suggestion that we might indeed organise ourselves at European level to give assistance to Member States and regions that have tragedies like this. That is important.
The other thing we should remember is that we did have a budget line in the past. It was very small.
It was not able to do very much but it was repeatedly abused by Members of this House proposing action when the disasters were not even major. Officials and ministers from Member States were coming to Brussels, whispering with the Commission and getting a few euros and making a political point by bringing aid back to their constituencies.
So there was not much sympathy for this budget line when it was abolished.
I think we should reinstate this budget line.
When we had the earthquake in Greece, which was a big disaster, the Community had no instrument with which to offer its sympathy or solidarity to the Greeks. The same when the floods came in France and the same again now.
These are major disasters, we should have an instrument, we do not have it. We should reinstate that instrument and we should make the rules tight so that only in situations where grave disasters occur will we call up this particular instrument.
We can save it from year to year and ensure that when something major happens we have an instrument to deal with it.
We did not have it so bad in Ireland this time although we have had many serious wind storms on the Atlantic.
We had floods in Ireland also and I want to express my sympathy with the people in Ireland who suffered from these.
Ladies and gentlemen, none of us must forget what has taken place.
It is true that there was a joint decision by the Council and Parliament seeking to discontinue emergency lines.
It is also true that there is a lot of European money around. Commissioner Barnier has pointed out that oyster farming and agriculture would be eligible under Article 30 of the regulation concerning rural development, forestry would be eligible under Article 33, companies would be eligible under exemptions from the competition law stated in Article 87(2) of the Treaty and public facilities would be eligible under the Structural Funds.
It is nevertheless the case that not a penny more than what was allocated before the storm will now be freed up to demonstrate practical, active solidarity.
It is nothing more than the States playing at taking from Peter in order to give to Paul.
This is inadequate, and I am personally delighted that Mr Barnier has stated an idea close to my heart and which, moreover, I expressed when I told the press in Bordeaux what I am hoping for, and that is the establishment of a reinforced policy of European civil security.
If the European citizenship that we all want to see is to come into being, if the mandate that our President, Mrs Fontaine has staked on a closer relationship between the Union and Europe' s citizens is to be effective, our citizens must be able to feel that we are acting with some urgency.
I therefore believe that a European civil protection force, real civil relief blue helmets, who would go to areas in difficulty within the Union, as we currently have no emergency procedure, but also outside the Union if needs be, in Venezuela or anywhere else, is something that we should hope to see.
I would like to tell Commissioner Barnier that in me he has an active ally for this idea which strikes me as noble and truly European in spirit.
Mr President, Commissioner, when we compare the frequency with which storms occur in other parts of the world with our own situation, we see that Europe gets off relatively lightly. Nevertheless, the storms that took place in the last week of December showed us what the consequences can be and that there are major problems in store for us.
Anyone travelling to Strasbourg by car or by rail would have been able to see for themselves that storms raged in Alsace as well.
I would therefore like to extend my sympathy to all those citizens in the regions where the storms raged so furiously, and at the same time, from my position here in this Chamber, point to how important it is to support these regions and people.
Each and every one of us knows that any other region of Europe could meet with just such a fate tomorrow. What we need to do now is to deal with the fallen timber as swiftly as possible.
For it is common knowledge that we could have an even greater disaster on our hands if the fallen timber were to be left in the forests too long. For instance, it should be pointed out that fallen timber provides the best breeding ground for the bark beetle' s larvae, and we are not yet in a position to assess the repercussions this will have.
That is why it is absolutely essential to deal with the fallen timber before the warmer weather arrives.
Decades will have gone by before we are able to determine the true extent of the damage sustained by the forestry industry.
For we all know how long it takes a tree to grow. The calculations are in decades rather than years.
In addition, I would like to point out that the forestry industry is certainly not just about timber production, for barrier woodland and woodland that acts as a shield against avalanches also constitute an important factor in certain regions.
I am therefore very proud to say that the skilled Austrian forestry workers are also prepared.....
(The President cut the speaker off)
Mr President, I extend our deepest sympathy to all of those who were affected by the storms.
Sometimes within the Community we do not actually have an awareness of what is happening in other countries. We had very little coverage in Ireland of the tanker that sank.
I was asked to highlight the result of the storms in Ireland.
We had high winds and unprecedented, prolonged rainfall which, adding to existing difficulties, resulted in thousands of acres being submerged, sometimes, in up to 15 feet of water.
We experienced the human misery of flooded homes and farms, no sanitation, no drinking water and the environmental disasters of E.coli-infected water.
I talked with farmers whose ewes were aborting their lambs due to drinking the infected water.
Natural habitats were destroyed.
So I ask that Ireland be remembered in this particular case.
I thank the Commissioner and support him very much in his European protection force.
Mr President, Commissioner, I second all those who expressed their solidarity with the storm victims. I would just like to point again to the impact on the forestry industry throughout Europe.
For the storms will have major implications for the forestry industry in all areas of Europe, and I believe we need, in the long-term, to give thought to how problems of this kind are to be dealt with in future.
We certainly do not want market organisation for forests, but maybe we should set up a system, perhaps in conjunction with the private insurance sector, which will make it possible to mitigate the implications for the victims in some way.
Unfortunately, we can expect there to be repeat performances of this kind of major disaster in the future.
As has already been mentioned here, there are indications - no proof, but clear indications - that the increase in storms world-wide has to do with the climate catastrophe.
Of course, the scientists do not all see eye to eye on this yet, but the majority of them are fairly convinced that if we continue to emit greenhouse gases as we are doing, these storms will, of course, hit us much harder still at the dawn of this new century.
I believe now is the right time for us to think back once again to a proposal put forward in this Chamber by a former fellow MEP of ours, Tom Spencer. He suggested that rather than giving storms the names of men or women, we should name them after the perpetrators of the greenhouse effect - he proposed the oil companies at the time.
However, an exception should certainly be made in the case of Shell and BP, for they have changed policy and do not just base their sales on fossil fuels which are damaging to the climate, rather they also invest in forms of energy that have future viability.
We must be aware of this connection; I do not support those who make sweeping statements to the effect that the greenhouse effect is to blame for this storm, but one thing we can be relatively certain of is that we have reason to fear further catastrophes if we do not soon alter our course!
Food safety
The next item is the communication on food safety and a statement by the Commission.
Mr President, I am very pleased to take this first available opportunity of outlining to Parliament the main lines of the Commission's White Paper on food safety, adopted on Wednesday last, 12 January, in association with my colleague, Mr Liikanen.
At my hearing last September, I promised speedy delivery of this White Paper.
I am happy that we have been able to deliver so quickly.
The White Paper represents three to four months of intensive work since the new Commission was appointed last September.
It takes on board the extensive consultations of the past couple of years since the Commission's Green Paper on food law was published. Equally it reflects our experiences of recent food alerts in such areas as dioxin and sludge, as well as the BSE crisis.
The White Paper also reflects the concerns of this Parliament which you have outlined to both President Prodi and myself on the numerous occasions we have debated food safety in this House since the Commission was appointed.
I do not need to remind you that consumer confidence in Europe's food safety regime has been badly affected by the crises and alerts of recent years and months.
The Commission is fully committed to restoring that confidence by putting in place the most up-to-date and effective food safety regime in the world.
When I launched the White Paper last week I said that the shopping trolley is one of the most potent weapons on the face of the earth. The most discerning decisions are made by the consumers of Europe.
If their confidence is damaged this is reflected in shopping decisions. This in turn has a dramatic effect on farmers, producers and industry generally.
In an industry worth some EUR 600 billion annually, even a slight dip in confidence levels can have significant effects.
Between the agro-food sector and the farming sector there are over 10 million employees. High levels of confidence are necessary to boost job numbers and competitiveness.
This crisis of confidence has also had the unfortunate but inevitable effect of eroding the trust of consumers in the systems and institutions at national and European level that should monitor and assure the highest standards of food safety.
In saying all of this, I would like to make it clear that Europe nevertheless has one of the best food industries in the world and also one of the safest food control systems. The challenge is to make the system the very best.
The overall objective therefore of the White Paper on food safety is to put in place the necessary legislation and structures that will guarantee the highest possible level of health protection for consumers arising from the consumption of food. We are setting out a challenging and ambitious agenda for change.
The Commission will need the full support of Parliament if we are to achieve our ambitions on schedule. We will also need the fullest support from the Council and other key stakeholders.
The White Paper on food safety outlines a comprehensive range of actions needed to complement and modernise existing EU food legislation.
All of these measures are designed to make it more coherent, understandable and flexible.
We want to promote better enforcement of that legislation and to provide greater transparency to consumers.
The detailed action plan on food safety in the White Paper sets a precise timetable for action over the next three years.
Over 80 measures are envisaged. Our objective is to put in place a coherent and up-to-date body of food law by the end of 2002.
We are also envisaging the establishment of a European food authority by 2002 as an essential complement to the new food safety regime.
This idea will be the focus of much scrutiny and debate. It has already attracted much comment, including reactions from Members of Parliament.
The chapter of the White Paper devoted to the establishment of a European food authority is clearly designed to elicit views and comments. We are seeking views by the end of April on what we envisage.
I will return to this process of consultation in a few moments.
The Commission believes that major structural change is required in our system of food safety to ensure the twin objectives of assuring the highest standard of food safety and restoring consumer confidence.
Why should a European food authority be an essential part of that structure of change?
The first key concern is independence.
Key stakeholders, including consumers, are seeking a system that is independent and perceived to be independent of all vested interests.
We must also ensure excellence and transparency.
We have made a lot of progress over the past couple of years since the reformed system of scientific advice was adopted as a consequence of the BSE crisis. However, the Commission believes that we must go further.
We must create a permanent and truly independent, excellent and transparent system of risk assessment.
The key task of the authority will be risk assessment in the area of food safety.
We envisage that the work of the existing five Scientific Committees devoted to food safety will be transferred to the authority. They may not be transferred in their present form or structure - this is an issue on which we will elicit views before making our definitive proposals on the authority's establishment.
However, if we were merely to propose a simple moving of deckchairs, this would clearly not be enough. As the White Paper makes clear, the new authority must be a value-added structure.
I am of the view that the existing system of scientific advice needs to be strengthened. Within the authority I envisage much stronger scientific and other support for the independent scientists.
I am also envisaging that the authority will be much more proactive than our current regime - anticipate rather than react, identify issues before they become crises.
This proactive approach should become the hallmark of the authority.
To be proactive the White Paper identifies a number of new areas that would be embraced by the authority. These include a comprehensive information gathering and surveillance function, the coordination of scientific information in the EU, and building up strong networks with food safety agencies and bodies in Member States.
As part of its remit we also envisage the authority operating an enhanced rapid alert system for food and feed concerns.
The Commission has decided that it is neither appropriate nor feasible to devolve risk management power to the authority. We believe that decisions in the risk management area should properly remain the preserve of the Commission, Parliament and Council.
I make no apology for this approach; I firmly believe that it is the correct one.
Certainly there are those who would argue that we should give law-making powers to such an authority. I do not accept those views and reject them with some degree of passion.
It was only last year that the Treaty was amended to give Parliament a much greater role in the legislative process. To give such a role to an authority at this stage would be, in my view, a retrograde step and represent a dilution of democratic accountability.
I will be very interested to hear the views of Parliament itself in relation to this matter.
There are also those who argue that the Commission could effectively ignore the advice of the new authority.
I also reject this line of argument. How could a Commissioner for Health and Consumer Protection reject or ignore well-founded independent scientific advice in relation to food safety?
Would this be in the interests of Europe's citizens?
In my view, most definitely not unless such rejection of the scientific arguments were soundly based, rationally argued and fully justified.
It seems difficult to envisage such a situation evolving.
I can assure you here today that the Commission, in exercising its risk management functions, will fully take account of the scientific advice of the authority.
I have already said that the authority will be charged with developing networks with national food safety agencies and bodies in the Member States. This is a major task.
We must develop greater certainty in the science that underpins food safety in the European Union.
The authority must become the authoritative source of scientific advice and information on food safety issues.
This situation will not come about by the very creation of the authority but will evolve over time as confidence is gained in the authority itself.
I do not believe we can be prescriptive in the area of science and advice based on science.
However, with the evolution of dynamic networks with national scientific bodies and agencies, the authority will become pre-eminent on the European stage.
I am also anxious to hear the views of Parliament in this regard.
As an integral part of a value-added structure, the White Paper proposes that the authority would have a major role in risk communication: to disseminate complex scientific information in a consumer-friendly way; to be the obvious and indispensable port of call for the most up-to-the-minute data on risk; to be highly visible; to tell the good news story about food; to be proactive.
The White Paper also contains very important proposals in respect of controls.
This is a hugely important component of the system of checks and balances to ensure that Member States and operators are complying with Community legislation.
I want to see a genuine internal market operating in the control arena.
In this context we are also proposing to strengthen significantly the control function carried out by the food and veterinary office located in Dublin.
This revised Community framework would have three core elements: operational criteria set up at Community level, Community control guidelines, and enhanced administrative cooperation in the development and operation of control.
As part of our proposals in this area - which I expect to bring forward at the end of this year - I will be examining whether additional powers in addition to infringement procedures need to be given to the Commission. These could include withholding Community financial support or recouping funding already committed to a Member State.
These proposals must be seen as part of our mission to have the highest food safety standards in the world, boost consumer confidence and increase markets for farmers and producers in the Union.
In addition to the proposals for a new European food authority and an enhanced control system at Community-level, the White Paper proposes an action plan with a wide range of measures to improve and bring coherence to the Community's legislation, covering all aspects of food products from farm to table.
It sets out over 80 separate actions that are envisaged over the period ahead and intends to close identified loopholes in current legislation.
The new legal framework will cover animal feed, animal health and welfare, hygiene, contaminants and residues, novel food, additives, flavourings, packaging and irradiation.
It will include a proposal on general food law which will embody the principles of food safety such as responsibility of feed manufacturers, farmers and food operators, traceability of feed, food and ingredients, proper risk analysis through, for instance, risk assessment - that is, scientific advice and information analysis - risk management - that is, regulation and control - risk communication, and application of the precautionary principle if and when appropriate.
As regards the precautionary principle, I might add that the Commission is currently finalising a communication which I expect to be adopted very soon.
I look forward to having a useful exchange of views this afternoon with the Members of Parliament who would clearly have preferred to do this last week if there had been an appropriate parliamentary forum available.
However, having regard to my contacts with the presidents of the relevant committees, I recognise that this was not feasible. But I know too that we will have many further opportunities in the coming months to consider the White Paper's proposals on the authority.
We now have a number of months to have the necessary debate on the Commission's ideas on the White Paper on the establishment of a European food authority.
Parliament will have a key part to play in this debate.
Parliament played a crucial role in Europe's response to the BSE crisis. It has especially active since then in bringing citizens' concerns about food safety issues to the fore.
I expect that Parliament's contribution to the debate on the authority can be as incisive and constructive.
While we have a number of months to the end of April to debate the issue and garner our views, I recognise fully that this is also a very tight timeframe.
I would therefore ask Parliament to make appropriate arrangements to ensure that its views can be formulated as quickly as possible.
It is essential that the Commission should have the benefit of Parliament's contribution to the shaping of what would be a key component of raising consumer health protection to a new plane and thereby restoring consumer confidence in the European Union's food safety regime.
The European food authority will be a key ingredient in the EU's food safety regime in the years ahead. It is essential that we get the mix right.
Mr President, I thank the Commissioner for his statement.
I would like to welcome the division of labour that you have made and that food management will remain the responsibility of the European institutions, including the Commission and Parliament.
That is very much the right approach.
But there is one word that I have not heard you mention here tonight. I hope that we can thrash this out.
We need a body of food law, as you have said, and we need to agree this together.
It is very important that we include liability in that process. That is the one word I am talking about.
The problem so far is that taxpayers paid when something went wrong. That cannot continue.
When we have a crisis we have to clearly identify in advance that if there is a problem, those responsible are liable.
Mr President, it is a very worthwhile White Paper and you will not hear a word from me on the food safety authority.
My questions relate to the positive list for animal feed.
You are unclear about this in your White Paper.
What is your schedule, how long will it take you to produce a positive list?
When will the same requirements be applied to animal feed and the production thereof as apply to the production of food and the monitoring thereof?
The final part of my question is as follows: when will BSE testing be binding in all Member States?
That is another point, i.e. the question of obligation, which you were somewhat unclear on in your White Paper.
Thank you, Commissioner, for your statement.
I think the lines that you have set up regarding the Food Safety Authority are a recognition of reality.
The Member States would not accept a regulatory agency, so there is not very much point in your proposing one.
Some sectors of the food industry clearly need better regulation and that is clear on the issue of feed and animal feedingstuffs.
However, as chairman of a committee which looks as though it will be concerning itself almost entirely with food over the next three years, I have to ask: if Europe has the safest food control system, as you have said, why do we need 24 new directives and regulations and 20 new amending directives?
Secondly, will this not compound the problem of over-regulation from Brussels and under-implementation in the Member States?
We look forward to a fruitful dialogue with you on this.
Regarding enlargement: what plans does the Commission have to involve the applicant states in debates on these new laws, given that the Commission clearly expects the laws envisaged in the White Paper to form part of the acquis communautaire by 2003?
President, first of all I would like to thank Mrs Ahern, Mrs Roth-Behrendt and Mrs Jackson for their words of support in relation to the White Paper.
I find that encouraging and I look forward to further discussions with them and other Members of Parliament in relation to the issues that they raised.
Mrs Ahern raised the issue of liability. That of course is not specifically addressed in the White Paper except for the reference to the fact that we will be putting in place provisions - and there are already some - relating to the issue of traceability.
Once that is done, issues such as liability can be addressed.
I have not given full and detailed consideration to issues relating to and surrounding questions of liability despite my background, but it seems to me that there may very well be subsidiarity issues involved.
But I have taken on board your suggestion and I will give it further consideration.
Mrs Roth-Behrendt asked me about establishing a positive list.
That is one of the issues that we address in the annex to the legislation, and the intention is to establish a positive list for feed material.
At the moment the list is, as I say, a negative list and it is added to as required.
The establishment of the positive list is one of the issues set out in the annex with a date attached to it, 2002 in fact.
The rapid alert system for feed is something that we have identified as a gap in the legislation.
Rapid alert is there for food but not for feed.
This is unfortunate and it is wrong, and we believe that it is important to identify it and to establish legislation to close that gap and that will be done.
The work in relation to BSE in Member States and the establishment of random testing to identify levels of infectivity in Member States is ongoing, I know that Mrs Roth-Behrendt has asked me this question before and I said I thought it was coming along quickly but I understand it is in inter-service consultation in the Commission and work is currently under way.
I hope that the next time you ask me the question, I will be in a position to give you more detailed information.
Mrs Jackson has focused on the fact that there are 24 new and 20 amending pieces of legislation and asks whether this compounds over-regulation.
I should say that the pieces of legislation that we have identified are intended to close gaps in existing legislation. It is not so much a matter of the establishment of new regimes or further regulation, although that is part of it, but of identifying where there are gaps and loopholes in the chain from farm to table and closing them.
There is a reference to applicant states and that is something that we have in mind.
Standards of food safety and indeed other areas of safety are obviously of critical importance in relation to enlargement and this is a matter that I have drawn to the attention of Mr Verheugen.
Commissioner, the ignorance of certain Member States has landed us in a major food crisis here in Europe, and I am afraid that once more I have cause to be angry at the fact that again no Members of the Council are in attendance, and that on the day that you present your interesting report.
What I would very much like you to tell me is how you intend to guarantee that a new authority of this kind, whatever name it goes by, will be given influence over the Council, who in this authority will have the say in matters, and who will issue orders.
Of course, we are not in a position to dictate anything in terms of content, but I would insist on Parliament retaining the rights accorded it under Maastricht and Amsterdam, and even extending them.
I very much fear that we are to have yet another authority that flies through Europe anonymously like a satellite; an authority of this kind would be anathema to me and I hope it does not come to that.
I also welcome the White Paper.
But do you envisage that the Food Safety Agency will have enough teeth to prevent something like the beef war that we have had and France's refusal to lift the ban?
You mentioned the Commission being able to withhold grants and subsidies from countries who are acting in the way that France is acting.
Would you also propose that the Commission could give interim payments for instance, similar to the one that the British farmers are asking for at the moment?
Mr President, you said during last week' s information session that it was your view that any future EU food agency should not be located on the periphery, but you did not mention what that periphery was.
For example, the work of the EU unit located in Dublin has shown that physical distance is no barrier these days to communication and having an effective influence on matters.
It has been suggested that the most important tasks of a future food authority will be to gather, publish and coordinate data, make recommendations for improved food safety, and - as you said - collect scientific data and popularise that information for consumers.
All this will be managed with the help of modern technology in any area of the European Union.
I would ask you on what you base your ideas for a location?
In relation to the makeup of the authority: first of all it will employ in-house scientists who will liaise with and consult with scientists who are experts in the particular field that is being considered at any particular time.
In addition to that, the food safety authority will have a board. You will notice in the White Paper that we have not been specific about the makeup of that board.
This is an issue which I expect will be discussed between Parliament and the Commission over the next few weeks and months.
I envisage that the board's membership will be made up from stakeholders or representatives of stakeholders.
Its function will have to be set out in detail in the proposal I will bring to the Commission in September. We have not done that yet but it will be done in September.
I do not expect that the board will have any function in directing the scientists how to do their work.
That would erode the independence of the scientific advice. But it would have an overall remit, particularly, for instance, in requesting the authority to investigate particular areas requiring research.
Mr Florenz asks whether Parliament will have a say in that.
That is an issue for consideration and discussion. There may be a number of views on that.
Some may take the view that it would be inappropriate for Parliament or Members of Parliament - or indeed Parliament nominees - to be members of the board.
Others may take the view that it would be a valuable exercise if Parliament, through nominees or even MEPs themselves, were able to have an opportunity to discuss what issues should be investigated.
It is an issue for consideration but it has not been ruled out.
Mr Florenz also raised the question of anonymity. I am happy that he raised it because it is particularly important for this authority to have a high profile.
It must be visible.
It must be known. Consumers in the European Union must know of the existence of the food authority.
The CEO of the authority would be somebody who typically would be known, who might appear regularly on television talking about issues relating to food, particularly in relation to the good news stories surrounding food in relation to nutrition, diet and such issues, so that if another food crisis comes along consumers will be aware of the existence of the authority. They will be aware that they have heard from the authority before under other circumstances and hopefully will have some bedrock of confidence already built up in the pronouncements from the authority.
It is fundamentally essential therefore that the authority is not anonymous. It must be visible.
I will do everything I can to promote that high profile role for the authority.
Mrs Lynne asks whether the authority will have sufficient teeth.
I suspect that the question is focused on the issue of where the competence of the authority begins and ends and where the competence and authority of food safety agencies in Member States begin and end.
There would have to be an interaction at scientific level.
Quite clearly it is undesirable to have situations develop whereby scientists working for, or advising, the food safety authority at Community level may be in disagreement with some scientific opinion at Member State level.
That is an undesirable situation, we do not want that situation in the future.
There are a number of things that undermine consumer confidence - lack of information is one.
But information which includes a fundamental disagreement between scientists on core issues relating to food safety is also an issue of serious concern.
We must attempt to avoid that and establish the structures so as to ensure that there is a proper dissemination of information between scientists, that there is full consultation and discussion and that the authority at Community level has the opportunity and is mandated to seek the advice and opinion of independent scientists in all Member States and indeed maybe even beyond, where experts are to be found elsewhere.
Over time, as I said a moment ago, not only will the profile of the authority be raised but its expertise, its moral authority will be increased and enhanced over a period of time so that its views are accepted and not challenged.
This situation can be achieved over a period of time.
You cannot legislate for consumer confidence. It is something that is earned over a period of time.
However, the Commission will have the possibility of seeing that the opinions of the Authority on scientific matters are enforced by way of passing legislation which is the function of the Commission, Parliament and Council.
I realise that this is a somewhat time-consuming exercise but, nonetheless, the establishment of legislation arising out of the opinions of the Authority is - I believe - the way forward.
Any failure to comply with legislation is a matter that can be dealt with in the courts in the normal way.
One of the issues that we may have to address over time is the question of the speed of response in such circumstance.
I hope to see if something can be put in place to get us a faster response from the court process.
In relation to grants and subsidies: yes, consideration has been given to that issue.
It will require the advice of legal services and that will be sought, particularly bearing in mind that it may provide a speedy response to a failure to comply with Community law pending a court ruling.
In relation to Mrs Lynne's question on interim payments: that is a matter that might very well be addressed by Parliament as it relates to budget issues.
Mrs Myller then asked me about the location of the Authority.
No decision has been taken in relation to that other than to say that it is more likely that the Authority will be located centrally rather than on the periphery.
I recognise that the FEO is located in Dublin and, although I come from that part of the world myself, I have to accept that it is not the centre of Europe!
But the FVO is in quite a different situation from the Food Safety Authority. The FVO is made up of independent scientists and vets and so on who travel from some location where there is an airport - quite clearly we have an airport in Dublin.
The Food Safety Authority's situation is quite different. It has to be close to the Commission because of the need for interaction between the scientists involved in the Food Safety Authority and those of us who are involved in the initiation of legislation.
An important part of the communication between the two institutions will obviously be to ensure that those of us who are involved in the drafting of legislation understand clearly and perfectly what it is the scientists mean, what problems they have identified, what legislation is necessary to deal with the issues they raise.
Equally, the scientists will wish to have some input into the legal process or the policy-making process or the law-drafting process, to ensure that the legislation meets the ills that they have identified.
It seems to me desirable for an authority of this type to be centrally located.
Scientists will be employed in-house but it will also be necessary to liaise with scientists on a consultative basis and, in those circumstances, as scientists will have to travel, it is probably better that they move to a central location, once again where the parliamentary structures and the Commission and Council are based.
That is my judgement at the moment.
It may be a matter for discussion here and elsewhere and I will listen to any suggestions that are made but my preliminary conclusion is that this Authority should be located centrally rather than on the periphery.
Colleagues, I am in a very difficult position because I cannot change the agenda.
I would suggest to you to take this matter up with your political groups and raise it in the Conference of Presidents.
If you feel that these sessions after a Commission statement are important, I would suggest that we require more time than the half-hour that is allocated to them.
On this occasion we have had six minutes of questions from the floor of the House and we have had 29 minutes of response by the Commissioner, and his statement.
As you can see, half-an-hour is not really anything like enough time for such a session.
I hope you might discuss this in your political groups so that we can have a better structured session with the Commission on such future occasions.
That concludes the debate.
Question Time (Commission)
The next item is Question Time (B5-0003/2000).
We will examine questions to the Commission.
We will dedicate approximately one hour and fifteen minutes to Question Time.
We will cut back our time a little because the interpreters are working today in continuous session.
Mr Purvis has the floor for a procedural motion.
I object to the fact that we are cutting back the time for Question Time; it is one of the few occasions when backbenchers have a chance to get their time on the floor and I do ask you to extend it to one and a half hours as is on the agenda.
That is the agenda and I think that we should stick to the agenda.
The fact is that the agenda said that we would begin at 5.30 p.m., and you can see the clock.
I hope that we do not go on into the evening session in any event.
First Part
Question No 28 by (H-0781/99):
Subject: Construction of nuclear plant in earthquake-prone Turkey The two recent earthquakes in Turkey registering more than 7 on the Richter scale raise tremendous doubts about Turkey's persistence with the construction of costly nuclear reactors at Akkuyu, while energy reserves produced by the Atatürk dams are exported to third countries and the EU spends a slice of its budget on repairing the damage wrought by the earthquakes.
Turkey's nuclear plans ? which ignore the risks to the population and ecosystems of Turkey and the surrounding region ? prompt the suspicion that there are underlying plans previously determined by Turkey's political and military leaders to acquire nuclear technology enabling them to build nuclear weapons, as evidenced by their attempts to buy reactors of Canadian origin of the type acquired by India and Pakistan.
What steps will the Commission take to prevent nuclear accidents and the proliferation of nuclear weapons in a country that wishes to join the EU but spends enormous amounts on nuclear programmes while receiving financial aid from the EU budget?
Mr Verheugen has the floor on behalf of the Commission.
The Commission is following with interest the planned construction of a nuclear power plant in Akkuyu, Turkey and recognises the importance of ensuring that the construction of the new plant follows the highest internationally accepted nuclear safety standards.
According to our information, the decision on the selection of a bidder has not been taken yet.
The Commission acknowledges the fact that Turkey has signed and ratified the convention on nuclear safety and recognises that the responsibility for granting licences and regulating the siting, construction, commissioning, operation and decommissioning of nuclear power plants in Turkey rests entirely with the Turkish Atomic Energy Authority.
The Commission does not have a mandate to impose any limits on decisions taken by any country in terms of energy production, including the nuclear option.
As Commissioner Wallström indicated during the hearings in the European Parliament in September 1999, the Commission will bring up the issue of nuclear safety and radiation protection in any relevant meeting with the Turkish Government in the future and I am happy to inform you that I will have a meeting with the Turkish Foreign Minister in a couple of days and will certainly raise the issue.
In particular, the Commission is aware of the public concerns about the recorded seismic activity in the area of the Ecemis fault line located in the vicinity of the proposed plant site.
According to information received from the International Atomic Agency, the design of the plant takes into account the possibility of earthquakes stronger than any ever recorded in the area and particularly more than ten times stronger than the one registered in June 1998 in Adana.
Large design margins are being provided in order to ensure safe operation of the plant according to the environmental conditions of the site.
The Commission is also aware of concern about the possible intention of using the plant to produce weapons-grade material. It acknowledges the fact that Turkey has signed and ratified the Treaty on the Non-proliferation of Nuclear Weapons and has subsequently concluded a comprehensive safeguards agreement with the International Atomic Energy Agency.
Thank you for your reply.
I should like to make the following points: Turkey is now a candidate country. This plan is designed to increase its energy potential by 2%.
At the same time, it also wishes to acquire Cadou type reactors from Canada, which we now know have already been used for nuclear weapons in Pakistan and India.
In this sense, there is therefore a serious risk that some idiot will decide that the new geopolitical balance of power in the Caucasus calls for a nearby country with weapons grade nuclear technology. So much for the political aspect.
Now to the technical aspect.
The safety factor in this type of project, and I am speaking as an engineer, has nothing to do with increasing safety levels in relation to the risk of collapse by a factor of ten or twenty.
In cases such as this, where there is uncertainty, simulators are used.
However, we cannot used simulators in cases relating to nuclear energy.
In this sense, all high seismic risk areas must be excluded a priori for nuclear installations such as this.
Therefore, and given that the relationship between the European Union and the Commission and Turkey has now changed, it would be a good idea if Turkey discussed certain matters relating both to the safety of the area in general and the peaceful development of Turkey within the European Union.
A couple of weeks ago we had a debate in Parliament on the nuclear safety issue with special regard to the candidate countries.
I have explained the position of the Commission.
You have to accept the fact that there is no acquis communautaire on nuclear safety.
So what we did was use political means to convince some candidate countries that we have to have decommissioning plans for some reactors that are considered not to be upgradable.
In the case of Turkey it is different.
The plant is not yet there. I have already said that Turkey is part of the NPT and of the Convention on Nuclear Safety.
If we see in the development of that nuclear power plant that there are concerns about safety we will discuss it with Turkey.
If the conclusion is that Turkey is planning to build a nuclear power plant that does not meet normal European safety standards is concerned then we would do the same as we did with Lithuania, Slovakia and Bulgaria.
I think it is the right of a Member of Parliament to raise his own concerns and fears.
I do not have these concerns.
I believe that Turkey completely recognises the standards and the criteria of the convention on nuclear safety and the non-proliferation treaty, but there is no doubt that there are concerns in the public in Europe and I think it is quite right to discuss them here in Parliament.
Question No 29 by (H-0786/99):
Subject: Depleted uranium weapons Has the Commission conducted any studies of the potential effects upon EU states of transboundary pollution arising from the use of depleted uranium weapons in the Kosovan conflict?
If not, why not?
Mrs Wallström has the floor on behalf of the Commission.
Thank you, Mr Bowe, for your question.
The European Commission has monitored the environmental effects of the conflict from the beginning of the NATO action.
As early as last June the Commission financed a first study. It was carried out by the regional environment centre for central and eastern Europe and concluded that there had been no large-scale ecological catastrophe.
None of the subsequent evidence or analysis has overturned that original assessment.
The Commission has also been closely associated with the production of the recent report published by the United Nations environment programme - Balkan Task Force.
This is the most detailed and comprehensive report to date on the environmental effects of the Kosovo conflict and I recommend it to those who have not yet studied it.
The use of depleted uranium weapons was one of the many issues considered and this report is now widely available also on the Net.
The Balkan Task Force was hampered by the fact that little or no information was available on the actual use of these weapons during the conflict.
No indications of contamination were found in Kosovo during the BTF fact-finding mission.
However, this does not exclude the possibility that areas in Kosovo are contaminated by depleted uranium.
From a desk assessment coupled with a fact-finding mission the report concludes that the risks, if any, are limited to an area around the target.
Future actions will take place within the stability pact for south-eastern Europe.
A special regional environmental reconstruction plan is also being developed. It will form the framework for emergency assistance for combating war damage if such action should be needed.
First of all, Mr President, can I thank the Commissioner for that very useful response.
Clearly the Commission has given some consideration to this problem and I am pleased that these reports which have been produced so far have looked carefully at the issue.
But I would like to point out that the concern with depleted uranium weapons is about the way in which they are used.
This uranium becomes air-borne, is inhaled and could now be effectively carried by members of the population in Kosovo with rather more long-term effects than it has been possible to establish so far.
This seems to be the pattern of events that has emerged after the use of depleted uranium weapons in the Gulf war.
I would therefore ask the Commission if it would wish to consider continuation of monitoring and for what length of time they might consider monitoring in future to see the long-term effects, not just of depleted uranium weapons but of some of the other effects on the environment that we do know have occurred at least in a localised way within Kosovo?
How long will you continue to monitor the effects of these weapons?
Thank you, Mr Bowe, for that question.
We have to state again that there is still no confirmation that depleted uranium was used in the conflict and no depleted uranium has been detected in the clean-up of Kosovo.
But those symptoms and those problems that you mentioned could be there and that could be the effect of the use of depleted uranium. That is also mentioned in the report.
No transboundary effects have been detected and most of the weapons will have been used on the territory of the Federal Republic of Yugoslavia.
The problem is that the current political isolation of the country means that access to this area is restricted.
A big responsibility rests with the United Nations because they are addressed with this report, so they have to take responsibility.
But through this regional and environmental reconstruction plan we can continue the monitoring and the assistance we can give and that is, for the time being, the kind of frame we can use for the work of the European Union.
It is important to follow up and it gives the Member States, as well as the United Nations and the Commission, something to think about when it is a matter concerning military secrets and their effects on the environment.
It also has a long-term effect on thinking when it comes to the use of these sorts of weapons.
Mr President, Commissioner, in a few months' time, hundreds of thousands of holidaymakers will again head for the Adriatic Coast to spend their summer holiday.
We know from media reports that bombs and weapons were dumped just off the coast.
Are you able to confirm that holidaymakers will be able to swim safely in the Adriatic this summer, and are there any measures in the pipeline for ascertaining what the dangers might be in this respect?
I wish I could give guarantees for many things but unfortunately I am not able to.
We make our judgements from reports like this and the missions we send to check on things like this.
That is what we rely on when we advise people on what to do.
What we have seen is that war affects the environment in the long term and is dangerous.
In the environmental field we have just passed a directive on marine pollution. That also includes bullets and weapons and so on and it is an early warning system.
Unfortunately we are not able to give guarantees and we can only continue to monitor and try to do the clean-up exercise.
I wanted to ask the Commissioner whether it is true that soldiers of the NATO armed forces now stationed in that region undergo special controls against nuclear radiation and that the same measures are not applied to civilians living in the area?
I cannot answer that question.
When it comes to medical checks and so on, I do not have all the information needed to give a proper answer.
What we know from the environmental side is what I have already mentioned, that there is now an environmental reconstruction plan, but when it comes to medical check-ups I do not have the information about that.
Of course I can go back and see whether we can find the necessary information.
Question No 30 by (H-0793/99):
Subject: Appointment of a European Union envoy for Tibet In 1998 the Tibetan Government in exile received over 4000 Tibetans who escaped over the Himalayan mountains seeking freedom and refuge at risk of life and limb.
Many of the refugees had been severely frost-bitten and many had died along the way.
The Tibet Intergroup is very concerned about the worsening situation in Tibet and it is clear that the current policy of the European Union has proved inadequate to address the grave human rights abuses faced by Tibetans daily in Tibet.
The Tibet Intergroup, therefore, gravely concerned about the continuing human rights abuses in Tibet and supporting the Dalai Lama?s proposal for dialogue with the Chinese Government to resolve the situation in Tibet, calls on the Commission to appoint a Special Envoy for Tibet to address the concerns of the European Union and to help bring the Tibetan and Chinese authorities together for dialogue.
When will the Commission appoint a Special Envoy for Tibet?
Mr Patten has the floor on behalf of the Commission.
The concerns expressed by the European Parliament about Tibet are widely shared.
I have long believed in the need to set out our views on human rights issues, including Tibet, firmly and candidly to the Chinese authorities.
The European Union did that at the European Union­China Summit in Peking last month where we pressed the Chinese on a number of human rights issues, including Tibet.
We again urged the Chinese to begin a dialogue with the Dalai Lama.
I urge the Chinese again to do so. We will continue to raise Tibet with the Chinese authorities.
We are also doing a number of other things: in the European Union-China human rights dialogue, we have focused on a number of practical steps, including sending experts on assignment to Tibet, planning development assistance programmes and activities focusing on health, education and training for Tibetans.
The appointment of an EU special envoy for Tibet would be primarily a matter for the Council to decide and Parliament might care to take the issue up directly with them.
But for my part, I am not sure that it would add much practical value to our efforts. It would be unlikely to have much impact on the Chinese authorities and we already have effective channels of communication with the Tibetan community in exile.
I am also keen to guard against an exponential growth in the number of special envoys, however worthy the cause.
Mr President, Mr Patten, of course, you are very well-qualified to comment on account of the time you spent in China, and you are well aware of how hard the Tibetans are trying to initiate a debate, something which has always been blocked hitherto.
However, if your response was to be that we should turn to "Mr CFSP" , that is, to Mr Solana, then I fear that this would constitute a one-sided approach to an external policy matter.
Your approach, which I am very much in favour of, since it is a coherent one, takes its inspiration from the issue of human rights; I wholeheartedly agree that we must embrace the cause of human rights.
Imprisonment, torture, the mutilation of young women and so on and so forth, are definitely issues that we could discuss ad infinitum.
If we cut down here and say that the Council now shares responsibility for this, then I fear that these human rights issues will not be given the attention they deserve.
The possibility of stressing the importance of business and trade in the first place, but also making very sure that we include human rights in the equation, would be a step we should take in tandem with the European Commission, rather than saying that it is a matter for the Council.
Let me make clear to the honourable Member what the position is.
I stated nothing but the truth when I said that the appointment of special envoys was a matter for the Council.
As it happens, we deal with the budgetary consequences, the Council makes the appointment.
Some may think that the budgetary point should be looked at in due course.
Putting that on one side, because that is the situation, it does not mean that we do not have a view and a competence in human rights issues. I am very much hoping in the next few months that the Commission will be able to produce a communication on human rights pointing out, among other things, that there is no disjunction whatsoever between a regard for human rights in China or other places in the world and the trading and commercial interests and other interests of the European Union.
I have long believed that we should all recognise that countries where it is best to do business are countries that treat their own citizens most decently - everywhere in the world.
I repeat that we have made our position known to the Chinese on Tibet.
During the few months that I have been a Commissioner that has happened twice, first of all in New York at our meeting with Minister Tang and most recently at the meeting in Peking and we will continue to make that concern manifest.
If I can make a literary commendation to the honourable Member, who I recognise is interested in these subjects, I recommend to him a book published just before Christmas written by Isabel Hilton, the distinguished journalist, on the problems of Tibet.
Mr President, I would like to start my additional question with the Tibetan greeting, which betokens peace and happiness.
We are not just talking about human rights and the environment where Tibet is concerned, rather it is about a unique cultural heritage that is also able to communicate important values such as peace, serenity, compassion - as the Dalai Lama would say - to us Europeans.
The question before us now is what can the Commission do to provide more practical support for his Holiness, the Dalai Lama' s, proposal for a peaceful solution to the Tibet affair?
I would point out that doing nothing will be the death of Tibetan culture and will mean the end of the Tibetan people.
I have much sympathy with what the honourable Member has said about cultural heritage and about the Buddhist tradition.
Like the honourable Member I have read the autobiography of the Dalai Lama. It is an extremely moving account, not just of his responsibilities in and towards Tibet but also of his spiritual views as well.
The Commission, like others, has urged dialogue.
The Dalai Lama has made it clear that peaceful dialogue is what he wishes.
I wish that the Chinese authorities had responded consistently and positively to that overture from the Dalai Lama.
At or around the time of President Clinton's visit to China, the President of the People's Republic of China gave the impression that dialogue was on the agenda.
It would be very beneficial, not just for Tibet and for all those who believe in peace and stability in Asia, but it would also be greatly to the credit of the Government of the People's Republic of China if they were to respond to those attempts to begin a dialogue.
Question No 31 by (H-0795/99):
Subject: Commission's rejection of legislation on proper administration in the EU According to newspaper reports, the Commission has rejected the proposal by EU Ombudsman Jacob Söderman for a citizens? right to proper administration in the EU.
Although the Commission has itself approved the idea of legislation on proper administration, it has not now accepted a detailed proposal that has been made, but has decided to issue a whole set of additional guidelines on improving service.
Are these reports accurate?
What is the reason for the Commission?s acting in this way, and how can it explain the resultant discrepancy between its words and its actions on the reform of EU administration? Does the Commission consider that what has happened is compatible with the five-point programme agreed between Parliament and the Commission in September, and is it prepared to submit a detailed proposal for legislation on proper administration in a form which allows Parliament to express an opinion on it?
Mr Patten has the floor on behalf of the Commission.
The newspaper reports that the honourable Member made reference to seem to me to be misleading and inaccurate.
In November 1999 the Commission approved at first reading a code of good administrative behaviour to be incorporated into its Rules of Procedure.
At the moment the Commission is consulting its staff representatives on the document, a process which will be finalised in the forthcoming weeks. The Commission will then adopt the code at second reading.
It should be noted that the new Commission gave an immediate follow-up to the European Ombudsman decision of 28 July 1999 in his own-initiative inquiry related to the code.
The Commission would like to stress in particular that, in the drafting of the code, it has taken on board all the draft recommendations of the European Ombudsman.
The code will be a document exclusively dealing with the relations of the Commission's administration with the public.
It will be adopted through a legally-binding Commission decision to be published in the Official Journal of the European Communities.
The document has been drawn up taking full account of the provisions contained in the draft prepared by the European Ombudsman's office.
According to the related provisions in the Treaties the responsible legislator for establishing its Rules of Procedure is the Commission itself.
However, it goes without saying that the Commission adheres to the principle of regular political dialogue with the European Parliament on all aspects of administrative reform.
Mr President, I would like to thank the Commissioner.
However, I would still like to ask when this code will finally come into force, bearing in mind that it has been on the agenda since 1997.
The newspaper reports were misleading.
I do not think there is any difference between us and the Ombudsman.
There is a question about the legislative base on which we have taken the best advice and I think we are soundly placed on that.
I want to repeat that honourable Members, like the honourable Member who asked the question, who take a particular interest in this issue, will want to have a dialogue about it.
It is extremely important and I recognise the concern of the honourable Member.
I want to thank the Commission for what I perceive as a very positive answer.
For safety' s sake, I should like to have confirmation that it really is the case that, where the Commission and good administration are concerned, there is no part of Jacob Söderman' s proposal which the Commission thinks is unacceptable.
Is it true that the contents of all parts of the proposal will be approved?
Let me read what it says in my brief - and as it is in my brief it must be true!
"I would like to stress again that the Commission has accepted all the Ombudsman's recommendations contained in his draft recommendations of July 1999".
Both documents, that is the Commission's document and the Ombudsman's draft, cover largely the same ground.
The only substantial question that has arisen is the legislative basis.
I can go into that in detail if the honourable Member would like but there is no doubt that we are on all fours with the Ombudsman on this important issue.
Question No 33 by (H-0829/99):
Subject: 'Mainstreaming' in EU aid policy In 1995 the Council drew up guidelines for integrating the equal opportunities dimension ('mainstreaming') into the full range of EU aid policy.
The guidelines call for all staff working in the development sector to receive continuous training in 'gender mainstreaming' but in recent years only around 50 people have been trained and there is still no compulsory training in the subject within the Directorate-General for Development.
'Mainstreaming' means taking account of equality between women and men as an integral part of all forms of development policy, strategy and measures.
To achieve that, the Council's guidelines must be implemented in their entirety.
Current staff must receive compulsory training in equal opportunities and 1-2 days' training in such issues should form an essential part of the Directorate-General for Development's introductory courses for new staff.
Is the Commission prepared to take such measures?
Can I first of all emphasise how sorry my colleague, Mr Nielson, was that he could not be here but the honourable Members who are concerned about these development questions will know how important his mission is, trying to ensure that our agreement with South Africa survives.
The Commission is prepared to look at the possibility of making an introduction to gender and development, part of the so-called induction courses for new staff, something that has been done already but not, I admit, on a regular basis.
The training of staff moving to the delegations in the different regions is another entry point. The training then would be automatically performed without being compulsory.
We also aim to include training in these issues in the basic training that our officials receive in project cycle management.
As far as possible, we want to see this sort of training automatically built into programmes at the outset, instead of having to be tackled separately and later.
My own view as a former development minister is that these issues should be mainstreamed themselves and tackled at the heart of training and not turned into a sort of optional add-on.
Well I certainly take gender mainstreaming seriously and so does my colleague Commissioner Nielson.
I must not go on about books, but I have just been reading the book by David Landis Barnhill on what makes some countries prosperous and some countries less prosperous and it is interesting to see there the importance that he attaches to gender issues, in the economic prosperity and political stability of societies, going back millennia.
Secondly, in my view, while the training that we are talking about should not be compulsory - after all there is no compulsory training on anything in the Commission - it should be essential.
And, since it should be essential, I would hope that everybody would make certain that they had adequate gender training.
That goes for everybody at whatever level of seniority. It is not something which more senior officials can deem appropriate for their juniors but think that they are too grown-up or too senior to receive themselves.
Thirdly, one of the best approaches to this issue is to integrate gender as an important and cross-cutting issue into the most popular courses for development officials and above all perhaps for the project cycle management course which is key to good management of projects on the ground.
So I sympathise very much with what the honourable Member has said.
I hope the approach that we are following both demonstrates practicality and the imperative of giving this the attention which it deserves.
Since 1991, the Community has provided significant financial support to the New Independent States including the countries of central Asia.
The major part of European Union aid has been provided under the TACIS programme.
In 1998 and 1999 Kyrgyzstan, Kazakhstan, Uzbekistan and Turkmenistan received technical assistance of EUR 75 million.
This assistance has delivered benefits in all sectors, in particular agriculture, infrastructure development, the private economy and the strengthening of institutions.
Security considerations have prevented Tajikistan from benefiting fully from TACIS but a rehabilitation programme of EUR 7.2 million has been in place in 1998 and 1999.
In addition to national programmes, the European Union has supported important regional actions in the energy, transport and environmental sectors.
Food security programmes in central Asia began in 1996, following two previous years when the European Union provided food aid in kind.
These programmes have benefited Kyrgyzstan and to a more limited extent, Tajikistan.
Funding for NGO programmes in Tajikistan amounted to EUR 7.42 million in 1998 and 1999. Over the same period, Kyrgyzstan received EUR 17 million.
Since 1993 the Commission's European Community Humanitarian Office, ECHO, has been active in supporting the most vulnerable groups and sectors in Tajikistan and Kyrgyzstan.
In 1998 and 1999 EUR 3.8 million was granted to Kyrgyzstan and Tajikistan received over EUR 35 million, mainly for food, medical supplies, water and sanitation.
Frequent monitoring and situation assessments have shown that European Union assistance is contributing to the stability of these countries and therefore the ongoing peace process.
Mr President, Commissioner, there is a risk of Central Asia and the Caspian Sea becoming the Balkans of the 21st Century.
That is why it is imperative to stabilise the two major states of Turkmenistan and Uzbekistan in particular.
That is why I would like to ask you what you are actually able to do within your own sphere of competence, how the negotiations with regard to the partnership agreement with these two countries are going, that is, with regard to political relations that is.
Of course, that falls within your remit; my next question falls within Mr Nielson' s remit in that it concerns environmental cooperation, in particular matters pertaining to water and the problems surrounding the cotton monocultures, which are the cause of great aridity.
We were able, at the Istanbul Summit a couple of weeks ago, to meet and have discussions with some of the Central Asian republics.
I am very anxious that we should strengthen our relationship with them.
I can send the honourable Member, if he would like, a detailed breakdown of exactly where we stand on the negotiation of partnership and cooperation agreements with each of the Central Asian republics.
Obviously everyone will hope that his prediction of what may happen in the future is on the gloomy side. But I have no doubt at all that he is right to point to the strategic importance of Central Asia.
I have heard the honourable Member talk in the past about the Caucasus as well.
He is absolutely right to say that a Union which talks about conflict prevention should be looking at what it can do in these particular areas to ensure that there is not the sort of conflict in the future which has caused so much devastation in the Balkans and which has cost us a great deal more than we might have had to spend otherwise, had we taken more pre-emptive measures if those had been possible.
So the honourable Member's remarks about the strategic importance of these regions are extremely well made.
We are contributing to programmes in the region which have some ecological impact.
Our food programmes are directly related to structural reforms in agriculture as well as poverty alleviation.
Those programmes themselves are intended to ensure that agriculture has a more soundly based position in those societies and does not consist simply of raping the land.
There is an ecological aspect which we should continue to give priority to.
We also take good note of the fact that the Member who has asked the question has applauded the Commissioner' s answer.
This is not the usual state of affairs.
And furthermore the Commissioner has not quoted from his bibliography this time.
Thank you very much, Mr Patten, for your interventions today.
Question No 35 by (H-0778/99):
Subject: Greek action plan for employment According to the findings of the evaluation of Action Plans for Employment, Greece and Italy are the main targets for criticism from the Commission for not properly carrying out employment support measures and policies.
The report states that in Greece and Italy targets for improving ?employability? have not yet been reached and it is doubtful whether the policies to be implemented will enable the guidelines on preventing and dealing with long-term unemployment to be complied with.
The report also comments that in Greece there are no plans for medium to long-term measures aimed at reducing employment tax and insurance charges, or for the satisfactory use of European Social Fund resources to support employment policies, and, in addition, that there are no exact employment figures.
Could the Commission say whether the Greek Government has made any specific commitments on how to tackle the problems of youth and long-term unemployment, and what these commitments are?
Has the government legislated for and put into place a suitable system for pinpointing, recording and monitoring fluctuations in unemployment, or are most of the measures perhaps still limited to counting those out of work?
As far as Mr Papayannakis' question is concerned, in the 1999 Action Plan for Employment, the Commission proposed certain recommendations for Greece with a view to improving the efficiency of the Action Plan for Employment.
The most important recommendations related to the need to improve efforts to reform public sector services, where problems exist, improve the statistical monitoring system and apply preventive policies in accordance with guidelines 1 and 2 of the Action Plan for Employment.
The Greek Government introduced two specific programmes in 1999 as part of its employment policy: "Yes to Work" and "Back to Work" .
We do not yet have the final results of these programmes and cannot yet tell if the quantitative objectives were achieved.
The Greek Government acknowledges the problem of its being unable to record human resources entering and leaving work and is therefore committed, firstly, to restructuring public sector employment services in Greece, secondly, to setting up efficient employment promotion centres - this programme has already started but has not yet been completed - and, thirdly, to introducing a system of electronic employment cards and using suitable IT systems to monitor all these policies.
In the new programme submitted for the period from 2000 to 2006, which is being financed from the Social Fund, both the resources and the policies should be used, with the Commission' s support, to implement the objectives which I referred to earlier.
The Commission will keep a close watch on the Greek Government in order to ensure that it honours the commitments which it has made.
Thank you, Commissioner for your reply.
However, our current situation is as follows: at 11.3%, we have the second highest unemployment in Europe, which was not previously the case, we have the biggest increase in unemployment, we spend less than anyone else on the unemployed, i.e. less than 1% of GDP, while other countries, such as France, Belgium and Germany spend 3-4%, and it is not clear how the money received from the Social Fund has been used, inter alia, to combat unemployment.
You tell me that you, as the Commission, have made recommendations.
I understand and welcome that and I hope that the recommendations will be adhered to.
However, my question for a very long time has been this: what happened with previous policies?
Did anyone find work?
How many people found work?
If you cannot tell us for this year, then last year and the year before.
What has been done about training?
Is the purpose of the famous training centres to provide jobs for instructors or trainees?
Do we have any figures?
In other words, do we have ways of checking what is happening with this government policy in Greece?
Mr Papayannakis, the only answer I can give you is that the Greek Government does indeed need to step up efforts to introduce computerised statistical records and to set up structures so that the programmes implemented have the quantitative results which you mentioned, and so that monitoring can be carried out and used as a basis for formulating policies.
Greece has seen an increase in the employment rate and, as far as I can see, an increase in productivity.
The action which the Commission can take relates to the specific guidelines.
As you know, there are 22 guidelines on which each country is evaluated. They concern access to training, the ratio of men to women with access to training, and special action for the long-term unemployed.
The Commission will endeavour, for all these specific guidelines, to quantify the data and to obtain specific information based on the implementation of the new Community framework for 2000 to 2006.
Question No 36 by (H-0782/99):
Subject: Danish early retirement pension scheme Will the Commission state whether the Danish early retirement pension scheme has been approved in its entirety and whether there are disagreements between Denmark and the Commission in other areas of social policy?
The Danish pension scheme, the Efterløn, only allows people resident in Denmark and people who have completed the required period of employment in Denmark to retire.
Some workers have complained to the European Commission because they do not have the right to retire.
The Danish authorities do not consider that they are obliged under Community law to pay this compensation to workers taking early retirement who do not meet the conditions required under Danish law.
It should be noted that the current regulation on social security systems does not at present refer to the question of early retirement and the Commission has proposed certain amendments to the regulation which are, however, still pending before the Council.
There is, as yet, no European Court case law on Efterløn, but it could validly be argued that the residence requirement is incompatible with general clauses now in force banning discrimination on the grounds of nationality.
The Commission services set up a procedure for joint meetings and discussions with the Danish Government with a view to finding a common language and a common approach.
The last meeting on the subject was held in November 1999 and we are waiting for the Commission services' final proposals on whether or not infringement proceedings will be instituted against Denmark.
I noticed that the Commissioner did not give a direct answer to the question of whether the Danish early retirement pension scheme as a whole has been approved by the Commission, but it was indirectly apparent that the answer was that it has not been.
I should like to ask the Commissioner expressly to confirm that the scheme has not been approved by the Commission.
The Commissioner also more than hinted, of course, that a lot of consideration was being given to bringing the whole issue of the Danish early retirement pension scheme before the Court of Justice in Luxembourg, specifically on the grounds that the scheme actually discriminates against non-Danish wage earners who are unable to fulfil the conditions, due to the fact that they have not been in paid work for the period required under the Danish system.
I should like to ask the Commissioner if she can provide any approximate deadlines in connection with this matter, for it is a problem which needs clarification in the context of the Danish socio-political debate.
So I should be grateful if the Commissioner could enlarge upon this question.
Honourable Member, I should just like to stress that both Denmark and numerous other Member States are having problems interpreting the directives and transposing them into national law.
This is one such case and discussions are under way between the Danish Government and the Commission in order to find the best possible solution to the matter, to the benefit of the workers who meet the requirements and who, as things stand, have a right to this pension.
Briefly, just to follow on from that last point, I invite the Commission to make it absolutely clear that the Commission's objections, such as they are, would not in any way infringe the rights of Danish nationals to benefit from this scheme, but simply that the Commission has a concern, which it has the right to have under Community law, to ensure that the scheme applies to all EU citizens who qualify.
I think that the answer is brief and clear.
Of course it is as you say.
There will be no problem with Danish nationals within Denmark, that is not where the problem lies.
The problem is with Danish nationals or other nationals residing outside Denmark.
Question No 37 by (H-0791/99):
Subject: Working time directive Can the Commission say what action it proposes taking to ensure a level of protection, equivalent to that provided by the 1993 working time directive, for non-consultant hospital doctors, who were excluded from that directive and again from the proposal for a Council amending directive (COM(98)0662-C4-0715/98 - 98/0318(SYN))?
A proposal has been drafted for a directive to amend the directive on the working time of non-consultant hospital doctors.
The content of the proposal concerns the average 48-hour working week of doctors, with the possibility, following negotiation, of increasing it to 54 hours.
The Council, Commission and Parliament are all agreed on the content but there is disagreement on the transitional period for implementing the directive.
Parliament has proposed 4 years, the Commission 7 and the Council 13.
This proposal is still being discussed by the Council and Parliament on the basis of the codecision procedure.
Although there is this disagreement, I should stress that all three institutions agree on the content and that every effort is being made to find a common approach to this particularly important and sensitive question which concerns an exceptionally large number of working doctors throughout Europe.
Question No 38 by (H-0805/99):
Subject: Measures to advance gender equality One of the working groups of Commissioners announced by President Prodi has as its objective the promotion of measures to advance gender equality (gender mainstreaming).
Which Commissioners are members of this group?
How many meetings of the group have been held to date?
What concrete measures have been discussed?
This question covers several individual matters.
It refers to the special Commission working group dealing with questions of equality.
The Commissioners taking part are President Prodi, Vice-President Kinnock, Mr Reding and myself.
The meetings of the working group are open and the first meeting was held on 11 January 2000.
Three serious issues were discussed: the first was the first discussion on the fifth programme for women, of which I gave an initial evaluation, the second issue was the report by Mr Busquin on the investigation into the participation of women in research and science, and the third involved Mr Kinnock, who reported to the working group on efforts being made to take account of the gender equality dimension in the overall reforms currently taking place in the Community.
Thank you very much, Commissioner, for your reply, although I regret the fact that this working group has taken so long to meet, since this matter is of the greatest importance.
We trusted this Commission, from the outset, to begin work on all issues relating to greater equality for men and women. I hope that, in the future, things will change and meetings will become frequent, because there are many issues which require the attention of the Commission in order to speed up and conclude, as quickly as possible, those measures which will promote greater equality between men and women.
Mrs Avilés-Perea, that was an exhortation rather than a question.
But if the Commissioner wishes to offer doctrine or good intentions ...
Question No 39 by (H-0807/99):
Subject: Community EQUAL initiative On 13 October 1999, the Commission adopted the Community's EQUAL initiative, the aim of which is transnational cooperation to find and develop new means of combating discrimination and inequalities in the labour market with the focus on asylum-seekers.
Under this umbrella, each Member State is to submit proposals in the form of a Community initiative programme for that particular country.
What criteria will the Commission use to approve or reject the Member States' programmes?
Which Community body will control the funding of the steering group and the monitoring committee and verify that the programme is carried out exactly and correctly?
The European Social Fund contribution for the period 2000-2006 will total 2 487 billion euro. As the EQUAL initiative is a joint funding venture with the Member States, what will Greece's contribution amount to?
The EQUAL initiative is not restricted to certain groups of people.
Its purpose is to combat discrimination in the workplace.
The decision on this initiative was taken in Berlin, where it was decided to take account of professional groups of asylum seekers and to include them in its action.
This is an important aspect of this initiative.
The Community initiative programme in each Member State must comply with the regulation. This is the same as the Social Fund regulation, i.e. EQUAL comes under the Social Fund regulation.
It has been submitted to Parliament and we expect Parliament' s opinion next month.
I should like to stress that the EQUAL initiative satisfies national requirements and national plans defined in accordance with agreed European strategy.
The Member States, i.e. the national governments, have primary responsibility for setting up the joint agencies, submitting proposals, selecting the proposals which the programmes will implement and carrying out primary control.
Within the European Commission, the Directorate-General for Employment is responsible for implementation, while financial control is the responsibility of the Directorate-General for Financial Control, the Anti-Fraud Office and the European Court of Auditors.
The last question concerns the amount granted.
Greece has been granted ECU 98 million. The contribution commitment is 80%, rising to an 85% contribution from the initiative for the island regions, especially the remote Greek islands, and a contribution by Greece of 15%.
Mr President, I feel that the guidelines for the Community EQUAL initiative, especially the four actions described in it, will result both in complicated bureaucracy and, paradoxically, a non-transparent structure.
For example, one wonders how a development partnership will prove its cooperative spirit or its representative capacity, as required by action 2 in paragraph 33 of the guidelines.
At the same time, the obligation to engage in transnational cooperation, the complicated demands of the plan and the implementation of a development partnership inevitably require large structures, as these are the only structures which can meet such demands.
However, this contradicts the stated aim of the general objectives for decentralised action plans at the level of local authorities and rural areas.
However, at the same time, participation by those actually discriminated against, such as asylum seekers, immigrants and so on, is rendered impossible or merely symbolic.
Finally, if you consider the overall amount, which is on the small side, - EUR 2.8 billion for 15 Member States - and how ambitious the objectives are, I am afraid that all we shall succeed in doing is to prove that unemployment is a bad thing.
First let me say that it would be a great help to us, now that we have reached the stage where this is being processed by Parliament, if you could make specific proposals which we could take into account.
Secondly, I have to say that the aim of the EQUAL initiative is not to reduce unemployment, it cannot possibly deal with the issue of reducing unemployment, or to support an increase in employment.
That is the job of the European Strategy for Employment and the Social Fund, which have huge sums of money and exceptionally large resources at their disposal, especially for countries like Greece.
The EQUAL initiative has a specific mission. To encourage, to assist promotion, to create statistics, to create studies and agencies to support those sections of the population which suffer discrimination.
So what we are looking for is cooperation between local groups, between local authorities and between countries in order to exchange experiences; that is mainly what we are looking for, and for experience to be transferred from one country to another so that it can be emulated.
This is the philosophy behind the initiative; the budget is commensurate with it and our aim is for development agencies, non-governmental organisations and local authorities to be involved as much as possible, so that it can get as close to the people as possible.
Question No 40 by (H-0808/99):
Subject: Article 13 TEU and Employment The draft Commission Directive establishing a general framework for equal treatment in employment and occupation gives exemption to religious organisations (Art. 4.2).
Could the Commission please tell Parliament the circumstances and the groups within Article 13 (TEU) likely to be effected by such an exemption?
A month ago, the Commission submitted a proposal on equal treatment in employment, as prescribed in the Treaty, in order to implement Article 13.
The ban on discrimination is the rule in the package of directives and programmes which we submitted.
At the Commission' s proposal and after approximately two years of consultation with social agencies, Member States and the European Parliament, a number of exceptions have been made.
These exceptions relate to professions which must be exercised by persons with a genuine professional qualification.
Allow me to give you a specific example to illustrate this.
In a religious school, it is logical for an exemption to be requested and accepted in order to ensure that the teacher is of the faith to which the religious school in question belongs.
That is the sort of exemption we are talking about.
Clearly this is not a general exemption and the different approach which allow Member States to introduce special provisions are only justified in the case of this special professional qualification.
I must stress that this exemption is not a refusal of work for any reason, be it the reason which you mentioned, sexual orientation, ethnic discrimination or any other reason.
It allows a choice to be made only where special qualifications are needed which relate directly to the activity in question. In other words, it is positive discrimination.
In the example which you mentioned, it is only logical that the teacher in a Catholic school should be Catholic.
That is the only form of exemption which is acceptable.
Question No 41 by (H-0813/99):
Subject: Promoting jobs for women in severely less-favoured regions Given the enormous difficulties in obtaining work which women face in certain severely less-favoured regions, and given that these women very seldom have any resources to draw on, in terms of either finance, entrepreneurial or cooperative traditions or even training facilities, living as they do in rural districts where 80% of the population is on the poverty line, what measures or actions are planned to help these women overcome the hurdle of their social environment?
Does the Commission intend to put forward lowest common denominator policies which will properly reflect the admittedly extreme but nonetheless real-life situation of these women, or will their plight once again be overlooked by the new employment policies?
Obviously, the cohesion policy exists for less-favoured regions and cooperation and joint action by the Structural Funds, the Social Fund and the Agricultural Fund exist for the cohesion policy.
I should point out that the funds available for regions with problems account for one third of the total budget.
The aim of these regional policies, which, of course, are implemented under the jointly agreed European guidelines in each Member State, i.e. each Member State is responsible for implementing this programme, is to increase opportunities for work for both men and women.
I should point out that 70% of funding for the period 2000-2006, i.e. EUR 195 billion, will go to the less-favoured regions of Europe.
With particular reference now to the question of access by women to the opportunities which are created, I would like to say, first, that there is, via the Social Fund, an entire equal opportunities pillar which the Member States must implement, i.e. special policies for women which must use Social Fund resources.
Secondly, the LEADER initiative currently being studied gives special priority to development strategies which aim to give special support to women in small enterprises in the agricultural sector and in rural tourism, with a view to increasing the involvement of women in agricultural regions.
Commissioner, thank you for giving me a well-intentioned answer, which has been rigorous and well-argued.
However, I can assure you that we do not, with the existing measures - which you have referred to - reach these severely less-favoured regions.
They are areas where there is much need and we have to put them on an equal footing with those areas where we work in cooperation, where almost none exists.
Therefore, my question is whether you could examine the possibility that some of the policies on microcredits, which have brought results in cooperation, could be applied to those women in severely less-favoured regions, who have the odds stacked against them.
I am very familiar with the programmes which you refer to. I can assure you that we are not reaching the areas where there is most need.
With these forecasts of the structural policy - which I know very well - and the forecasts of LEADER and rural development, we will not promote, as we should, employment amongst women in the severely less-favoured regions.
I would therefore ask you to study the possibility of applying microcredit policies.
We estimate that the Commission' s new social action programme for the next five years will be ready at the end of this summer.
In order to complete the programme and be able to present it, we first need to complete our consultations with Parliament, the social partners and non-governmental organisations.
These discussions have already started, but we will need to take account of the results in Lisbon.
The Lisbon European Council is trying to take a new approach to the question of social exclusion and the link between social exclusion and the information society, economic policy and reforms.
These results will be most important in shaping the Commission' s social programme.
I have already told the European Parliament that a joint meeting will be held in April between Parliament and the Commission, after the Lisbon conference, so that all aspects can be discussed and the social programme for 2000-2006 can finally be drafted.
Clearly, any future social action programme should take account of developments, for example within information technology, and, in time, become a modern social action programme.
But can you also provide confirmation concerning the matter I raise in my question, namely that the programme will be designed in such a way that we shall obtain a concrete timetable for the various types of legislation in the social sphere which the Commission is planning, as well as for those initiatives which the Commission is planning with regard to dialogue between the two sides of industry?
We need to see which concrete alternatives the Commission will adopt during the coming period and which initiatives it will take for the purpose of reaching agreements.
Firstly, I agree with you entirely. Account will be taken of the information society; that was something which I too mentioned.
Social exclusion, the programme for women, the efforts we are making in the social protection area, everything needs to be looked at now in the light of the new reality of the information society.
Secondly, there will obviously be timetables for the initiatives within which systematic monitoring will also have to be implemented.
Where I cannot commit myself is on your reference to legislative work in the social security area which, as you know, is not included in the articles of the Treaty and there is no legal basis for social security questions in the Treaty.
On 26 November 1999, the European Commission approved a package of measures to combat discrimination.
As far as the package in question and people with special needs are concerned, there is a directive which concentrates on combating discrimination, especially in the workplace.
The European Commission believes that this initiative to combat discrimination will help to increase the level of employment of people with special needs and, in the end, to promote the freedom of movement of these persons.
Of course, it is particularly important for people with special needs to have access to means of transport, services and all types of installation if they are to exercise their right to freedom of movement.
The European Commission has approved a proposal for a directive on special arrangements in buses, coaches and other vehicles, so that people with special needs with mobility problems and people using wheelchairs have access to them.
In addition, you should know that, on 4 June 1998, the Council approved the recommendation for a pan-European type of parking permit to be introduced for people with special needs, the aim of which is to help them travel in all Member States with a common permit so that they can take advantage of all organised parking areas throughout Europe.
I would thank the Commissioner for her answer.
My question in the first place concerns the opportunities the disabled have to take advantage of freedom of movement in Europe.
It is quite an expensive business if you are to travel from Gothenburg to somewhere else in Europe on holiday or on a study visit if you are in a wheelchair and also need to have a personal assistant or carer with you in order to manage.
I am grateful for the fact that the Commission has adopted an action plan.
It is of course a prerequisite, however, that there be financial resources and means of actually crossing the borders physically if you have a disability.
It would be interesting to hear whether the Commission is also prepared to set aside financial resources for those who have disabilities, so that they too might venture further out into the world than merely to where their wheelchairs take them.
I referred to the directive which the Commission has proposed on compulsory arrangements for means of public transport, so that people with special needs can use them.
It has not yet been passed by the Council; it is at the consultation stage.
I think that a strategic decision of this sort can be taken at European level.
I think it is exceptionally difficult for us to specialise in aid programmes for personal transport.
That is dealt with either under special programmes in education, for young people, for women and for exchanges or must be a matter for national policy.
Question No 45 by (H-0006/00):
Subject: Compliance with Directive 96/71/EC concerning the posting of workers The posting of workers directive has still not been implemented in Denmark, even though the deadline has passed.
The draft legislation before the Folketing does not contain any rules governing rights of employed persons under collective agreements.
Pursuant to Article 3(8) of the Directive, terms and conditions of employment must be in keeping with the 'collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory'.
However, such use of an agreement outside its specific scope cannot be imposed on the two sides of industry without a legal basis.
There are therefore two possible solutions: either the Directive is inapplicable in Denmark, or Denmark is required by the Directive to introduce universally applicable agreements.
Can the Commission confirm that the Directive concerning the posting of workers is inapplicable in Denmark as far as 'collective agreements ... declared universally applicable' (cf. Article 3(1)) are concerned, given that such universally applicable agreements do not exist under Danish law?
If not, will it explain how the Directive is to be complied with in this area?
The European Union posting of workers directive stipulates that the compulsory rules concerning the terms and conditions of employment applicable in the host country must also apply to workers posted to that country.
What it says it that one of two things may apply, i.e. either the legislation in the host country or the collective agreements which have been declared to be the rules universally applicable to a specific sector.
Because Denmark does not have a system for declaring collective agreements to be universally applicable rules, provision must be made in the implementing legislation so that, apart from current conditions of employment stipulated in legislation, the hours in universally applicable collective agreements, concluded by the most representative organisations, also apply to posted workers.
In other words, to put it simply, Denmark has a choice: it can either introduce legislation or it can use the legislative process to choose a collective agreement and legally activate it.
Discussions are being held between the European Commission and Denmark, and Denmark is expected to notify the Commission of the transposition of this directive into its national legislation.
The deadline by which it had to answer the Commission' s questions expired on 6 December 1999 and we have not received a reply.
We are waiting to see what the next move will be.
Thank you for a very clear answer, the gist of which - if the interpretation is correct - is that the posting of workers directive entails an obligation on the part of the Danish state to establish a system of universally applicable agreements.
It is a very clear answer, but it is also an answer, may I point out, which puts Danish organisations, the Danish Government and the Danish Parliament in a very, very difficult situation politically, for it is a well-known fact that there are a number of basic problems associated with the relationship between the Danish model, which is based quite obviously upon collective agreements, and the Continental model, which presupposes legislation.
The disagreement and the correspondence to which you refer, Commissioner, concern, first and foremost, another directive, namely the working time directive, but now we can foresee another letter of formal notice and further Treaty infringement proceedings looming because the Danish Government does not intend, or has expressly stated that it does not wish, to implement legislation and establish universally applicable agreements.
Firstly, no attempt is being made to change the system in Denmark or in any other country.
As I said earlier, there are always problems interpreting the directives of the European Commission both because they have a very general framework and because systems are very different from one country to another.
As far as your question is concerned, this problem does not only apply to Denmark. It is not only Denmark which has matters pending.
Five countries have transposed this into national legislation and the rest are at the discussion stage.
What now needs to be done, and this was the reason for the consultations and discussions between the Commission and the Danish Government, and with other governments, is to find the best way forward, so that something which is decided at European level by all the Member States, and which constitutes a general framework, can also include workers posted to Denmark from other countries. And this is the direction in which we expect the Danish and the other nine governments to move.
Thank you very much, Commissioner, for your dedication.
You have fulfilled your objective for today, which is to answer all the questions.
We congratulate you.
Since the time allocated to Questions to the Commission has elapsed, Questions 46 to 68 will be replied to in writing.

That concludes Question Time.
(The sitting was suspended at 7.50 p.m. and resumed at 9.00 p.m.)
1997 discharge
The next item is the report (A5-0004/2000) by Mrs van der Laan, on behalf of the Committee on Budgetary Control, on giving discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1997 financial year (Section I - Parliament, II - Council, III - Commission, IV - Court of Justice and V - Court of Auditors) [SEC(1998) 520 - C4-0350/1998, SEC(1998) 522 - C4-0351/1998, SEC(1998) 519 - C4-0352/1999]
The Commissioner, Mrs Schreyer, is not here yet, but I hope, and expect, that she will arrive in the next few minutes.
Nevertheless, I recommend that we start, in the hope that the Commissioner will be able to follow the debate, and particularly the rapporteur' s speech, from her office, if that is where she still is.
Mr President, I am sure that Mrs Schreyer must have a very good reason for not being here because her absence would be inexcusable otherwise.
I would like to start by thanking my colleagues for their cooperation on this report, it would not be what it is today without that spirit of cooperation.
Mr President, early last year, the 1997 discharge was postponed because this Parliament could not possibly grant discharge to a resigning Commission which could not enter into any commitments for the future.
In its resolution, this Parliament stated that discharge could not be granted until we had received serious, far-reaching proposals for reform from the new European Commission.
This report, therefore, appears at a crucial time, on the eve of Mr Kinnock' s reforms.
It is an excellent opportunity for this Parliament to introduce far-reaching reforms to these plans.
In the period leading up to this, it already appeared, on the basis of the initial drafts, that the Commission had made very important pledges.
We asked for a whistle-blower' s regulation, and this is now in place.
Parliament wanted financial inspection and audit functions to be separated. This has now been done.
Parliament requires a code of conduct for Commissioners and Cabinets. This is in place too.
Parliament asked the Commission to waive its excessive privileges. It did this as well.
The Commission has also entered into commitments to cooperate with Parliament in terms of SEM 2000.
Fundamental changes will also be considered for the technical assistance offices.
These are sound, first steps which illustrate that, if this Parliament so wishes, changes are not only possible but can also be translated into action quickly.
We want more than that, however.
The Commission should now produce an ambitious and far-reaching reform programme.
This is not only necessary for proper public administration, it is a conditio sine qua non of regaining the trust of the European citizen.
We now demand from the European Commission clear pledges concerning the following points.
Firstly, Parliament must have complete access to all Commission documents.
This, however, presupposes that we set up an internal scheme quickly in order to be able to guarantee the confidentiality of sensitive documents.
In the context of providing information, I would like to draw the Commission' s attention to the fact that we are very concerned about the present draft plans on public access to documents.
If the current draft is correct, then this is a huge step backwards in comparison to today.
We must put an end to the situation in which financially powerful organisations with representation in Brussels are able to access information whilst the ordinary citizen is not.
Neither can we tolerate a situation in which a public body holds the copyright to public documents.
We would also like a clear job description for each European official so that an official with conscientious objections can more easily object to tasks which are unethical or unlawful.
Furthermore, it should be the case that, if the Court of Auditors detects a mistake not just one year but two years running, the management should be held responsible for it, and this will have an effect on chances of promotion.
Ultimately, we also need to achieve better cooperation, of course, between the European Court of Auditors and its national counterparts.
This Parliament has also asked the Commission to give an initial outline of the external aid policy reforms on 31 March of this year.
It should no longer be the case that, although Europe is an economic power, we have no political influence because, when the chips are down, we cannot offer effective aid to areas which desperately need it.
I would quote Gaza as an example.
It is unacceptable that the Commission completed the construction of a hospital in 1996 and that, as yet, it has been left unused.
Mr President, since 1996, the discharge has acquired a heavy, political significance.
It is one of the most powerful weapons Parliament has and must therefore be deployed with care.
This is why we will most probably grant the discharge tomorrow.
However, we are not surrendering this weapon without placing a time bomb in its place.
Indeed, the 1999 discharge will not be given until all financial irregularities highlighted by the Court of Auditors have been cleared up.
Finally, this discharge report is naturally addressed to the Commission.
But this does not detract from the fact that the European Parliament should also put its own house in order.
As long as we have no status, we are not credible as a force for reforming the Union.
The reforms of the European institutions are necessary in order to be able to continue Europe' s development process.
We cannot have a decisive and fair Europe unless it is also open and democratic.
All institutions must now join forces in order to work together towards building this type of Europe.
Mr President, the Committee on Industry decided to go ahead and draw up a report on the discharge for 1997 although we were not specifically asked to do so.
We went ahead because we felt we should start this Parliament in the way in which we mean to go on, that is, by making sure that we take good care of taxpayers' money in Europe.
During the course of our work on this report it became clear that there are persistent problems in the spending areas under the control of our budget. They were not unique to 1997 and two strands seem to run through them.
The first is a tendency for the Commission to embark on very ambitious programmes, particularly in third countries, without sufficient assessment of the practicalities of implementation and proper resourcing. The second involves serious managerial shortcomings in the Commission, in particular in relation to coordination across departments and management of external contracts.
I know that all the Institutions bear some responsibility for the increasing workload of the Commission and for some of the lack of resources. That cannot excuse everything that we came across.
Citizens of Europe expect the European institutions to be properly managed and they are right to do so.
That is why I want to echo the comments from my colleague about the importance of the reform process which has been promised to the people of Europe by Mr Prodi and Mr Kinnock.
From what I have seen of the reform process, it looks good.
I saw some of Mr Kinnock's papers today, I heard some of what he had to say. I have every confidence that if we and the politicians of Europe support him we will see the kind of reform we need.
But we need that reform process.
Many of the general points raised in our committee's report have been covered in Mrs van der Laan's report.
It is an excellent report and we should all congratulate her on it.
It seems to hit on all the right points without just being like some of the old reports, a series of details.
It groups them together and that is very important.
There are two issues I would like to draw your attention to. One is nuclear safety in Eastern Europe.
We have to get this right.
The Committee of Independent Experts said the Commission was not managing this properly. We have to remedy that.
The second point is about scrutiny mechanisms.
We need from the Commission material we can use to help us scrutinise spending.
We need proper information, given in a proper way and we all have to take this whole process a lot more seriously than in the past.
It has been seen as a bureaucratic process to be done as quickly as possible in as little time as possible.
I hope colleagues in this House will support the grounds for discharge for 1997 and, at the same time, that the Commission will push ahead with the reform process which is long overdue.
Only in this way can we create a new culture in the Commission and at the same time get public confidence restored.
Mr President, I am sure the Commission will be relieved to hear that the 97 discharge is unlikely to have the same impact as the 96 discharge which, as you are all so very well aware, led to the forced resignation of the Santer Commission.
The Socialist Group will be voting to grant discharge. I am sure you will be relieved to hear that as well.
But that is not to say that we are satisfied, and that everything in the garden is rosy.
It is clear that a radical overhaul of the Commission is long overdue. It indicates, however, that we acknowledge that steps are being made in the right direction.
I just want to outline some of the issues that we, as Socialists, have put down as amendments. We hope these will be carried because they are important in the way that they will impact on future reform.
First of all, the immunity of officials: this should be lifted if and when requested by a national prosecutor.
We need to make it much easier to prosecute officials who are guilty of fraud and corruption.
It is critical to note that the Commission has too often failed to act on the reforms recommended by the Court of Auditors.
The Court's report is there for a reason, our response to it is there for a reason and it is important that it is followed through.
I have just heard now that an audit progress board is going to be set up by the Commission.
Even if we hear nothing else, we know that is going in the right direction in terms of the reforms that we want to see.
Too often we have put forward recommendations and they have not been acted upon even though you have said very often that you will act on them.
We want to see that follow-through to a much greater extent in future.
The other issue is access to confidential documents.
We have had problems in the past in terms of our responsibility in carrying out discharge because we have not had access to the documents we should have had.
We understand that we also have a responsibility here, that if we are given documents we must ensure that confidential documents will indeed be kept confidential.
We have put down an amendment to that effect.
One issue which is referred to in the van der Laan report is the whole question of the Gaza hospital.
The situation there is totally unacceptable. We will not put up with it for much longer and we are looking for immediate action on that issue.
I would like to congratulate Lousewies van der Laan.
I do not usually bother congratulating people but I think she has produced a very cogent report and deserves our thanks.
Mr President, Commissioner, if we are honest, we find ourselves in a somewhat unusual situation.
We are discussing last year' s discharge, but also the Commission' s responsibility.
I would like to raise the problems which are still piled up high on our desks.
The assessment of whether or not the discharge will be granted also depends to some extent on where the emphasis is placed.
It is about a Commission which is no more.
There is now a new Commission.
Then it is logical to grant discharge, because how can the current Commissioner be blamed where 1997 is concerned?
The problems remain and this gives rise to doubts.
We have to take a decision now regarding the Commission' s good intentions, but there is still no structural outline for these good intentions.
Mr Kinnock will present his proposal next month.
We are all very much anticipating this, but the facts are still missing at this time when we already have to decide whether or not to grant discharge.
It is clearly a dilemma with which the rapporteur has also struggled. This dilemma stretches beyond the areas which I have already listed.
Take, for example, the pledges made by the Commission. They look good in themselves.
I have read a few documents written by Mr Kinnock and we have every confidence in them.
But I will give two examples from which it is not as evident that the good intentions which the Commission has now expressed will lead to a good outcome: the public nature and confidentiality of documents.
The previous speaker already said something about this.
A document is circulating at the moment - not at a low level, but at a high level within the Commission - which, instead of enhancing the public nature of documents, is having the opposite effect.
This is an illustration of empty pledges not necessarily leading to good results.
This also applies to whistle-blowers.
Mr Kinnock has also devoted some fine-sounding phrases to this subject but, at the same time, it is entirely unclear, at this moment when we have to make a decision, what, for example, happens with whistle-blowers who want to get something off their chest and cannot do this internally but who want to address the outside world - the press or Parliament.
We have still not had a response to crucial questions of this type.
So there is doubt as to whether these pledges of the Commission contain enough substance at this crucial time when decisions need to be made.
This also applies, for example, to the very real projects which the Committee on Industry has introduced.
In my opinion, the Commission and Mr Kinnock should come with good intentions and with sound plans on personnel policy and financial management, but each Commissioner who is now responsible for an area which has had serious shortcomings in the past should come with sound plans in order to improve the situation and not with general, empty proposals.
At the moment, our group still feels sympathy for, and patience with, the Commission because it cannot be held responsible for a large proportion of the mistakes made in the past, but this patience has a limit. Clear progress must be visible.
At present, we trust that the Commission will produce these sound proposals, but it is not a foregone conclusion that it will do so.
Finally, Mr President, the 1996 discharge was the beginning of the end of the last Commission.
I express the hope that - in fact, I urge the present Commission to ensure that - the 1997 discharge is the beginning of a true reform of financial policy by the Commission. Otherwise this discharge will not have been of any value.
In assessing the question of whether or not to grant the Commission discharge, the decision must be based upon what actually occurred during the financial year concerned, in this case in the course of 1997.
In our Group, we find it hard to see how the financial administration for 1997 was in any crucial way better than that for 1996.
In that year, we voted against granting discharge. As a result, we shall vote against granting discharge for 1997, too.
We think that this picture of ours is confirmed by the examination carried out by the Court of Auditors.
It is both good and necessary that reforms have been promised.
So far, the promises which have been made are still, however, to be fulfilled, especially where transparency is concerned.
We are therefore going to vote in favour of the demands for reforms which are presented in the resolution, but against the granting of discharge.
Mr President, first of all, I have only positive comments to make on Mrs Van der Laan' s very expert work on this report.
The Union for a Europe of Nations Group cannot vote for approving the accounts for 1997.
The report on so-called discharge contains a comprehensive and extremely critical survey of the accounts.
We support these critical remarks, and I must therefore state that it would seem quite absurd, against this background, to vote in favour of approving the accounts.
It has not been possible for the Court of Auditors to issue an auditor' s statement to the effect that the arrangements covered by the accounts are lawful, and we should regard it as extremely problematic if we, as Members of this Parliament, were to vote in favour of accounts without having any guarantee of the legality of the arrangements concerned.
The majority have made their approval of the accounts conditional upon the new Commission' s implementing a series of reforms, so as to ensure that what we are familiar with from the previous Commission' s period of office is not repeated.
Again, I must say that we are concerned here with an extremely unfortunate confusion of the old Commission' s accountability for 1997 and the new Commission' s accountability for the future.
We do not think that the new Commission, under any circumstances, could incur liability for the past.
We think it is wrong to talk about the Commission' s liability as an institution.
The mistakes up until 1999 are attributable to those who had responsibility at that time, and we still have no way of knowing whether the new Commission can do any better.
By means of this extraordinary procedure, Parliament is stopping itself from placing liability for the arrangements in 1997 squarely where it belongs, namely with the previous Commission.
It was the 1996 accounts which led to the downfall of the previous Commission, and the 1997 accounts are just as incriminating.
There is no reason why, against this background, we should agree to grant discharge.
As far as the decision to balance the accounts is concerned, we shall abstain from voting, and where, finally, the motion for a resolution is concerned, we shall attach most importance to the many correct instructions contained in this and vote in favour of it.
Mr President, the decision relating to discharge for the 1997 financial year was postponed because the erstwhile Commission, to whom it was to be granted, had stepped down before the appointed time and was only continuing in office in a caretaker capacity.
Mrs van der Laan' s report - on which she has lavished a great deal of hard work, and for which we are indebted to her - proposes that we should grant discharge to the Commission for 1997.
One might ask how it is that the current Commission is to receive the discharge for its predecessor' s budgetary management - Mr Camre just mentioned this - particularly as the discharge for the previous year, 1996, was denied.
That is just the way things are, however. In taking over the mandate, the new Commission has to assume responsibility not just for the achievements of the past but also for the mistakes made.
Since, on account of the college system, discharge can only be granted to the Commission as a whole or, alternatively, denied or postponed, it is no longer of any consequence that four former Commissioners who belonged to the previous Commission that has yet to be discharged, crop up again as Members of this body.
This question ought to have been asked when the new Commission was appointed.
If Parliament votes in favour of the Committee on Budgetary Control' s proposal this week and grants discharge, then the Commission must not take this to be a blank cheque.
For it is the third section of Mrs van der Laan' s report that is the most important, to my mind, namely the motion for a resolution. The comments contained within, under eight headings, are an integral part of the discharge, the implementation of which forms the basis of our decision.
In the course of the discharge procedure for the coming years - that for 1998 is already under way - Parliament will have to examine, as a matter of urgency, whether or not it was too quick to bestow premature praise on the Commission for 1997.
We will be in a position to judge just as soon as the Commission presents its reform programme.
We will be able to use the discharge procedure for 1998 to check whether efficiency, transparency and accountability, and likewise a sincere willingness to provide information, are being displayed vis-à-vis the discharge authority.
Mr President, we all recall that Parliament decided to postpone the discharge for the 1997 financial year pending commitments from the new European Commission regarding internal reform.
In response to this the Commission has entered into various commitments and has certainly adopted many reform measures.
It is fair to say that the new President, Mr Prodi, and his team are certainly committed to implementing the financial control requirements as laid down by this Parliament.
However, the reform of the European Commission must now be taken in the context of the debate that is going to take place in the run-up to the forthcoming Intergovernmental Conference and the reform of various EU policies and initiatives.
Existing EU treaties will be amended so as to ensure, for example, that the enlargement process can succeed.
I have no doubt further reform of EU institutions will be analysed in this debate. But from the perspective of small Member States it is important that, as the European Commission is reformed, it must be done in a way that ensures that small Member States continue to have representation on the Commission.
Mr President, the Commission is now to obtain its discharge for 1997, but in reality it does not deserve it.
1997 was a matter for the old Commission and, therefore, the new Commission does not think that it can accept liability.
It is true that implementation of the Budget for 1997 fell within the old Commission' s remit.
The new Commission has, on the other hand, undertaken to carry out a cleaning up exercise following former scandals, and I must admit that I am not impressed at all.
The old mindset which involved sweeping things under the carpet and protecting one' s friends unfortunately still exists.
There are some who think that it is more in our interests to let bygones be bygones and make a fresh start.
I do not, however, think we can make a fresh start if we do not tidy things up properly.
I am referring here especially to the earlier scandals involving ECHO.
I am very indignant about the fact that it is so difficult to get any documents handed over on this matter.
I am the rapporteur for ECHO on the Committee on Budgetary Control, and I shall have a lot of difficulty carrying out my work if the Commission will not give me the necessary information.
From the outside, it looks as if the Commission has something to hide.
My investigations also unfortunately suggest that this could be the case.
The Commission is not putting all its cards on the table and is in that way repeating ancient practice on the part of the Commission. It was this practice which led to the Commission' s downfall.
I can therefore fully support the demand to give Parliament unconditional right of access to documents. Otherwise, we cannot carry out our work.
Thank you, Commissioner Schreyer.
The debate is closed.
The vote will take place tomorrow at 12 p.m.
Response to Second Report of Committee of Independent Experts
The next item is the report (A5-0001/2000) by Mr van Hulten, on behalf of the Committee on Budgetary Control, on action to be taken on the second report of the Committee of Independent Experts on reform of the Commission.
Mr President, this time last year the European Parliament set up a committee of independent experts chaired by Mr Middelhoek to investigate allegations of fraud, nepotism and corruption in the European Commission.
On 15 March the committee published its first report concluding that: "It is becoming difficult to find anyone who has even the slightest sense of responsibility".
Within a few hours of the presentation of the report President Santer announced the resignation of his entire team.
The resignation marked the end of a bitter struggle between an increasingly confident Parliament and a European Commission mired in allegations of scandal.
Since then the Brussels landscape has changed beyond recognition; a new, reinvigorated Parliament has been elected and a new Commission confirmed in office.
Speaking in this House on 21 July President-designate Prodi undertook to take full account of the second report of the Committee of Independent Experts on Commission reform, which contains 90 detailed recommendations and which we are debating today.
The new Commission has already taken important steps to move away from the way it used to function.
A code of conduct for Commissioners and their private offices has been adopted. In a symbolic but significant gesture Commissioners have voluntarily renounced their entitlement to the tax-free purchase of alcohol, tobacco, petrol and consumer goods.
New rules have been drawn up and implemented governing the appointment of senior officials. The number of departments has been reduced.
The Commission, in my opinion, has shown a clear and unprecedented commitment to change and for this they are to be congratulated.
The overall aim of the reforms must be to create a strong, honest European public administration equipped to carry out its tasks in an effective and efficient manner; an administration in which officials are provided with the means to carry out their tasks and are held fully accountable at all levels; an administration that recognises and rewards merit and encourages officials to develop their full potential.
In order to achieve this, action is required in four areas.
First, financial management and control within the Commission must be improved.
One of the main problems is the lack of a functioning system of financial control.
The Commission's DGs must be made fully responsible for their own expenditure, including financial control.
A new independent audit system service must be set up. DGs must publish their own annual accounts so as to enable a clear identification of problem areas and set annual targets for reducing fraud and irregularities.
In return for this greater degree of autonomy, managers must be made fully and personally responsible for their actions.
It is clear that the transition to such a new system will take time.
Changes to the Financial Regulation will be required and Parliament must have its say on those changes.
But while the Commission must ensure that it respects the Treaty and the Financial Regulation in the transitional phase, this must not be an excuse for inertia. Urgent change is required today.
Second, the fight against fraud, mismanagement and nepotism must be strengthened, firstly by creating a culture in which they cannot thrive.
This requires a clear example to be set by Commissioners and senior staff as well as adequate training and secondly, by reinforcing the existing mechanisms for dealing with fraud.
OLAF, the Commission agency set up earlier this year must be placed under the direction of an independent European public prosecutor whose job will be to prepare for prosecution by national criminal courts, criminal offences committed against the financial interests of the Union by Members and officials of the European institutions.
A proposal can be made, a proposal should be made, on the basis of Article 280 of the Treaty, by the middle of this year.
Third, standards in European public life must be upheld.
The political crisis which led to the downfall of the Commission earlier this year clearly demonstrated the need for unambiguous and enforceable rules of conduct.
A number of codes have since been introduced.
They must be assessed by Parliament and should be made legally binding.
The European institutions should follow the example of a number of countries, most notably the United Kingdom, and institute a committee for standards in public life, with a mandate to give advice on professional ethics and rules of conduct in the European institutions. Whistle-blowers who act in good faith must be protected.
At the end of last year Mr Kinnock announced new measures for the protection of whistle-blowers. They must be implemented without delay.
Although such measures can never be an alternative for good management, they must be an escape valve when something goes wrong.
Crucially, reforms must not be limited to the Commission. Parliament must consider itself the need for improvements to its internal rules, administrative procedures and management practices.
Finally, the Commission's human resource policy must be modernised. It is clearly no longer suited to the requirements of a modern, multinational organisation.
The social dialogue has often acted as a brake on reform and its overhaul is long overdue.
A career with the European institutions must become more attractive.
Too many young, new officials are leaving their jobs after just a few years.
Merit must be recognised and rewarded, specific skills training should be a sine qua non for promotion to a higher grade.
The promotions procedure must be made fairer and more transparent.
Last but not least the pay and benefits package must be reviewed.
It must become more flexible and more responsible to labour market conditions.
It must be rid of some of its more outdated elements; and it must deal with the legitimate concerns of the general public who cannot understand why European civil servants should be paid an expatriation allowance indefinitely in a Europe of open borders, or pay a level of taxes that is often well below that of Member States.
Commissioner Kinnock will, tomorrow, present his communication on reform.
This communication must contain a clear timetable.
With a new Commission and a new Parliament up and running the momentum for reform is now as strong as it ever has been and probably ever will be.
Enlargement of the Union is just a few years away. Now is the time for Europe to put its own house in order; to instil in its institutions - as the independent experts might have said - a sense of responsibility.
In June of last year Europe's voters gave a clear signal that they are fed up with endless stories about mismanagement and nepotism.
There is a very simple way to deal with those stories. Let us get rid of mismanagement and nepotism.
Mr President, I do not want to be misunderstood - I sincerely hope this does not happen - and I should therefore like to start by saying that I am, of course, in favour of combating fraud and firmly support the appropriate, necessary reforms.
This is not a straightforward issue and calls for a much more wide-ranging analysis, but I shall restrict myself to raising only a few points, in order to make people more aware, if possible, of what we are talking about.
All the experts can provide information and news, formulate opinions and give advice, but, they have no political or elective responsibility, and rightly so.
I nevertheless believe that politicians should look into what can be gleaned from an expert report and what cannot be taken en masse in a spirit which, on some occasions, I have felt in the past and still feel to be self-destructive.
I believe - and I shall only pick up on a few ideas - that Parliament alone, and no one else, can exert an influence over its Members. If this were not the case, the European Parliament' s authority and representativeness would be seriously undermined in the coming years, and this institution would not move forward, as it should.
It is just as important for no-one to be able to or have to refuse the European Parliament or its committees any documentation.
Members of Parliament must possess the qualities of morality, discipline and discretion over delegated issues innately, and these certainly cannot be imposed on them by anyone else.
I would point out that there is no European legal system, but that a different legal system exists in each Member State.
We run the risk of delegating issues relating to the same offences which will then be punished in different ways.
I agree that an investigation system should be introduced, but I am also absolutely convinced that we must recognise the right to equal respect for dignity and, in any case, the equal need for the right to a defence.
I am opposed to European Community officials being accused of criminal acts at the drop of a hat: whistle-blowing is a method that has no place in the third millennium.
In conclusion, Mr President, Parliament must introduce a principle of democracy: we must implement reforms which allow Parliament to grow and expand its powers, not go into reverse.
This debate on the van Hulten report brings to a close one of the most traumatic periods for the European institutions since their creation in 1957.
The refusal of the European Parliament to grant discharge and the definitive refusal for the 1996 budget; the motion of censure tabled in this House a year ago for differing reasons; and the first report of the Committee of Independent Experts on the reform of the Commission which led to the mass resignation of the Commission itself, are now part of European folklore.
Those of us involved in these historic events are well aware that none of the upheaval would have been caused had we not acted with parliamentary power to press for changes in the way in which the Commission operated.
Remember that the Council of Ministers, absent again this evening from our debate, approved the 1997 discharge - not the 1996 - on the very day the Commission itself resigned on 15 March.
Now we come to the second report of the Committee of Independent Experts which we already had the opportunity to welcome and briefly debate last September.
Our greatest concern in the EPP is to ensure that public confidence in the European Commission is restored.
Further steps to build a strong Europe will be to no avail if the European peoples perceive that there is no adequate system of democratic accountability for over-zealous officials.
Under no circumstances will we concede ground which we have won over the past few months, which we believe to be in the interests of openness and transparency.
We are therefore concerned to see the flurry of Commission announcements in recent weeks by Commissioner Kinnock suggesting policy proposals of various kinds to be put in a White Paper shortly.
While conveying a desire to proceed rapidly, it also gives the impression that the Commission is in transmission rather than listening mode.
Our concern is strengthened if the rumour reported a few days ago is true - namely that the Commission wants to limit severely the access of Parliament to information.
This was, after all, one of the causes of the downfall of the last Commission. Have the lessons not been learnt?
The knowledge that the framework relations between the European Parliament and the European Commission still remain to be negotiated led to our disagreement with the rapporteur when we debated his report in committee.
We could, in no way, agree with his view that it would be demeaning for Parliament to set out detailed instructions as to what we wanted the Commission to take up in its reform package.
The less precise, Mr van Hulten, we are in our resolutions, the more room it gives the Commission and your former colleagues in the Council to do what they like.
We believe the vast number of recommendations of the Wise Men' s report should be implemented.
We have, as the EPP-ED group, submitted all the recommendations of the Wise Men' s report in committee and many of them have now been put into the report, entirely changing the nature of the van Hulten report in committee.
We have resubmitted a few amendments which fell in committee, in particular, our desire to see the codes of conduct revised specifically to include the reference to merit and managerial capacity which you, Commissioner, accepted - when we had our hearings last September - should be included in these codes of conduct, particularly when considering appointments and promotion.
Looking to the future, we know that we are at the beginning of a long process of continuing reform in the European Commission.
We want in particular to see the hard-working and highly competent norm for Commission officials acknowledged in the outside world - a reputation that has been darkened by the inappropriate conduct of a few individuals.
Commissioner, you will be aware from your presence in the last Commission why the crisis occurred. In a nutshell: there were programmes being run for which there were insufficient staff resources available.
We urge you to take the opportunity to establish the real staffing needs of the Commission based on the essential activities for which it is responsible.
Our position was made very clear on this topic in the 2000 budget.
We will be vigilant over the next five years to ensure the reforms now being suggested are fully implemented and will support efforts made to modernise institutions.
But, equally, we will not hesitate to withdraw our support financially or otherwise should steps be taken which do not correspond to the openness promised by Commission President Romano Prodi prior to his nomination.
Let us hope that we can avoid institutional upheavals by having an ongoing dialogue which assumes from the outset that Parliament will be an equal partner in deciding the outcome of Commission reform.
Mr President, I must start by apologising that I cannot be nearly as dramatic as Mr Elles in my presentation. Can I first thank Mr van Hulten for this report.
It is an excellent report. It would have been wrong for Parliament to have put in willy nilly every single recommendation that came from an external body because Parliament should have its own opinion on these issues.
It is right for us to have a focused report which is what Mr van Hulten has produced.
Can I invite Mr Elles not to put the cart before the horse. Yes, a lot of things were lost by the Socialists but they have not been won in plenary yet, and may I warn him that may not be the case tomorrow.
I should like to thank Commissioner Kinnock for all his efforts so far.
He has been clear that his commitment has been to produce a radical change. Central to this is the attempt to produce and engender responsibility.
It is clear that this needs to be developed at all levels and it needs to recognise the needs of each level within the Commission.
It is clear that we need to see a change in the Financial Regulation.
That is important. We need to stop people passing the buck from one to another.
Where failure is occurring within the Commission we need to hold people responsible. We need to be assured that consistent under-performance must lead to dismissal.
This is natural elsewhere but it seems to be an extremely radical suggestion when it is put to the Commission.
We cannot continue with a situation where incompetence, mismanagement and fraud are costing the European taxpayers money and providing them with a poor service.
I will give you one example of this. In the 1998 Court of Auditors report an exchange rate miscalculation in relation to Italian wine cost the taxpayers of Europe GBP 8 to 10 million.
It is clear that is not acceptable. What happened to the person who was responsible for that miscalculation?
We need a system which provides incentives and promotion and we need to see this promotion based on merit.
We recognise that most of the officials within the Commission are extremely hard-working. But we also recognise that some of the practices are outdated.
We look forward to reading the full Commission proposal on reform and we look forward to working out the detail alongside the Commission because, unlike what Mr Elles has just said, the Commissioner has made a commitment to discuss it with Parliament between now and 1 March.
We also need to recognise that people who live in glasshouses should not throw stones.
The European Parliament has not exactly been clean in its approach to things throughout its history.
We have a long way to go before we are perfect ourselves.
Our own staff policy is outdated. Some of our working practices need radical reform.
I hope that the European Parliament will be hanging onto the coattails of the Commission in this reform process.
We recognise the proposals on activity-based budgeting. We recognise that means discipline on the part of Commission officials and we recognise also that we have a responsibility within Parliament on discipline when we talk about negative priorities.
Finally, can I say that the Commission needs to work on its relationships with the public.
European taxpayers need to be re-assured.
The fate of the Commission, of the whole European Union, rests on delivery of this reform.
That is the key issue, delivery of these proposals.
Mr President, I would like to start by extending my compliments to the rapporteur, Mr van Hulten, on his first report.
I very much admire him for keeping his spirits up at a time when he was inundated with so many amendments.
I think that the report drawn up by the Wise Men has been useful and I think that it is also useful for this Parliament - as already stated by Mrs Morgan - that we ourselves should ask for expertise from outside for once to see how our administration is run.
We have submitted an amendment to this effect.
From the many points made by Mr van Hulten in his report, I would like to highlight a few, not necessarily in order of importance but just randomly.
Firstly, I think that the Commission should pay much more attention to the proper storage of documents.
The Commission' s records leave a great deal to be desired.
We noticed this when we had to investigate the Flechard affair, which, as it happens, has still not been sorted out.
Curiously, very important documents had gone missing from the cabinets, even from those of the President and of various Directorates-General, and this is clearly something which should not happen.
If Parliament want to carry out proper inspections, these documents must be available, and I would like to know what the Commission intends to do to improve this situation.
I would also like to say a few words about ex post financial control.
This has also been partly dealt with in the van Hulten report.
I think it would be useful if we were to give report figures per category and per sector on how the budget is implemented.
The general impression at present is that anything budget-related within Europe is bad.
It is clear that, over the past couple of years, we have noticed an upward trend in agriculture and a downward one in structural expenditure.
Is this possible?
I would like to suggest to the Commission that it prescribe a deadline by which the reforms have to be carried out.
If we admit new Member States then we need to put our own House in order first.
Mr President, I would firstly like to thank Mr van Hulten. It is his first report here in plenary.
This is worth a compliment although I regret, of course, that he did not expound it in his own mother tongue.
It is a report which came about with difficulty and may well be too late.
In my opinion, this is mainly down to the wrangling between the two major groups within our Committee on Budgetary Control.
Let us be honest. The second report of the Wise Men arrived in September.
We are now four months down the line. Meanwhile, Mr van Hulten has been inundated with amendments, more than 100 amendments in the first round.
He went back to work, rewrote his report and took into account the very many suggestions, but had to face nearly another 100 amendments in the second round.
My fear is that all of this has contributed to a report which is too detailed, too extensive and too late.
Moreover, I have been informed that the Commission has approved a report - today of all days - on the reform of the Commission which will be distributed for further consultation to the various institutions and also to our Parliament, I hope.
Might Mr Kinnock be able to throw some light on the matter this evening?
Mr van Hulten, my Group of the Greens and regionalists will support the attempts in tomorrow afternoon' s plenary meeting to embellish this report.
After all, it makes no sense to copy the many sound recommendations made by the Committee of Wise Men word for word in your report.
So tomorrow, if we vote against some amendments or against specific paragraphs, this is certainly not on account of their content but rather to render your report as a whole more readable.
In any case, it should be clear that my group, of course, fully backs the recommendations made by the Committee of Wise Men.
In any event, I look forward to the document which was approved by the Commission today. I also look forward to the White Paper which will be available in February.
I have to inform you, Commissioner, that both the report of the Wise Men and that of Mr van Hulten will become gauges for our group, gauges which should make it clear to us whether we can have confidence in the Prodi Commission or not.
I would like to end on the following point.
Just as the White Paper on food safety was approved last week and released to public opinion with a clear deadline stated, we would request the same in connection with the new White Paper on the reform of the Commission.
I think that there is a need for this, as public opinion is looking for change and, in any event, my group would like to see a clear change by the end of 2002.
Mr President, this report is positive but, actually, we need more than this.
Fraud, mismanagement and nepotism do not come from nowhere.
They are most likely to occur if there is little democratic control on cash flow.
Via the structural funds, a great deal of the European budget is being pumped around the system.
This is only useful as long as there is a sense of solidarity where rich Member States contribute to both the revenue and development of poorer Member States.
But there is also funding which is being pumped via Brussels back to the same rich Member States.
Districts and regional authorities consider this as their own money but they can only get their hands on this by investing vast amounts of money and manpower in lobbying and negotiating.
After each incident of improper use of this money, and certainly after fraud, the call for stricter control is more pronounced.
Even the strictest control cannot solve this problem.
It will, at best, lead to more bureaucracy and less room for local democracy and for people to get involved in choosing and developing projects.
It would be preferable if national governments channelled this money directly to their local governments without a European detour.
In the next couple of years, we will need to think about the possibility of replacing structural funds by an equalisation fund which is limited to budgetary aid for Member States or their constituent regions with a low income per capita of the population.
This is probably the only way to achieve less fraud, less overheads, more transparency and more democracy.
Mr President, a year has not yet passed, but it is already clear that Parliament is going to evaluate the first and second reports differently.
The first report was widely publicised, formally debated and used - just like the controversy and news leaks which preceded it - to make mincemeat, first of the President of the Commission, and then of the majority of the European Commissioners, even though they had no connection with fraud, mismanagement or nepotism.
Reading now what happened then, not even a year ago, it becomes clear that that first report was intended to do anything but serve the cause of truth or reform, as is maintained today, so much so that this second report - which, on the other hand, could have provided much more salient points - was commissioned with the precise mandate not to address specific cases, since there is no intention to follow up the offences detailed in this report.
It is of no concern to the major groups in Parliament, nor to the majority of the trade unions, who are busy discussing the defence of European public administration, but, in practice, are occupied with the corporate protection of their own members, putting the wide powers afforded to them to dubious use.
Trade union representatives sit on the Disciplinary Board and the Staff Regulations Committee, thereby making it impossible to remove disloyal officials and preserving the Staff Regulations in their fossilised state.
Incomprehensibly, trade union representatives are also members of committees on competition, and I would not be surprised if union members were already members of OLAF, thereby placing this institution which should, at least formally, guarantee its impartiality, at great risk.
I therefore understand why we are meeting at this time, which is usually set aside for other activities and not for debates, discussions and the exchange of information.
Mr President, when it comes to putting its own house in order, the European Commission is in a Catch-22 situation.
There is enormous pressure of expectation following the events that led to the resignation of the previous Commission.
I sometimes have the impression that the more radical the proposals made here in this Chamber sound, the more applause they receive.
There again, it is simply not possible to change situations once and for all with a few strokes of the pen, and the problems begin as soon as we have to start talking about implementation and getting down to brass tacks.
This may explain why we experienced more difficulties than anticipated in the Committee on Budgetary Control as regards this issue. Nevertheless, the outcome is now on the table and there for all to see, and I would expressly like to thank Mr van Hulten for the work he has done on this report.
Provided this report is not watered-down yet again by the adoption of amendments, it will afford us the opportunity to make clear and unambiguous demands of the Commission on a number of crucial points.
Allow me to start with the most important demand. We do not want financial control to be abolished.
The financial controller should still be able to make checks before funding commitments or payments are made, not in every case, but wherever uncertainties or risks arise.
The Commission is sending out the wrong signals here, by renaming the Directorate-General for Financial Control as the Directorate-General for Audits, for example. It may well be easy enough to change the Commission' s organisation chart but it is a different matter when it comes to the legal texts, particularly those relating to budgetary discipline.
I do not have exact figures, but the Community' s budgetary discipline and the associated implementing provisions apply to almost 100 different areas of responsibility of the financial controller, to his or her independence and the tasks assigned to this office.
This cannot be ignored or evaded, certainly not on account of soft law, as was once suggested at a meeting of our Committee.
Irrespective of such legal considerations, it would be an unforgivable mistake, under the circumstances, to scrap financial control in the traditional sense at the very moment when those responsible for such matters in the Commission are, at long last, no longer out on a limb but set to become part of a chain of functioning supervisory and investigatory mechanisms.
As we see it, there will be a dovetailing of three mechanisms in the future: a system of independent prior approval by the financial controller, concomitant and follow-up control by the internal audit service - also known as the audit service - which has yet to be set up, and finally, there will be the targeted tracking-down of irregularities by OLAF, the new anti-fraud office.
It is to be welcomed that Mr van Hulten' s report makes the connection between all three areas and also makes it clear as to where the crucial shortcomings lie, which must be tackled.
A few salient points: the disciplinary procedures are not taking effect, especially when it comes to calling officials to account for their misdemeanours, including those of a financial nature. There is a large grey area and a great lack of clarity where criminal sanctions are concerned, and it is precisely in this area that the announcements made by the Commission are rather vague.
I can only emphasise that these are the really hard nuts that finally need to be cracked.
Mr President, firstly I would like to extend my heartfelt congratulations to my colleague, Mr van Hulten.
It is a good feeling to be able to say that he is from our delegation and I am, I think, entitled to feel a little proud of him.
I would in any case like to congratulate him on his report.
Mr President, the Commission' s resignation has also created a culture of fear amongst many officials within the hierarchy and large bureaucracy.
The call to make a cultural U-turn and embrace a culture of responsibility seems to me a very fundamental one.
I have witnessed from close up within the Development Committee how thousands of projects stagnate and how sometimes up to 80% of the money is not spent. Sometimes, an enormous reservoir of money is created, not because it is not desperately needed, not because there are no sound proposals, but because the whole system has collapsed.
A lack of responsibility, too much ex ante, not enough ex post and, as a result, far too little in the way of a culture of real effective spending.
It would be marvellous if this report were to give the green light to result-oriented spending of this kind, with all the work organised on that basis.
When the Commission' s first draft report soon becomes the official report on 1 March, I very much hope that our input here will help ensure that we will actually witness this change.
Without any doubt, this will then be a service, Mr President, to the European public and, by means of the results we produce, we will also regain and re-acquire something which we have ostensibly lost over the past couple of years.
This is the best support we can give to European democracy.
If, in this way, we can move away from the culture of the fifties and cross over into the next century, we are witnessing a very special moment indeed.
Mr President, first of all, congratulations to Michiel van Hulten for his first report.
It was a baptism of fire but we have a saying in the Netherlands appropriate for this occasion: in at the deep end and you will swim in no time.
Mr van Hulten, I think you deserve a medal for your efforts.
There are two points which, in my opinion, deserve special attention on the part of the ELDR.
Firstly, there is the Commissioners' individual responsibility.
This must be regulated during the IGC.
However, we should not like this important issue to end up entirely in the hands of the Council and we have, therefore, submitted an amendment in which we ask whether an interinstitutional agreement could be reached between the Commission and Parliament in order to ensure that we have a kind of fall-back position and are not placing our fate completely in the hands of the Council.
Secondly, as already mentioned by my colleague, Mr Mulder, the ELDR is of the opinion that the European Parliament should also be investigated by independent experts.
This will contribute hugely towards re-establishing the confidence of the European citizens in this institution.
We at the European Parliament cannot be a credible counterpart to this reformed Commission as long as we do not search our hearts and put our own House in order as well.
Only when all European institutions are reformed will we have the open, democratic and decisive Europe which our citizens now finally deserve.
Mr President, I also wish to congratulate Mr van Hulten on this first piece of work which he is presenting to the House.
I am sure that it will serve, amongst other things, to make his second report more flexible and for him to step up efforts to find a consensus amongst the groups.
At this stage, there can be no delay in the process of reforming the Commission, demanded by our citizens.
This Parliament has often heard the desire to reform the Commission expressed, even by its Presidents. It now appears that this desire is more serious.
After the resignation of a Commission and after a Committee of Experts has listed an almost endless number of deficiencies, it makes sense that Mr Prodi should have promised, on 14 September, to present this Parliament with a complete plan for reform by February.
This Parliament anxiously awaits this complete reform programme.
The report that we are debating today intends to give political force to many of the recommendations of the Committee of Experts commissioned by this Parliament.
Mr Prodi said he would act anyway, that he preferred to get things right, but that fear of not getting things right would not prevent him from acting.
We therefore ask that his programme be a bold one and, if it is, I can assure him that he will have the support of this House in the reform process.
We want a strong Commission, which can act in an independent and neutral manner, but with political sense.
Commissioners should not be considered senior officials but rather politicians in office.
Therefore, the report allows them to be members of political parties and to be members of political bodies affiliated to their parties.
Perhaps the reference to the posts is imprecise.
I do not know your exact view in this respect, Mr Kinnock, but it is clear that we want Commissioners who are politically strong and politically committed.
We want a structure which allows every Euro to be spent effectively, and our accounts demonstrate that this is not happening at present.
Therefore, Commissioner, we ask Mr Prodi to present us with a bold programme, and he will find that he has problems with those bodies who feel that their status quo is under threat, but not with this Parliament, which expects profound and daring changes.
Mr President, the Santer Commission came to grief because financial control failed all down the line.
Therefore, the future of this new Commission will depend in no small measure on the extent to which reforms are swiftly undertaken here and financial control is back in working order.
As far as this is concerned, a number of people have already referred to the fact that the Commission intends to drastically improve and consolidate its follow-up checks and that these checks should be carried out on a completely independent basis, with no sweeping of matters under the carpet in future.
Naturally, this is only to be welcomed.
What I do not understand is why this has to come at a price, as it were, that is, of having to dispense with independent - and I stress, independent - prior approval.
Up until now, the Commission' s payments could only be made when the authorising officer signed the appropriate order and the financial controller gave his approval in the form of a visa. And so it is the "two key" principle that applies here.
A single key is to suffice in future. The financial controller is no longer to make advance checks, if all goes to plan as regards the reforms currently under discussion within the Commission.
If you will pardon me for saying so, Mr Kinnock, what you are proposing is a little like abolishing the police because they were unable to prevent crimes.
What we really need to focus on, however, is making the checks more effective. This could be achieved by no longer insisting, in future, that the financial controllers furnish every single payment transaction with their approval stamp.
It is precisely those who feel the need to control everything that end up controlling nothing at all. Therefore, in future, prior approval should take place in a targeted manner, that is, only in cases of uncertainty or risk.
The officials responsible for financial control should be deployed on a decentralised basis, that is, in the operational Directorates-General, amongst those of their colleagues that spend the money, so that they are immediately available when problems arise and so as to render the checks less ponderous and time-consuming.
However, the financial controllers must work independently. That is the crucial difference between our plans and those of the Commission, when it talks in terms of decentralisation.
It is obviously the Commission' s intention to make the financial control officials subordinate to the individual Directorates-General, but this is precisely what we do not want. Surely we have learnt this much from the events surrounding the Leonardo affair, when the internal examiners in the relevant Directorate-General issued warnings, but these were neither heeded nor passed on.
Therefore, independence is prerequisite for effective checks. That is the position which a clear majority of the Committee on Budgetary Control subscribes to.
Indeed, the new Commission has now declared itself in favour of follow-up checks having this independence, and so would it not make sense for a system of prior approval to enjoy such independence as well?
I believe we should set the seal on this point at tomorrow' s vote. Mrs Theato has already expressed as much and I am only too willing to support her in this regard.
Mr President, a couple of years ago, the previous Commission tried once and for all to tackle rigid and obsolescent structures.
This led to strikes and smear campaigns by intransigent trade unions, whereupon the proposals were abandoned and replaced by a wishy-washy compromise.
This was stupid of the old Commission, and Parliament was of no help on that occasion.
When I read Mr van Hulten' s passage about personnel policy, I am afraid that Parliament may again be failing to tackle the crucial issues and just spouting a lot of hot air.
There are too many rights, too many regulations and too little room for leadership.
There is no backbone, and no teeth.
Where is the beef?
And I would also say this to you, Commissioner: please, deliver the beef even if it is British.
Romano Prodi promised a revolution. You have said some powerful and worthwhile things yourself, but take care now that you do not dodge the crucial issues, the ones where it hurts!
Sort out the tangle of staff allowances.
Stand firm on the demand for mobility, not as a right, as it says here in the report, but as a management tool.
Ensure too, that training becomes a management tool.
Do not listen to the report' s demands that temporary staff should have their employment confirmed.
It is the posts which should possibly be made permanent and not necessarily those employed on a temporary basis.
Finally, Mr President, as a member of the Bureau until six months ago, I would urge you to address this issue in the Bureau so that we here in Parliament at least comply, in our own administration, with the demands we are making on others.
We have not done this so far, and this is something you ought to be instrumental in changing.
Mr President, I want to thank Mr van Hulten for his report and to say that I voted for it.
So I refer to the things I do not agree with.
I do not agree with the paragraphs in relation to Parliament.
This report is about the Commission. Parliament is a separate subject.
There is no need for us to bring Parliament into the discussion on the Commission.
In addition to that, there is the question of duty-free.
That was a stick used to beat the Commission by the duty-free lobbies who resented the fact that the Commission abolished duty-free in airports.
It is not worthy of being brought into this report either.
Most of the report is about financial control. That is reasonable because it comes from the Budgetary Control Committee.
But we should not create the impression that vast amounts of European resources are being put at risk by carelessness in the European Commission.
After all, it is only 1% of GDP, by comparison with national spending.
We have had all that before but some people in this Parliament are young and do not seem to understand how small the financial resources of the European Union are and that 80% of these resources are spent by the Member States.
So carelessness within the Commission in the spending of money is not likely to put at risk vast quantities of money.
We should get it into perspective. It is important to remember that.
The business of the European Commission is very little about spending money.
They have very little of it.
They have a much wider responsibility. That wider responsibility concerns the management of the environment, food safety, foreign trade, the internal market and so many other responsibilities we have given them without the resources to deal with them.
I am not one of the people who agrees that there is a vast lack of trust.
If there is, we have generated it in this House in the past year.
I have been here for 20 years and found absolute trust between the Council, the Commission and Parliament.
We have had our problems and we recognised difficulties but there was not a situation where this bureaucratic Commission was mistrusted, doubted and feared by the citizens of the European Union because they were mismanaging our affairs.
That is a gross exaggeration of what the difficulties were.
This Commission should not have to live forever in the shadow of the mistakes that caused the resignation of the Commission that went before it.
While there were problems - and we have to resolve them in view of enlargement, for instance - we sometimes take the negative side too far.
Mr President, I should very much like to thank the rapporteur for his splendid report.
I hope that the Commission will use it in its reform work.
The process of reform has been going on for some time, and something like a state of emergency seems to prevail in the Commission.
The Commission' s administration simply does not function particularly well.
Naturally, there are good, capable employees in the Commission, and they are in the majority.
But we need radical reform. There is too little action and too much unnecessary bureaucracy.
People should have clearly-defined powers to take decisions for which they should also be accountable.
The Financial Regulation should be amended.
We agree that we should have better control of the finances. It is just a question of how.
The Commission and the Committee of Independent Experts are in favour of completely doing away with ex ante financial control. We should be careful about this.
We should retain some form of ex ante financial control. It is not enough simply to carry out spot checks once the money has been spent.
This would allow too many anomalous projects to slip through. Instead, we should be reforming and decentralising control.
The Commission does not have enough staff.
As Members of the European Parliament, we must have the courage to explain to our governments and people back home that the Commission' s staff resources are not at all adequate for the tasks which have been assigned to it.
And the Commission should be able to refuse new tasks if it does not also get the extra staff it needs.
The staffing system is too rigid. There should be a more frequent rotation of employees, especially at the top of the hierarchy.
It should also be much easier to sack inefficient and incompetent employees.
I am therefore very pleased that the disciplinary procedure is to be reformed.
After all, the very bad experiences so far with disciplinary proceedings show all too clearly how necessary it is that we carry out reforms.
Mr President, Commissioners, first of all, I cannot help but reflect upon the fact that this is, on the whole, a Dutch-British-Scandinavian debate where the speakers are concerned.
Perhaps this is a little worrying.
I hope, like so many others, that the state of emergency in relations between the Commission and Parliament is on the way to being resolved.
We must get away from the idea that we are rushing to put out a fire in one corner, only then to have to rush again to put out the next one.
As Mr Blak said, we must instead establish a system with clear roles.
First of all, we need tough regulations, which can be implemented.
Codes of conduct and ethical committees are not enough.
There need to be tough rules stating, among other things, what may be decentralised, what may be outsourced and what is independent.
I find it a little worrying that people are clamouring for independence in this debate without defining what it is in relation to which there is to be independence and without defining what right of decision-making is to be exercised.
What we need, then, are basic administrative regulations for the EU, for its institutions and for the EU in its relations with the Member States.
These are what are missing.
We have asked for a Public Prosecutor' s Office and criminal law, but we also need administrative law for the EU.
We should make a good deal of progress if the Commission were to adopt, as binding regulations, the ombudsman' s proposal of a code of conduct for good administrative practice.
The van Hulten report is a step in the right direction, but it is not enough.
Secondly, we must also clarify our own auditing roles.
The Court of Auditors is to monitor the extent to which actions are incompatible with the regulations, but it should not examine the expediency of a particular action.
It is the European Parliament which is to carry out the political evaluation. We do not hunt down criminals.
That is OLAF' s job. Tell me what national parliament, for example, is handed all preliminary investigation documents.
Obstinate as I am, I also want to say that the regulations governing public access to official records must be clearly better than the draft which has been circulating on the Internet. Otherwise, we shall not get anywhere in this fight.
Mr President, I would like to extend a warm thank you to the rapporteur for his report.
I am pleased that I can address him now in Dutch, now that Mr Van den Berg has just done so.
Otherwise I probably would have felt slightly guilty about this.
I would like to say that this report represents a huge improvement, also with its amendments.
I am from the Social Committee and rapporteurs on our committee are always proud to receive 100 amendments because then they know that they have tabled an interesting topic.
I think that this is also the case here, but I think it would be a bit over the top to spend too much time talking about these 100 amendments.
I would also point out that our coordinator on the Budgetary Control Committee is Mr Pomés Ruiz, who is Spanish and has hence made a major contribution to this debate from a Spanish perspective.
Mr President, one of the key aspects which have been mentioned is, to my mind, the rapporteur' s proposal for the standing committee on standards in public administration.
A very important proposal indeed.
I am only very surprised that the Socialist group would like to subordinate this proposal to one tabled by Mrs Morgan, because she wants to scrap it altogether.
I cannot fully grasp the underlying rationale.
On the one hand, we receive all kinds of words of praise for the rapporteur but, at the same time, Mrs Morgan wants to pursue a sort of scorched earth policy on this point and on other key points as well, as a result of which, in fact, the entire content of this report vanishes.
I do not know whether this is to appease Mr Kinnock, but I happen to know Mr Kinnock.
He is happy to hear what our demands are and is quite prepared to be flexible if he considers it necessary.
In my opinion, such a far-reaching scorched earth policy is really unnecessary.
Finally, the issue of officials.
Actually, I do not entirely share Mr Haarder' s view.
I do agree that the section on officials has, in fact, been completed totally inadequately.
First of all, the importance of a public service in general is not at all emphasised. Secondly, all kinds of proposals are nevertheless being mooted, and we have to ask ourselves whether these are terribly appropriate and whether they would lead to improvement.
For example, we are currently looking into TAOs. This is a key point but, at the same time, we want to abolish temporary staff at the Commission.
These two considerations are diametrically opposed to each other, and I really fail to grasp how such a proposal can end up on the table.
Mr President, ever since Plato' s 'Republic' , the Western world has regularly been tempted to replace government by the people with government by experts.
Our Parliament first asked experts to help it evaluate the performance of the European Commission and they took advantage of this invitation to determine, themselves, what its future should be.
In this second report, the experts have gone a step further and criticised some of the political groups in Parliament, which may have hesitated to remove the European Commission from office, since they shared the political affiliations of some of its members. The experts think that this problem will be resolved by banning the Commissioners from belonging to political groups.
According to the experts, Parliament should no longer have the power to supervise the European Commission. This task should be taken over by a committee which will guarantee high standards in public life, and this should be a standing committee, not elected, presumably made up of another group of experts.
In this, their second report, the experts tell us that Italy is financed by the Cohesion Fund, that the ERDF and the Social Fund represent two-thirds of the Structural Funds and that the principles of additionality and complementarity in the Structural Funds come to the same thing. They tell us that the farming lobby is forcing us to finance rural development through the EAGGF-Guarantee and that the principle of partnership only applies to the Commission and to the Member States.
This lesson in wisdom is 100% ideology and 0% knowledge.
This will not help us to reform the European institutions whilst fully respecting democratic institutions.
The van Hulten report started out as a brilliant one and I would like to pay deep and sincere tribute here to what Mr van Hulten achieved.
Unfortunately, it was then changed, and changed for the worse, which turned it into a document which in fact, proposes something that we cannot accept.
Mr President, Mr van Hulten, your work is worthy of being qualified as enterprising, arduous and complex, and I believe this is important in a first report.
Please therefore accept what I am about to say as being criticism made in the spirit of honest debate, and I believe that in this way our debate here today will be richer.
This report seems to me to be redundant, long-winded, confused and lacking in accuracy in the terms used.
Perhaps 'redundant' is the most serious epithet, and you are not responsible for this. It is the responsibility of this Parliament.
That is to say, if this Parliament commissions a Committee of Experts - and I am not going to repeat what Mr Casaca has said, but I agree with him to a large extent - to analyse a problem, where is the sense in indulging in the medieval tradition of criticising the critics and so on, ad infinitum.
Clearly we are awaiting this reform from the Commission, we are awaiting the proposals which the Commission is going to make to us and this Parliament will have to express its opinion on them.
Meanwhile, we have to offer the Commission a vote of confidence.
'Long-winded' . I am not going to mention the length of this report.
I do not know if it breaks the record for all the resolutions presented here, but, for this type of resolution it certainly does.
I do not believe that there has ever been a resolution - and in this Parliament we certainly produce complex resolutions - which has had paragraphs of more than 16 lines without a single full stop.
It is also 'confusing' .
I am not going to return to what has been said about the analysis of questions concerning Parliament.
That should be the subject of another report and we will have to carry one out and consider that issue, but not in this report.
And finally, Mr President, frankly, I am not going to give examples, but there are many cases in which legal language is used with an alarming lack of accuracy.
Therefore - in summary - I await, and many of us await, your report, Commissioner Kinnock, so that we can really express our opinion on it, which is the duty of this Parliament.
Mr President, the scope and highly detailed nature of the proposals for necessary reform measures show just how important these reforms are. When one considers the events that have set these endeavours in motion though, it is only too clear as to why there is a need for them.
Hopes and expectations were raised higher still by the strong messages sent out by Commissioners Prodi and Kinnock in plenary and in the Committee on Budgetary Control. The concept of transparency stands out in the report.
Securing this is a major priority. The importance of smooth-running, comprehensible work cannot possibly be emphasised enough.
This is not just about bureaucratic reform, however; rather, it is about showing good will towards the citizens. We must win back their faith in EU politics.
The citizens demand rapid and open access to the institutions and call for EU provisions to be comprehensible to them. This is what enables them to understand what is going on.
They want to see the politics of success and believe that this is how any politically mature citizen could expect to be served
Whether or not the reforms succeed depends, to a very large extent, on the Commission' s own initiative.
However, it annoyed me when I heard today that the Commission is now saying that it only wishes to discuss the interim report with Parliament on an informal basis.
However, Mr Kinnock, your presentation to the Committee on Budgetary Control this coming Tuesday must not just be a one-way street; rather, as Parliamentarians, we want, and must, play a part in this and it also goes against my understanding of politics when I find that yet another press conference has taken place this week, before we have had chance to carefully discuss the submission in the competent Committee on Budgetary Control.
I believe, Mr Kinnock, that notwithstanding all the success achieved on a personal level, the Commission still has quite a lot to do to satisfy our justifiably high expectations.
Can I begin by stating for the record and for the enlightenment of Mrs Langenhagen that the decision for me not to address the full plenary tomorrow and therefore be available for formal responses on the report is not mine and not the Commission's - it was the decision of this Parliament!
So if she has any lectures to offer they are best contained within this House.
She knows me well enough to understand that at all stages in the five years in which we worked together in this House, there has never been a single occasion on which I have refused to account in full, formally and in detail for everything I have done.
Mr President, may I begin by paying tribute to the painstaking and, from what I hear, the pains-accepting work of Mr van Hulten in preparing his report.
Although new to this House he is relatively old in some respects, certainly in his familiarity with the Institutions as a former official - and I think that the value of that is shown by his ability to tackle the complex subject which is of critical importance, as several Members have said, to all of our Institutions.
I thank him and I wish him a long and distinguished career as a representative.
Mr President, as you will know, Mr van Hulten's report on the second report of the Committee of Independent Experts is necessarily long and, since I want to make a comprehensive reply, particularly on the issues relating to financial management and control, I seek your indulgence.
Naturally I will not take up any more of the time of the House than is absolutely necessary.
When this House considered the second report of the Committee of Experts last September, I pledged on behalf of the incoming Commission that the report would be treated as a fundamental ingredient in the Commission's reform proposals.
Our efforts to completely honour that pledge will be evident to the House when consideration is given to the reform package that was adopted by the Commission today, well within the demanding timetable that we set for ourselves four months ago.
I am sure that Mr Pomes Ruiz is encouraged by that.
The great majority of the paper's proposals are closely akin to those put by Mr van Hulten and that paper includes - I say to him and to Mr Staes - a very explicit timetable of actions to be undertaken in pursuit of reform.
There is nothing therefore that is open-ended or vague about the report which I have had the honour to compile.
The considered view of this Parliament in the consultation period over the next four to five weeks will for obvious reasons be of great significance.
I would say to Mr Elles that we are most definitely in listening mode.
But he will appreciate - with his customary generosity I am sure - that for us to be able to listen to the response to what we are proposing, it is first necessary to transmit what we are proposing.
Hence the transmission.
Though time forbids me, Mr President, from commenting in this debate on each element in the resolution before the House, I readily give the assurance that the details will be treated as an important input into our reform proposals throughout this consultation and indeed to our work in other relevant areas.
Turning to the main themes of the resolution I offer the following observations.
The need for transparency is rightly stressed, not least because greater transparency in the way in which the Commission operates will improve the efficiency and will also demystify what the Commission does.
This is essential for an executive administration that must be accountable, not just to this House, but more generally to the European public.
Naturally, sensible safeguards are required to protect specially sensitive information, but the cases where these are needed should be kept to the minimum possible.
I have repeatedly emphasised that, indeed not just as a Commissioner, but in 25 or 30 years of campaigning.
That most certainly is the intention of the Commission.
Financial management and control is obviously a crucial area of reform.
As the House knows and has repeatedly said, the scale and scope of the Union's financial interventions have grown immensely in the past decade without a proportionate increase in staffing or an adjustment in procedures.
Several Members have made that point again in the course of today's debate.
We share the view, forcefully expressed by the Committee of Independent Experts, and repeated in this draft resolution that the time has come for a thorough overhaul of our rules and procedures.
The means of doing that are set out in the reform strategy and the Commission will present its proposals for a radical recasting of the Financial Regulation in April.
Parliamentary support in pursuing that essential course for change will be absolutely vital.
I share the view expressed by Mrs Theato that it would not be acceptable in any way at all for us to seek to operate new arrangements without a change in the law.
Change in the law is fundamental.
There are preparations which can be made and they are specified and set out with the full reassurances in the reform strategy, but enactment of change in the legislation is obviously of fundamental importance to the operation of the new system.
Essentially - and with legal change - the Commission will systematically move away from the current centralised system of prior approval of each financial transaction by the Financial Controller and instead strengthen the internal control systems within spending departments so that Directors-General are better equipped to take responsibility for decisions with an impact on the European Union budget.
In addition, and to achieve better assurances than those provided under the present system, the new system of decentralised controls must be complemented by setting up an internal audit service - "the second key" as Herr Bösch said, established in a way that is closely consistent with the recommendations of the Committee of Experts.
That service will open on 1 May this year. It will be headed by a professionally qualified member of the audit profession and its independence must and will be guaranteed through a new provision to be added in the financial regulation.
The new service will report to me and it will be accompanied by an Audit Progress Board chaired by my colleague, Mrs Schreyer, who I am delighted to see in the Chamber this evening.
As Budgets Commissioner, here responsibilities already include relations with the Court of Auditors.
This Audit Progress Board will ensure effective and rigorous follow-up to internal audits.
I want to emphasise strongly that changing our control systems will definitely not mean relaxing them.
The proposed change will make the systems more effective, both in terms of inputs and in terms of measured and accountable outcomes.
I can also specifically assure the House that we are not going for what is sometimes called "a big bang approach".
Financial control' s ex ante visa for each spending department will only be relinquished as and when the internal control system in a department is shown to be fully adequate.
I am somewhat surprised that paragraph 10 of the draft resolution does not appear to address the fundamental criticisms of the current centralised financial control function made in both reports of the Committee of Independent Experts.
That committee was very clear about the need to abolish the centralised ex ante visa. It was clear too on the need to separate internal audit from financial control.
In addition, I do not believe that paragraph 10 fully reflects the opinion of the Court of Auditors in 1997.
Naturally the Court will be able to give its considered opinion on the proposed changes to the Financial Regulation but it is useful to recall Mr Karlsson' s comments to this House last month.
"The Commission's internal control" he said "is not forceful enough in preventing incorrect operation.
For instance, the Financial Controller granted a positive a priori visa in most of the cases of mismanagement or irregularities recently uncovered.
At the same time, the internal audit function is carried out in an uncoordinated way by several bodies, notably the same Financial Controller, the Inspectorate General and by some units operating Directorates-General."
The centralised ex ante approval system was doubtlessly originally designed to ensure carefulness but, over the years, it has had the perverse effect of reducing the extent to which managers feel responsible for their decisions.
I do not believe that there is any real disagreement between us on this.
I take it from paragraph 10 that the underlying preoccupation of honourable Members is that there should be a carefully managed transition.
That will most certainly be the character of the change as honourable Members will see when they read the reform strategy document.
Our objective, the committee' s objective, the Court of Auditors' objective is not to abolish financial control, it is to get rid of and improve upon centralised financial control.
Before leaving this area I would add that we agree with the rapporteur that the existing internal audit function must be maintained pending the establishment of the new independent internal audit service in a matter of months.
Turning quickly to the section of the resolution on fighting fraud, corruption, mismanagement and nepotism: the major new proposal of the report concerns reporting by Commission officials of perceived wrong-doing.
As I made clear in the hearings last September and on other occasions, we are at one in the belief that there is value in defining the best possible mechanisms for this purpose although obviously we all hope that it will rarely be needed.
Since June of last year, the OLAF regulation has given better guidance to staff about reporting possible irregularities.
We propose to complement those provisions by defining the rights and obligations for officials to report suspected wrong-doing through internal channels but not exclusively within the same hierarchical line.
The possibility of using specified external channels will also be addressed.
We are seeking to implement best practice.
Serious response to reports, confidentiality at early stages and career protection will be assured for people who report wrong-doing in good faith and in ways that do not compromise investigations by untimely disclosure.
As a corollary, there will be safeguards for officials who are the subject of false allegations.
A communication later this year will give full details.
I do not think Parliament will be disappointed by what we will propose.
I am persuaded, however, by the suggestion in paragraph 34 of the report on using external bodies to enforce existing provisions on financial liability.
We already plan to reform the existing disciplinary procedures to ensure thoroughness, fairness, consistency and professionalism. And we will propose the establishment of an interinstitutional Disciplinary Board - something else on which we will need the support and understanding of Parliament.
A communication in June will set out the full proposal for change.
Standards in public life is the next main section of the report before the House.
With the introduction of a series of codes of conduct the current Commission has begun to develop an explicit ethical framework. This will be taken a step further with a proposal in June for an interinstitutional agreement on a committee on standards in public life.
That is in line with the draft resolution. An important role for the committee will be to give advice on ethics and standards and to supervise common and separate codes of conduct for the institutions.
I welcome Parliament's support for that.
We are also currently examining how we can most effectively implement the proposal for a classification system for documents, made in paragraph 50 of Mr van Hulten's report.
The draft resolution rightly recalls the Commission's accountability to this Parliament.
President Prodi and Vice-President de Palacio and other colleagues have demonstrated the Commission's practical commitment to that. I hope that we will soon be able to agree a code of conduct on relations between our institutions which will include updated rules on access to documents.
The point was very properly raised by Mr Elles and referred to by Mrs Thors.
I am sure they are aware that in mid-December we officially received the draft framework agreement with Parliament. We are now waiting for Parliament to decide when it wishes to begin negotiations on the text.
We are very happy to proceed as rapidly as possible.
The report rightly emphasises the central importance that human resources policy must have in reform.
I am glad to say to Mr van Hulten and Mr Haarder that the detailed recommendations on recruitment, training, appraisal and the appointment to management positions are very much in line with our own thinking and our own proposals.
I also want to move towards a linear career system because the current category system is no longer adapted to the needs of our institutions.
It certainly blocks the advance and mobility of people with proven capabilities.
Members, who, in the course of this debate, have properly praised Commission officials, who in the great majority and typically are of high integrity, hard-working and of great capability, are absolutely right in the comments that they have made.
While the reform strategy White Paper will clearly outline our ideas on these and other points, detail and precision are obviously essential.
A series of communications will therefore follow in the coming months. Each of them will be available for reflection and response by this House.
It is, meanwhile, very obvious that we will need to work closely with Parliament, as an institution, on central matters of common interest, notably pay and pensions and the revision of the staff regulations.
On this latter point we are reflecting on whether it might be useful to adopt a framework regulation which makes common provision on leading issues like pay, conditions, staff representation rights and so on, but enables the different institutions to operate implementing rules on other matters.
The early thoughts of Parliament on this consultative idea would be especially welcome.
I conclude by referring to paragraph 15 of the resolution before the House relating to the resource requirements of our policies for change. That is most certainly relevant.
We are sure that there will be an important "reform dividend" as the modernisation measures begin to foster increased efficiency and better management in the use of resources. It is very clear, however, that parts of the Commission services are already very stretched.
Parliament has frequently made that point. Secondly, it is also clear that reform will require some new investment in training for skills and in technology.
Thirdly, it is very clear that increased preparations for enlargement must be undertaken. They are already having implications for resource availability.
It is also clear that if we take on new tasks - which we will surely be asked to do by the Council and Parliament - we will have to identify so-called "negative priorities" and drop those negative priorities in order to create spare capacity.
A central feature of the reform will therefore be a more rigorous process for tying the process of priority-setting into resource allocation under a system of activity-based management.
I want to emphasise, however, that whilst internal discipline on priority-setting will certainly be introduced by the Commission, it can only be fully effective if Parliament and the Council share it and take an equally stringent attitude to the demands made on the Commission.
The Commission therefore welcomes paragraph 15 of Mr van Hulten's report.
I conclude, Mr President, by thanking the House for its attention during an unavoidably lengthy speech and by expressing sincere gratitude to the rapporteur, to the Committee on Budgetary Control and to the other committees which gave their opinions.
We look forward to working closely with this House on the finalisation of the reform strategy package and then, most important of all, working together with this House on its implementation continually through the years that will be required on such complexities.
The debate is closed.
The vote will take place tomorrow at 12 p.m.
(The sitting was closed at 11.15 p.m.)
Middle East peace process (continuation)
The next item is the continuation of the Council and Commission statements on the Middle East peace process.
I am very grateful to the President of the Council for the statement this morning on the Middle East at the beginning of this debate and for hearing some of Minister Gama' s insights, as he arrived hot-foot from the region.
My only regret is that my own commitment to open the European Reconstruction Agency on Monday meant that I could not take part myself in that trip to the Middle East, even though, as I mentioned earlier in the day - which is another story - events conspired to maroon me at Munich airport rather than transport me to Thessaloniki.
Such is life.
I hope that honourable Members will excuse me if I am not able to stay to the end of the debate as I would, in all normal circumstances, wish to do.
The debate was fixed for this morning and on that basis I had arranged to see visitors from the Balkans this evening.
So I hope I can count on the understanding of the House on this occasion.
It is not something, I assure you, which I would wish to make a practice of.
Like honourable Members, I welcome the United States' efforts that have relaunched the Syrian/Israeli negotiations, despite the Syrian decision that they needed more time before resuming the talks that were scheduled to start again today.
There is reasonable hope that a basis for a peace agreement can be built in the near future.
I also hope that progress in the Syrian track will pave the way for an early resumption of Lebanese/Israeli talks which could then advance in parallel towards an overall deal on Israel's relations with its northern neighbours.
At the same time we must not lose sight of the Palestinian track.
The situation of the Palestinians has always been the core issue of the conflict.
A fair and, indeed, generous deal with them remains the key to lasting peace in the Middle East.
Israelis and Palestinians have made substantial progress in implementing the Sharm el-Sheikh Memorandum.
Although there has been some slippage, I trust that the remaining Israeli troop redeployments will materialise soon.
Similarly, despite the indication the day before yesterday that the timetable for the Framework Agreement on permanent status has been pushed beyond the mid-February deadline, I very much hope that the much more important September deadline for the final agreement on permanent status will be reached.
I was reassured that this was also the view of Prime Minister Barak and President Arafat, when they met on Monday.
Honourable Members will know that one particular concern of ours has been that there should be a resumption of progress on the multilateral track.
This is far from straightforward but we will do what we can to make this possible, in close liaison with the US and Russian co-sponsors as well as the regional parties.
We are charged with particular responsibility for the promotion of regional economic development.
The beginning of the talks with Syria paved the way for a convening of the multilateral steering group in Moscow at the end of the month.
I look forward to attending that meeting and hope that at last we can begin to push things forward again.
The European Union has an important role to play in the peace process, as all sides - Palestinians, Israelis, their Arab neighbours and the United States - have acknowledged.
Nor is our role confined to that of banker.
We must be prepared to act swiftly to support the consolidation of peace in the region.
But we should not kid ourselves: a comprehensive Middle East peace deal comes with a hefty price tag.
The Commission is already considering the implications for the European Union of the recent encouraging developments.
We intend to share our more detailed thoughts on the matter with Parliament and Council soon.
But let me remind honourable Members that the European Union is no slouch when it comes to financial support for the peace process.
We are the largest of all donors to the Palestinians.
We have also offered very substantial support to Jordan, Lebanon, Syria and Egypt.
With the Israelis we have established closer cooperation in a number of areas of particular interest to them.
The Community contribution of over EUR 600 million in grants and loans between 1994 and 1998 effectively underpinned the Palestinian authority and contributed substantially towards the reconstruction of the deteriorated physical infrastructure in the West Bank and Gaza.
European Union Member States together contributed another EUR 860 million during that crucial period.
In this context, let me applaud the important steps that the Palestinian authority has recently taken to improve budgetary transparency.
President Arafat will be meeting the Council of Ministers next week.
This will be a good opportunity to address the need to take similarly courageous steps to improve the Palestinian administration and to bolster the rule of law.
The Commission is actively involved in those efforts.
The Commission has also stepped up its planned support for regional cooperation projects between Israelis and Arabs.
We committed more than EUR 20 million for such projects last year.
This package included renewed assistance for people-to-people activities and cross-border cooperation where Israelis and Arabs meet on non-governmental and expert levels.
Members will recall that the European Union is the largest financial donor to the overall efforts in bringing reconciliation to the people of the Middle East.
A number of issues naturally emerge as additional potential targets of Community support in the coming phase of the peace process - among them, helping to consolidate a Golan settlement both in terms of contributing to security arrangements and supporting demining and the rebuilding of communities in the Golan Heights.
Syrian economic development will need assistance for the transition from a wartime to a peace economy.
Reconstruction and rehabilitation of southern Lebanon, the only Middle Eastern area with an ongoing military conflict, will also demand considerable efforts.
We also need to continue our support for economic reform and social development in Lebanon as a whole.
A solution is needed to the Palestinian refugee problem - these are the largest group of refugees in the world, numbering nearly 5 million people - an indication of the enormous challenges ahead.
We must support initiatives increasing the availability and improving the distribution and management of the region's very scarce water resources.
Lastly, but maybe most importantly, we are encouraging closer regional cooperation in a number of areas, bringing all the countries concerned together in a joint endeavour to address their common problems.
It is already apparent that the financial resources currently available for Community assistance to this part of the world will not be sufficient for the magnitude of support that will be required in the event of permanent peace.
I want to underline that point.
I wish insistently to remind the Council and, should it be necessary, Parliament, that we should not continue to allow a gap to develop between our rhetoric and what we are actually capable of doing.
I repeat that a change in the politics of the Middle East will require a gear change in the support that we shall be asked and expected to provide.
I hope I can add that we will want to provide that.
We have made progress in recent months and weeks, as Mr Gama mentioned earlier. But it is inevitably going to be a tough process with difficulties and disappointments on the way.
We will do all we can to help the process to a successful conclusion and to meet the obligations and challenges that will be created by that outcome.
Lastly, I will repeat for some who have entered the Chamber in the last few minutes, what I said at the outset of my remarks: that I will not be able to stay until the end of the debate, largely as a result of having assumed that the debate was taking place this morning and having fixed a meeting on the Balkans for this evening.
I hope the House will understand that.
Mr President, Commissioner Patten has our understanding.
I would like to tell him that communications with Madrid are usually more fluid and, therefore, I hope to see him there soon.
The statements we have heard today on the Middle East peace process are very opportune at the moment because of the hurried tour which Minister Gama - whose absence from this debate I also regret - has made of the region, accompanied by other Council representatives.
The tone of the news in the media on the recent events in the area could lead us to take a pessimistic view of the situation.
I honestly believe that an evaluation of this type would not be in accordance with the reality of that situation.
In this sense, I share Commissioner Patten' s positive attitude.
Let me explain: it is true that the Israeli Government has delayed the third hand-over of West Bank territory to the Palestinian authorities.
It is also true, however, that, since the signing of the Sharm el-Sheikh agreements, 39% of the territory of the West Bank has been handed over to the Palestinian National Authority, together with two thirds of the Gaza Strip and, more importantly, this agreement has so far been scrupulously complied with, since, under the terms laid down in Sharm el-Sheikh, the Israeli Government has the right to delay that handover.
This is naturally on the condition that the delay does not exceed three weeks, as Prime Minister Barak has promised.
On the other hand, the decision to delay the second round of talks, initiated in Shepherdstown by the Syrian Arab Republic, is undoubtedly significant, but I am convinced that the hopes which were raised on 3 January in that town will not be dashed.
Mr President, the fact that the different groups in this Parliament are tabling a motion for a resolution, in this ever controversial debate, which is the result of a broad consensus, seems to me to demonstrate the clear political will to decisively support open peace processes.
I would therefore like, equally firmly, to express our rejection of the use of violence to resolve differences, which are still no doubt profound, between the parties.
In my judgement, this constitutes a guarantee to both sides, both from a political and a financial point of view, of the commitment they can expect from the European Union in terms of its contribution to the cost of the peace which we all long for.
It is clear to everyone that this is essential to guaranteeing security in the area and to cooperating in the development which is needed to heal the serious social differences which exist.
But this also serves to make a claim, on the part of the European Union, for a degree of political participation in the process which is consistent with its economic contribution - we do not have aspirations to be bankers - and which will be suitably visible to the public.
There is absolutely no doubt that the forthcoming trip by the President of the European Parliament to the region will contribute to this.
Mr President, I want to thank Commissioner Patten for his detailed account.
I should like to say that I agree with the tone which Galeote Quecedo' s speech set here.
We in Parliament strongly support the Middle East peace process. It is, of course, a peace process which is finally under way.
If we think of how the process was looking a year ago, the difference between then and now is like that between night and day, despite difficulties and delays.
I want to emphasise four points.
First of all, the Sharm el-Sheikh Agreement contains, as everyone knows, a concrete timetable for the implementation of Israel' s commitments. This applies both to the interim agreement and to the Hebron and Wye Agreements.
While the negotiations on the final peace settlement have begun, I think it is important to keep the two processes apart. A lack of progress in the final status negotiations should not jeopardise implementation of the three above-mentioned interim agreements.
What we need to look out for in this context is how matters develop in connection with the harbours in Gaza, the northern transit route between Gaza and the West Bank, further releases of political prisoners and implementation of the financial commitments.
The second point relates to Syria.
There, the border question is obviously central.
How negotiations are proceeding there, we still do not know. What is important, however, is that they have begun.
An important question in this context is the future distribution of water.
As things are at present, the Golan Heights account for between a third and a sixth of Israel's water supply.
The third aspect is the peace negotiations in Syria which are closely linked to the issue of Israeli withdrawal from Southern Lebanon.
According to UNIFIL, there are now concrete signs that Israel is preparing to withdraw, which is something we welcome.
There too, of course, outstanding matters in dispute are the water problem and the situation of the Lebanese Palestinian refugees.
My last point concerns the future Palestinian State.
This may be proclaimed in the course of this year, with or without Israel' s support.
The Barak government has given to understand that it intends to conclude a peace agreement with a state as the other party.
Even if negotiations are not completed by September of this year, there is nothing in the relevant treaties to prevent a Palestinian state from being proclaimed after that date.
In this context, it is important for those of us who support the idea of a Palestinian state that the latter should be as Commissioner Patten said, namely a state subject to public control, and that it should be a democratic state.
This is something to which we all want to contribute.
Mr President, I would like to refer, firstly and above all, to the joint resolution which will be laid down to round off this debate. My Group has made a contribution to this resolution and, needless to say, approves of it.
More specifically, however, I would like to express our delight at the fact that, after such a long time, Israel and Syria are on speaking terms again to resolve their differences of opinion.
The recent negotiations are already an important step towards a permanent peace in the Middle East.
It is, therefore, regrettable that these peace talks have been suspended for the time being.
Indeed, both parties will need to make huge efforts.
Lasting peace in the region can only be achieved by means of an agreement which guarantees the security of the Israeli borders, as well as Syria' s integrity.
It is also necessary to initiate permanent diplomatic relations and to establish constant dialogue.
In addition to the bilateral meetings with Syria, I hope that Israel will also enter into negotiations with Lebanon within the foreseeable future and that, in the framework of economic and regional cooperation, a multilateral approach will appear possible.
Nevertheless, it is still regrettable that the European Union, one of the most important financial donors, is still unable to play a major political role in the peace process.
This peace process in the Middle East is one of the priorities of the European Union' s common foreign and security policy.
This is where Mr Solana, the High Representative to the Council, could come into his own. The Commission and Member States also have to be encouraged to support projects which can help develop understanding and partnership between the different nations in the region.
I should also draw your attention to the significance of the Barcelona process which should have a beneficial impact on regional cooperation.
In this respect, we support Libya' s participation, provided that it recognises human rights, renounces support for terrorists and fully supports the peace process.
There are still, needless to say, many unresolved problems and unanswered questions, also involving the Palestinians.
Everyone knows that the peace process is a protracted and difficult affair but we are convinced that, with the necessary trust, perseverance and indispensable political will, our common goal, namely a peaceful and prosperous Middle East, will be achieved.
Mr President, it is pleasing that, despite certain delays and problems, the peace negotiations are going on both between Israel and Palestine and between Israel and Syria.
The moment of truth is approaching.
Is Israel prepared to comply with the UN' s resolutions and, in exchange for peace and security, hand back the Arab areas which were conquered in 1967?
Will Israel let Palestinian refugees return or be given compensation?
Will Israel share Jerusalem and the water of the River Jordan?
Will a free Palestine be a truly democratic state and, therefore, reliable as a partner in peace?
Will Syria fully accept Israel' s existence and introduce democracy and the rule of law?
The fact that the main responsibility for the peace process lies with the occupying country, Israel, does not prevent the Arab partners from also having a considerable share of the responsibility.
Peace in the Middle East concerns us all, however.
It is therefore good that the EU should act as a godparent to the Palestinian state.
Against this background, I want to conclude with a remarkable story from Sweden where an international Intergovernmental Conference on Hitler' s extermination of the Jews is being held, which is obviously a welcome initiative.
Of 47 states invited from all corners of the world, not one of them, however, is an Arab state included in the EU' s Barcelona process.
This has been interpreted as indicating that the Arab attitude towards Israel should be regarded by Europeans as being similar to the Nazis' anti-Semitism, which of course is completely incorrect.
The Arab world' s criticism of Israel has been founded upon the same sort of anti-colonialism as, for example, Algeria' s fight for freedom against France.
But today, Egypt, Jordan and Palestine have peace treaties with Israel.
I therefore wonder whether Commissioner Patten does not agree with me that it would have been only right and proper to have invited at least one Arab state to the holocaust conference in Stockholm.
Mr President, I would like to thank Commissioner Patten very much for the awareness he has demonstrated of the difficulties inherent in the peace process and the challenge that the European Union is taking on to bring it to completion.
It is high time there was peace in the Middle East.
It is time to end the era which began with the Balfour declaration in 1917 and the Arab-Israeli war of 1948. It is time there were secure borders and political, social and economic rights in every country in this region, and that human rights were recognised and upheld in Syria, Palestine, Israel and everywhere else.
This is an exercise in sovereignty, and in democracy for each population and every individual, but to this end it is vital for all parties in the conflict to have the courage to strive for peace and rights, and to recognise the other as its partner and not as its subject to whom concessions must be given.
I refer principally to the Palestine-Israel question, but the same also applies to the territories which have been occupied in the Golan since 1967 and in southern Lebanon since 1982.
Israel has to accept its responsibilities, withdraw from the occupied territories and share its water resources but, at the same time, it has to be sure that it will be safe and able to live in peace in terms of economic and political relations with all the countries in the area.
However, Israel is not the only country concerned with security.
The same goes for the other countries, especially for the Palestinians, who are still living under military occupation and whose land even today is still confiscated in areas B and C, despite the Oslo Agreement and subsequent agreements. Between the period when the Oslo Agreement was signed and 17 October 1999, 174 000 dunams of land were confiscated, 8 462 of which have been taken under Mr Barak' s Government.
Trees have been uprooted, houses are still being demolished and, above all, water supplies have been reduced or refused, especially in East Jerusalem, while the settlements continue and are growing constantly.
Nevertheless, there is no doubt that with the election of the new government, positive steps have been taken: negotiations, at least, have resumed. But in the Middle East, there can be no stable and lasting peace if the Palestinians do not have their own state, if they cannot move freely within their own territory.
All the international community has to do is implement Resolutions 332, 248, 245 and 194.
We are concerned by the deferment of the building of relations with Syria, as well as Mr Barak' s decision to postpone the withdrawal of the Israeli army and the Sharm el­-Sheikh agreements.
We feel it is extremely important for the European Union to play a political role in negotiations which matches its economic aid.
We cannot be content with a role backstage. We must be leading protagonists while staying off a collision course with the United States, as Minister Gama said.
Mr President, firstly my thanks and appreciation to Commissioner Patten for his comments here today, particularly in relation to the role of the European Union in the peace process, and for reaffirming that our role is not only that of "banker" for the entire operation.
I was deeply disappointed at the news this week that the peace talks between Israel and Syria had been suspended.
I very much hope that a compromise can be reached to overcome this so that the peace negotiations can be resumed at a very early date.
Nevertheless, we cannot deny that some positive political progress has been made in the Middle East of late.
The fact that the Syrian Foreign Minister and the Israeli Prime Minister were recently sitting around the same table in America for the first time in their respective histories is an indication that old hatreds and animosities can be overcome.
Political leaders must show real courage to put in place a framework which can lead to an overall peace settlement within the Middle East.
I know that if agreement can be reached between Syria and Israel, the Israeli Prime Minister will still face real opposition to any new agreement with Syria in any future referendum.
The settlers at the Golan Heights will demand to be compensated and there will have to be guarantees of security.
If Syria would be willing to offer concessions on the security question then the prospects of a successful resolution to the Israel/Syria question might be promising.
On the issue of Palestine, I recognise that there are still some difficulties with regard to the implementation of some aspects of the Wye Agreement.
The key problem areas at the moment include the difficulties of redeployment, as well as the transfer of territories.
The low level of releases of Palestinian prisoners and the fact that the Israeli Government appears to intend halting implementation of building permits already granted, as well as not approving new ones, pose further obstacles.
These issues have clearly been holding up progress on the permanent status negotiations, although, I believe, these talks will not be held up indefinitely.
At present, the main difficulty in approaching the negotiations seems to be that the Palestinians are insisting that the border issue must be agreed upon first, while the Israeli Government says that it should be settled only if a solution is reached on the issue of settlements and security.
Currently, both sides seem to have accepted that nothing will be agreed until everything is agreed.
In conclusion, while other countries in the Middle East have had reservations about the overall direction of the peace process, now that the Syrian Government has been brought into the peace process, Egypt and other countries in the region are willing to move forward.
I sincerely hope that, in the interests of improving the safety and quality of life of the people living in the Middle East, all the key protagonists will move forward quickly, in the very near future, so as to reach an overall agreement on all the key matters which need to be resolved.
Mr President, the various motions for resolutions tabled in Parliament more or less represent the situation in the Middle East.
There are those who are in favour of new agreements between Israel and Syria, but only a few focus on the real problem at the heart of the Middle East issue.
Indeed, the time has come to resolve a central problem for global stability.
The time has come for Israel to fulfil its promises of old and definitively withdraw from the occupied territories, at last recognising once and for all the authority of Palestine, whose resumed diplomatic activity will have a secure future while it is under the wise leadership of Yasser Arafat.
It is equally important not to lose sight of the Iraq question, which no one discusses anymore, thereby relegating the problems of millions of women, elderly people and children, the victims of an embargo as arrogant as it is wicked, to oblivion.
I do not know what Syria and Israel will want or be able to do in reality, but I do know that our institution can do a lot and it is time that it attached the same importance to peoples' lives as it does to the ballasts of the cold, colourless, artificial neon bulbs in our lamps, which can illuminate houses but not the world in the third millennium.
Mr President, the Israeli author, Amos Oz, managed to capture very aptly the icy atmosphere at the negotiating table between the Israelis and Syrians recently.
He was under the impression that the Syrians thought that, in exchange for the Golan Heights, all they had to do was to fax the Israelis a receipt.
Oz' s impression is also echoed in the Israeli press. It contrasts Prime Minister Barak' s personal peace efforts and the distant attitude, even physical absence, of the strong man of Damascus, President Assad, at the negotiations in the United States.
Surely Assad would be Barak' s ideal negotiating partner and not the Foreign Affairs Minister.
And the Israelis were certainly not impressed by the discourteous behaviour of Minister Farouk al-Shara in Shepherdstown.
His behaviour towards Prime Minister Ehud Barak was plainly insulting.
But why pay attention to such detail as basic diplomatic niceties in the face of a tough negotiation process over territory?
Well, the Syrians are quite possibly cutting off their nose to spite their face. At the end of the day, Israeli voters can still express an opinion on the return of the Golan.
All the resolutions submitted express the sincere wish for greater European involvement in the peace process.
It is, however, very much in doubt whether Brussels can make available the billions of dollars which the Israeli and Syrian authorities require from their peace patron, the United States, not to mention the heavy, equally costly, security guarantees in case of an Israeli withdrawal from the Golan.
I would like to finish off by asking the European Council and Commission a question.
How accurate are the press reports which state that the Portuguese Presidency has already pledged troops as a peacekeeping force in the Golan?
Mr President, the truth is that the news of the indefinite suspension or delay of the talks between Syria and Israel is not good news, but nor is it good news that the day before yesterday there was another bomb attack which injured 16 people.
It is clear that, for once, the United States has not been able to secure progress on the restarting of these negotiations, and it is true that the obstacles are difficult to overcome: the Syrians wish to regain sovereignty and jurisdiction over the Golan Heights and re-establish the borders which existed before 4 June 1967, while the Israelis wish, since they consider that it suits their situation better, to have the borders which were set in 1923.
The suspension of the talks between Syria and Israel is not the only delay affecting the peace process in the Middle East.
The application of the framework agreement between the Palestinian authorities and Israel is also suspended at the moment.
After the talks which took place the day before yesterday between the Israeli Prime Minister and the Leader of the Palestinian Authority, the Israeli Prime Minister requested a delay of two months as from 13 February, the deadline for the implementation of the framework agreement on the situation in the West Bank and the Gaza Strip.
What can the European Union do in these circumstances?
Unfortunately, very little.
It naturally has to support these negotiations, sponsored by the United States; contacts have to be increased; the presence of the European Union envoy, Ambassador Moratinos, who has fulfilled his mission with great diligence and efficiency, within the powers of the European Union, is positive.
But none of this hides the fact that there is a certain sense of impotence, because when the negotiators from each side fly back to the United States this weekend, we will have to remember that, for every 100 dollars spent on the peace process in the region, 60 are contributed by the European Union.
When we consider that a conference will soon be held in Moscow, it becomes clear that the European Union' s presence in this peace process is somewhat pitiful.
I would like to insist to the Portuguese Presidency that we must play a greater role, that it is time to take over and to secure greater participation for the European Union in this process.
I hope that the forthcoming visit by the President of the European Parliament to the region, as well as the presidents of the relevant interparliamentary delegations, will begin an era of greater initiative and a greater presence for the European Union in this complicated and difficult peace process.
Mr President, Mr President-in-Office of the Council, Commissioner Patten, I should like to thank you for your statements, especially Commissioner Patten, whose analysis I fully share and I shall not, therefore, repeat any of his ideas.
I should just like to make three comments which Commissioner Patten will perhaps see as similar but which, for various reasons, a Member can formulate more openly.
First, I believe that we can welcome the agreement between Israel and the Palestinian authorities.
But we have enough agreements now: Oslo, Wye Plantation, Sharm el-Sheikh.
We have enough agreements; they just need to be implemented.
However, in this regard I share Mr Salafranca' s scepticism when he says that there has been bad news from Israel this week, namely that the Sharm el-Sheikh Memorandum cannot be implemented within the set timeframe.
My second point concerns the resumption of negotiations between Syria and Israel. I consider this to be very encouraging news.
But we have also learned this week that Mr Barak will not be travelling to Washington and that the negotiations cannot therefore be continued.
I should like to make it quite clear: if the Golan Heights are returned to Syria, the problem in this region will be solved.
On the question of the referendum which various Members have referred to: we must consider if a referendum always needs to be held in order to honour obligations under international law and under the law of nations.
In Germany, there would probably be dancing in the streets if we were to say that we were holding a referendum on payments to the European Union and we shall pay if the German people are prepared to pay.
That would be a similar situation.
My third and last point concerns the role of the European Union.
I should really like to stress the excellent role which Mr Moratinos' special mission has played in the region and the funding which we have provided there, Commissioner Patten.
You know that you will always have our support here in Parliament, and that includes your proposal, and we shall be behind you when the time comes to finance it.
But we must also play a political role and Mr Moratinos cannot play that role in this region on his own; the Presidency of the Council must take action, the EU High Representative for common foreign and security policy must travel to the region and we must do as the Russians did and invite the protagonists of the peace process ourselves.
Then we will have played the role which is commensurate with our participation and our contribution.
Mr President, Commissioner Patten, the recent peace talks begun in the USA between Israel and Syria mark a turning point in the history of the Middle East. It has taken fifty years to reach this point, which will involve some particularly difficult negotiations.
There will be no meeting today in Shepherdstown but we must hope, as Mr Patten said just now, that this postponement of the negotiations due to Syrian requirements will only represent one more step on the road to a peace agreement which will change the face of the Middle East.
This hope is contained in our motion for a resolution. We hope for a fair and balanced agreement based on respect for sovereignties and the right to live securely within safe and recognised borders.
All the foreign troops, including therefore the Syrian forces, must withdraw from Lebanon in accordance with Resolution 520 of the United Nations Security Council.
Dare we hope for an Israeli withdrawal from South Lebanon by July 2000, the date promised by Ehud Barak?
Dare we hope for a dual peace agreement between Israel and its neighbours to the north?
We really hope and believe so.
Never have the parties been so determined.
One fundamental point to be stressed is the balance which must be expressed in the message from Europe and which must exist between the people. There must also be a political balance between the participants in the negotiations.
Following the attack in Hadera on Monday, we must repeat our condemnation of any form of terrorism.
In terms of balance, or should I say imbalance, I must add that it is to be regretted that Europe is still playing a minor political role in resolving this conflict.
At midday, Mr Gama referred to the financial and commercial support provided by Europe to the region.
Despite everything, we are being forced to recognise that the resumption of the peace process is largely due to the work of Washington.
Like other Arab countries before them, the Syrians chose the Americans to sponsor the negotiations.
This was the choice also made by Israel where Europe suffers from a partisan public image, and this is a fact, not a judgement.
This is now the opportunity to reiterate to Mr Patten, Mr Solana and Mr Moratinos how much we are relying on their efforts to include Europe in the search for a peaceful solution to the conflict.
Although it is difficult for Europe to speak with one voice about the peace process, it can and must speak in the same spirit of confidence and solidarity.
The next item is questions to the Council (B5-0040/99) and the Commission (B5-0041/99), on behalf of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, on the 1999 annual debate on the area of freedom, security and justice (Article 39 of the TEU).
Mr President, 1999 was the year of the entry into force of the Treaty of Amsterdam, of the communitisation of the Schengen Agreement and of the Extraordinary Tampere Council.
These have been the most important moments in the Council' s expression of its political will to establish an area of freedom, security and justice in the European Union.
The Council has decided to draw up a charter of citizens' rights - and we rejoice in this; it has decided to implement Article 13 of the Treaty, combating all forms of discrimination and xenophobia, and it has decided to approximate the laws on conditions for admission and residence, as well as guaranteeing residents treatment which is fair and on an equal footing with the citizens of the Union.
It has also reached a political agreement - and we congratulate them on this - on the initial proposals for civil cooperation.
This has been the year in which policies on justice and home affairs have been provided with a Community framework. They have been put into the hands of a single Commissioner, Mr Antonio Vitorino, and we congratulate them on this as well.
Furthermore, they have taken on the task of creating a "scoreboard" to verify the progress made in this area at Community level, but also - and this seems to me to be important - at the level of the Member States.
We are pleased about this and we congratulate the Council on these decisions, despite the fact that, for this House, the Treaty of Amsterdam included one disappointment: that of delaying, for five years, our role, our ability to participate actively, to democratically control this area of freedom, security and justice, as well as the role taken in it by the Court of Justice.
However, if, on verifying the progress made during 1999, which is within the competence of this Parliament in accordance with the Treaty, we leave behind the stage of great declarations and look at the decisions actually taken and carried out, the scene looks considerably darker, Mr President.
It is as if the Council had more than one face and two hands and what one signs up to, the other begrudges.
Despite all the commitments made at the highest level, the Council did not manage to take the decisions which it had envisaged.
Programmes multiply and overlap and there is no way of ascertaining levels of implementation and effectiveness or, at least, this Parliament is unable to do so.
We have presented the Council with a series of questions and I know that it is the will of the Portuguese Presidency to answer each and every one of them.
We hope that this presidency will mark the beginning of a change of attitude on the part of the Council towards this Parliament.
I said that there was no consistency between the decisions taken by the Council and the policies actually carried out.
There are doubts in my Group and doubts also persist in this House, for example, about something which should be good news: the incorporation of the Schengen Agreement into the Community framework.
Schengen has been incorporated, as we said earlier, into the acquis, but it has been done with very little transparency.
Not a single piece of information, nor a single consultation, has been addressed to Parliament during this process; neither on the association of the United Kingdom, nor on the incorporation of Greece, nor on the negotiations with Norway and Iceland.
The same is true with regard to immigration policy.
We have amused ourselves with a pile of reports, but we have no idea what has happened to these initiatives; they have disappeared.
We hope that 2000 will be the year for action, in the same way that 1999 was the year for expectations.
We hope that the Council will also make an effort to subject itself to the control of this Parliament.
The Council has decided that justice and home affairs policy must form part of the structure of the Union. The Council can act in accordance with Parliament' s decisions, or it can continue to miserably begrudge its association with the other institutions in this vitally important project.
If it chooses the second approach, it must be aware that this presents risks and that it will weaken the basis on which the area of freedom, security and justice is built.
Alternatively, it could accept the offer of an agreement amongst the institutions, in order to move forward in another way.
Fulfil your obligations to Parliament in a generous spirit, thus preparing for the future.
Provide the Commission with the necessary resources and recognition essential for it to carry out its work and for it to verify the real progress made at Community level and at the level of the Member States, and we will be - and the Council will be - able to deal with the decisions made at Tampere and move towards a Union which is freer, more just and more secure.
Mr President, Commissioner, ladies and gentlemen, as I do not have a background as a Member of the European Parliament, you will understand that it is even more moving for me to be here than it is for my colleague Fernando Gomes.
As Mrs Terrón i Cusí said in her speech, 1999 was a year of great expectations in the field of justice and home affairs - an expectation realised with the coming into force of the Treaty of Amsterdam, an expectation realised with the conclusions of the Tampere Council, and a fundamental expectation, as from this year, that will be realised in the form of specific actions.
We are all aware that, to this end, it is essential for the Council to approve, as quickly as possible, the scoreboard which Commissioner Vitorino has the remit of establishing. I must stress once again the Portuguese Presidency' s earnest desire for political agreement to be reached on the scoreboard at the informal Council in Lisbon on 3 and 4 March.
Turning to the specific questions that Mrs Terrón i Cusí has put to us, I shall group them into three basic areas: the fight against organised crime, the operation of the Judicial Network, particularly as regards criminal matters, and questions on Europol.
Regarding the fight against organised crime, 1999 marked the implementation of several important actions stemming from the Vienna action plan, which resulted in the signing of the Charter of European Professional Associations, in developments in cooperation and in establishing points of contact between the Member States for receiving information relevant to the fight against money laundering.
And I must not forget the Finnish Presidency' s proposal for a Council decision which is being considered in the Multi-disciplinary Group.
This is an area in which we must carry forward and intensify our work, not just by securing approval for the EU strategy for the fight against organised crime in the new millennium, but also so as to overcome the difficulties associated with the divergence of views that exists, particularly at Council level, on issues concerning the fight against organised crime. With this in mind I must emphasise the importance we attach to the cooperation we are already establishing with the French Presidency, with the aim of organising a Jumbo JHA-ECOFIN Council.
If this is not to be a mere media event, it will need to be carefully prepared by a joint committee, the composition of which the Portuguese Presidency has already proposed.
Our relations with third countries represent another important aspect of the fight against organised crime.
Here, in addition to the work being done in the group of experts on the Pre-Accession Pact, it is important that it has proved possible to draw up a joint action plan for the fight against organised crime between the European Union and the Russian Federation, a plan which is now being finalised, and to organise meetings of liaison officials from the Member States, in Moscow, and to develop a set of further initiatives.
Another area is EU involvement in the United Nations Convention against Transnational Organised Crime and its various protocols, and in the conventions being prepared in the framework of the Council of Europe, in particular on cyber crime.
As this is an issue which has become important in the justice and home affairs programme, the presidency believes that it is worthwhile, bearing in mind the principles of Chapter VI of the Treaty, to explore suitable means of providing the European Parliament with improved information on the progress and conclusion of these negotiations under the United Nations Convention.
With regard to the Judicial Network, significant progress has been made, in particular the launch at the end of 1999 of the dedicated telecommunications system of the European Judicial Network, whilst the Multi-disciplinary Group has developed a series of actions to implement the 1997 action plan.
However, we must stress that it is vital for approval to be given as soon as possible to the strategy for the new millennium, so as to give a fresh impetus, while preserving continuity, to the work done under the previous action plan.
Still on judicial cooperation, considerable progress has been made on the legal protection of the euro, and the European Parliament is being consulted on a framework decision which is of fundamental strategic importance.
We believe that if legal protection of the euro is to be credible, we must avoid having a multiplicity of instruments, and we should accordingly make a combined effort in March to approve a single instrument covering all necessary aspects, including those featuring in initiatives already presented by France and those whose adoption the Commission itself has called for.
It is important in this field to implement measures relating to the mutual recognition of judicial decisions, and we believe that on the basis of work already done, it will be possible, at least in the field of seizure of assets, for measures to be adopted in the near future to provide for mutual recognition of judicial decisions.
Lastly then, Europol, which started its work in 1999. The Council approved a set of instruments, with which Parliament is familiar, to make Europol' s operations viable but, of course, the fundamental issues of democratic control and judicial control of Europol still remain, and these are issues which have naturally taken on a new dimension in view of the political decision taken in Tampere to reinforce Europol' s powers and, above all, to give it an operational dimension.
The French Presidency has passed an important working document to us which sets out various scenarios for addressing and resolving the issues of democratic control and judicial control of Europol.
The Portuguese Presidency will shortly be presenting a working document on the Eurojust network, since although it is not obviously necessary for judicial control of Europol to be a matter for Eurojust, this option cannot be ruled out at present.
For this reason, it is essential that the Council' s debates on the future of Europol and Eurojust should be conducted in parallel, so that conclusions can be reached in parallel also.
I believe that in this context, and in the context of the dialogue that the Council and Parliament will have to establish on the future of Europol and Eurojust, it will be possible for us to find an acceptable institutional solution to the relationship between the Council and Parliament with regard to Europol.
We are familiar with Parliament' s views and we know that Parliament is aware of the views of the Council' s legal advisers.
I believe that it will be possible to find a definitive solution to this question as part of the process of resolving the issue of democratic control of Europol, and that this solution will encourage and reinforce institutional cooperation between all parties involved.
Mr President, Members of the Council, ladies and gentlemen, first of all, without wishing to compete with the Ministers as regards emotions, I have to say that I am not moved, rather I am disturbed to have two personal friends in the presidency for the first time, and I just hope that this fact will not alter the separation of powers which is essential for the proper functioning of the Union!
I would also like to thank Mrs Terrón i Cusí for having asked the question which has given rise to the first annual debate of this parliamentary term on the establishment of an area of freedom, security and justice, and to thank all the Members who, in their various committees, have actively participated in preparing this annual debate. I would also like to thank the representatives of the national parliaments and of civil society.
In this first speech, I would like to share with Parliament the Commission' s view of the most important events in 1999.
I believe that I can say with conviction and also with satisfaction that 1999 was both a turning point and a year of consolidation by the Union on issues of freedom, security and justice.
It has already been mentioned that the Treaty of Amsterdam came into force in May and this Parliament stated that the most far-reaching innovation in this Treaty was its recognition of the need to establish an area of freedom, security and justice.
At the same time, it also represents a quantum leap in qualitative terms, and a logical and vital step in the development of the Union, in the wake of the establishment of the internal market, the introduction of the single currency and the launching of a common foreign and security policy.
This project is not so much a project of the institutions as a project of the citizens of our common Union.
And it will therefore be necessary to guarantee genuine freedom of movement to all citizens residing in the territory of the European Union, recognising that this is only meaningful if it is rooted in a secure base, with solid foundations in an effective judicial system to which everyone can have easy access, on equal terms, and in which our citizens can have real confidence.
The Union' s commitment to establishing an area of freedom, security and justice was confirmed at Tampere.
I would like to emphasise the strong political message sent out by the European Council, reaffirming the importance that the Heads of State and Government of the Union attached to a fundamental project, together with various political guidelines and priorities which will turn this area into a reality, following a progressive strategy, within a time-frame of five years, and that, above all, the three components of this area should be in balance: freedom, security and justice.
1999 was also marked by the German Presidency' s initiative to draw up a European Charter of Fundamental Rights.
I believe that at the present stage in the European Union' s development, it would be appropriate to bring together the fundamental rights in force at European Union level in a charter, so as to make them as visible and accessible as possible to our citizens.
As I have already said on a number of occasions, I am in favour - the Commission is in favour - of drawing up a charter which would reflect, on the broadest basis possible and as part of a dynamic process, the common constitutional traditions of the Member States and the general principles of Community law, rather than being a mere statement of the lowest common denominator.
In my capacity as a representative of the Commission, I will ensure that the charter and the actions stemming from it represent an affirmation of a Union based on a set of fundamental rights which are an integral part of Europe' s common heritage.
That is the only way in which we can help to restore the legitimacy of the project of an enlarged European Union in the eyes of every European citizen, an enlarged Europe based on respect for rights and freedoms, with a guarantee of personal safety and safety of property and with effective legal protection, in other words, a Union rooted in the political values which underpin contemporary democracies.
I must not overlook the fact that 1999 marked the beginning of the 1999-2004 parliamentary term of the European Parliament, that it was the year in which the new Commission took up its duties and, as a consequence, the year in which a Commissioner solely responsible for the areas of justice and home affairs assumed his responsibilities.
In addition to these events, I would like to remind Parliament of some items that were approved in 1999.
In the field of immigration, borders and asylum, the Commission presented a proposal for a regulation on setting up the Eurodac database, and a proposal for a directive on conditions for admitting third country nationals into Member States of the European Union with a view to reuniting families, as part of a vigorous policy of integrating legal residents in the territory of the European Union.
We also presented a communication on common procedures concerning asylum and a recommendation for a decision authorising the Commission to open negotiations with Iceland and Norway on an agreement designed to extend the rules applied by the Member States of the European Union under the Dublin Convention to those two countries.
The Commission made an active contribution to the work of the High Level Group on Asylum and Migration, and ultimately, in December, it presented a proposal aimed at establishing a European refugee fund.
In the field of judicial cooperation, the Commission presented proposals for regulations aimed at the "communitisation" of certain conventions. These were the convention on judicial cooperation and the enforcement of judgements in civil and commercial matters (Brussels I), the convention on jurisdiction, recognition and enforcement of judgements in matrimonial matters (Brussels II), and a third convention concerning the service of judicial and extrajudicial documents in civil or commercial matters.
In 1999, we also presented a communication on victims of crime in the European Union, which led to discussions that were given greater impetus at Tampere. This communication called for minimum standards for protecting the victims of crime, in particular as regards their access to justice and their rights to compensation, including the cost of justice.
We also presented a proposal for a decision on combating fraud and forgery of non-cash means of payment.
In the field of European Union legislation on combating financial crime, the Commission presented a proposal for an amended directive on money laundering.
In 1999, Europol took up its duties and we in the Commission, echoing the Portuguese Presidency' s statement today, sincerely hope that as we enter a new era in justice and home affairs and discussions start on the implementation of new powers attributed to Europol under the Treaty of Amsterdam, there will also be a discussion of democratic control and of the links between Europol and the relevant judicial institutions, and in particular Eurojust.
In 1999, the Commission also presented its contribution towards a European action plan to combat drugs, which underpins the strategy approved by the Helsinki European Council.
This list of actions, which is not exhaustive, should, here today, in the presence of the Council Presidency and of the Members of this House, help to make it clear that, while 1999 was a year of consolidation for EU action in this key area, it also - I very much hope - represented the start of a new phase, marked by the desire to speed up the establishment of an area of freedom, security and justice.
For this reason, 2000 will no doubt be a year for testing how the EU' s institutions respond to our citizens' demands for guaranteed freedom of movement, with respect for their rights and guarantees of security and stability though appropriate judicial protection.
In other words, 2000 will be a test of the political will to take Amsterdam seriously and to help to build the foundations for an enlarged political Union for the next decade - a test for the Council, for Parliament and for the Commission.
As I have already said, the Commission is aware of its own responsibilities and it is accordingly putting the finishing touches to an initial proposal for a scoreboard so that the institutions and other interested parties can assess the progress made in implementing the required measures and in complying with the deadlines set down in the Treaty of Amsterdam, in the Vienna action plan and in the conclusions of the Tampere European Council.
This scoreboard will not just be a mere instrument of legislative planning. It will also, and above all, be an instrument for increasing transparency and increasing the accountability of all the European Union' s institutions towards the public.
It is for the public, therefore, that we are developing the area of freedom, security and justice.
The progress made will not be due to the Commission nor to the Council, nor even to the European Parliament, but to a combination of European institutions and to the Member States themselves, in as much as - as has already been pointed out here - specific tasks on the scoreboard will be entrusted to the Member States under the principle of subsidiarity.
In the coming weeks, I shall be making a tour of capitals to sound out the opinions of the various ministers for justice and home affairs.
I hope to have a debate with the European Parliament and with civil society on this scoreboard project.
And we hope, during the Portuguese Presidency, to present the final version to the Justice and Home Affairs Council, taking account of the soundings that I have just mentioned.
It is my intention that this scoreboard should become an instrument providing political and strategic guidance to all the institutions, and that it should also be an instrument for public scrutiny.
For this reason, and I believe that this is a challenge we are all facing, I recognise the need to develop a communication strategy which will allow us to make the real added value which the Union brings to daily life accessible and visible to the public at large - in areas which are essential for citizenship, for legality and, ultimately, for democracy itself.
In addition to the scoreboard, I would like to anticipate the following initiatives that the Commission intends to present during 2000 - and I would like to emphasise that I am delighted the Portuguese Presidency is treating progress in the area of freedom, security and justice as a priority in its work programme.
I hope that in conjunction with the Portuguese Presidency it will be possible to achieve a clear spirit of interinstitutional cooperation, which is also the political message of Tampere, and that this spirit of interinstitutional cooperation will be carried forward by subsequent presidencies.
Regarding immigration and asylum, the Commission intends to present proposals for creating a Community instrument on the temporary protection of refugees; to initiate an analysis of criteria and conditions for improving implementation of the Dublin Convention and consideration of a possible change in its legal basis, in accordance with the Treaty of Amsterdam; to continue the debate on the basis of the communication already published concerning standards for a common asylum process throughout the Union; and to present proposals with a view to preparing legislation on the granting of residence permits to victims of trafficking in human beings who cooperate with judicial action against networks of traffickers.
I also intend to contribute to the process of clarifying the role of action plans as part of the work of the High Level Group on Asylum and Migration, and to make progress in adapting Community agreements in the field of readmission by including standard clauses.
Furthermore, on the subject of crossing the external borders of Member States, which is a central issue regarding the free movement of persons, I shall, in the next few days, be presenting a proposal for a regulation updating the list of third countries whose nationals are required to hold visas for crossing the external borders.
Turning to judicial cooperation, in addition to an initiative on the law applicable to non-contractual obligations, I sincerely hope that it will be possible to present to the Council a proposal for minimum standards ensuring an appropriate level of legal aid in cross-border proceedings.
I also intend to continue discussions on the preparation of specific common procedural rules for simplifying and speeding up cross-border judicial proceedings relating to small commercial and consumer claims, alimony claims and non-contested claims.
As a follow-up to the Tampere and Helsinki conclusions, the Commission will be presenting its contribution to the preparation of a European Union strategy to combat organised crime.
We will be organising and supporting actions including, in particular, the debate on the need for a legislative programme on implementing mutual recognition of judicial decisions in criminal matters.
The Commission also intends to present specific measures in the field of crime prevention, so as to encourage exchanges of best practice in this area, and in particular the prevention of urban and juvenile delinquency; we further intend to present a legal basis for a programme financed by the Community for this purpose.
The Commission will also support the presidency' s efforts to clarify the judicial framework and the framework for police and judicial administrative cooperation in the fight against money laundering, an eminently cross-pillar issue.
The Commission will fulfil the remit given to it at Tampere to present proposals for approving definitions, criminal charges and common sanctions in the field of trafficking in human beings, economic exploitation of immigrants, and sexual exploitation of woman and children, with special emphasis on combating the use of new means of communication, notably the Internet, for distributing child pornography.
We are also preparing a communication to instigate a debate on means of ensuring greater security in the information and knowledge society and in combating computer crime.
The year 2000 also marks the start of the implementation of the European Union Drugs Strategy 2000-2004.
In this field the Commission, in conjunction with the Portuguese Presidency and the European Parliament, will give its full support to the Interinstitutional Conference to be held on drugs in February.
With regard to Schengen, without wishing to trespass on the territory of the Council, or more precisely the incorporation of the Schengen acquis into the Community framework, I would like to stress, on the topical subject of restoring border controls, that the Commission wishes to reiterate its willingness to ensure greater control of the application of Article 2(2) of the Schengen Convention in order to reinforce its authority.
The recent restoring of certain internal border controls leads me to believe that we need a detailed analysis of the conditions for adopting a legislative instrument based on Article 62 of the Treaty.
As was emphasised at Tampere, and as part of our preparations for the Feira European Council in June 2000, we will have to prepare a summary of the implications of the new external dimension of justice and home affairs with a view to adopting cross-pillar policy strategies, which strengthen the links between the Union' s internal and external policies in this field and help to uphold the Union' s position on the world stage.
Nevertheless, I must make it clear that all these actions will, of course, have to take into account the principles agreed at the Helsinki European Council concerning applicant countries, so that those applicants can cooperate and also be associated as quickly as possible with this project of creating an area of freedom, security and justice.
Furthermore, it is important to remember that 2000 will see the start of the justice and home affairs negotiations with the first group of applicant countries and I anticipate that we will be in a position to make substantial progress in preparing the negotiating dossiers on the second group with which it was agreed to open accession negotiations at Helsinki.
Lastly, I would like to state once again that the Commission intends to be in the pole position in presenting proposals for implementing the Treaty of Amsterdam.
I hope that the Commission and the Council can reach agreement on their respective roles in exercising their right to initiatives and in carrying forward the legislative process itself.
As I have told Parliament, the task before us is immense and ambitious, and the Commission needs to have the necessary human resources to respond to this challenge. We hope that we can count on the support of Parliament, and - why not say it - of the Council to secure these resources and to achieve these objectives, so that the establishment of an area of freedom, security and justice becomes a reality as soon as possible, thus allowing us all to contribute, in a spirit of interinstitutional cooperation, to the realisation of this project, which is, without a doubt, the "jewel in the crown" of the Treaty of Amsterdam.
Mr President, having devoted itself over the last 40 years to establishing a common internal market, the House now faces the major new task of creating an area of freedom, security and justice, a task which we will only be able to master successfully if all the institutions of the Union work together towards this ambitious goal with mutual respect and consideration for each other' s competence.
Commissioner Vitorino, although I would describe cooperation with you as harmonious and profitable, words have often failed me in the past when faced with the conduct which the Council has demonstrated towards us.
It looked, as Mr Schulz once aptly said in committee, as if the Council understood the area of freedom, security and justice to mean an area in which the Council has free rein, security from Parliament and the right to do and order as it will.
Minister Gomes, I have, of course, heard what you have said and I hope that cooperation will clearly improve in this respect during the Portuguese Presidency.
I should like to raise three points which for us, as Members of the PPE Group, must be focal points when such an area is created.
First: a common asylum law must be created and the burden of absorbing refugees must be distributed.
The Council must start by at long last ensuring that EURODAC is adopted in order to create the basic requirement for classifying asylum seekers.
As far as a European asylum law is concerned, a start was in fact made at Vienna and Tampere.
Unfortunately, however, it has highlighted the difficulties rather than proposing solutions.
I therefore call on the Council representatives to look beyond their national boundaries and bring about a uniform asylum procedure for the whole Union.
Similarly, it cannot be right for just a few Member States willing to provide help to bear the entire burden of refugee misery on our continent.
Agreement on burden sharing must therefore be at the top of the agenda.
Secondly: the introduction of a Europe-wide fight against organised crime, including by Europol and Eurojust.
The planned introduction of Eurojust is one of our significant successes from Tampere and must now be implemented forthwith.
We welcome the fact that Europol has finally been able to start work.
However, the Council should also bear in mind that, if we are to improve the effectiveness of the fight against crime, we do not only need to widen Europol' s remit, as decided at Tampere; we also need to increase the number of officers and extend its remit to operational activities.
We are not just calling for more control, and more control over Europol; our motto here is "Less is sometimes more!"
With most of Europol employees currently engaged in self-control for the purposes of data protection laws and questions being asked by 15 national parliaments, we may have a great deal of control, but it is inefficient control.
We want less confusing control and more parliamentary control by the European Parliament, without hampering the work of Europol.
At the same time, we support the establishment of a European police academy as suggested in Tampere as a step in the right direction.
Thirdly: the extension to Parliament' s rights in this context.
If the establishment of such an area, in which the Union can also intervene in the basic rights of the citizens, is only decided by diplomats and bureaucrats, while the elected representatives of Europe are reduced to following developments like a rabbit watching a snake, then this area will not gain the acceptance of the citizens.
There is therefore an urgent need to grant Parliament codecision rights in this respect and, as we have already said, to strengthen the principle of democratic control.
We want an area of freedom, security and justice for the citizens of Europe, not against them.
Mr President, I have nothing further to say to the Council.
The previous speaker has quoted me from the last committee meeting and said it all!
Why does the Council find it so hard to work with us in creating an area of freedom, security and justice?
I find this question more and more worrying.
Allow me to try and elucidate it a little from my point of view.
The establishment of an area of freedom, security and justice hovers at the interface between the constituent elements of national sovereignty.
The police and judicial policy are quite clearly elements of sovereignty, in other words sensitive political areas in the Member States, and shifting the interface of these and communitising these policies, i.e. delegating powers from the national capitals, from Lisbon, Berlin or Paris, to Brussels represents a transfer of power.
Of course it is very, very difficult to break away from the executive forms which have been handed down to us, even if we recognise that police cooperation is necessary; we can only fight international crime at European level.
So we have to draw our conclusions and say that we need legal and organisational communitisation of the instruments available.
As a result, the governments which need to do this and which recognise that need, also realise that, in implementing this, they are taking away their own powers.
Then there is the European Parliament, which is also complicated.
In the final analysis, however, we must find a way forward, because if we carry on as we have in the past, and with last year' s experience, then what will happen is that the security debate and the debate about citizens' rights will be marginalised in the national parliaments as a result of making it a half national, half European structure. It has not quite taken off in the European Parliament and the Council meets behind closed doors.
If the establishment of an area of freedom, security and justice is kept secret, then we shall not win the citizens over to it.
In other words, the stability of democracy is at stake if we discuss it.
This is why I frequently get so worked up, but not over the Council of Ministers.
Generally, they too are elected Members of Parliament: Mr Gomes, Mr Costa, Commissioner Vitorino, in principle we are all in the same boat.
However, I should like to make an appeal to the Council apparatchiks.
The following principle applies: He who prepares decisions, in this case the Council apparatchiks, anticipates the decisions, which is why the Council apparatchiks should demonstrate more democratic spirit.
I should just like to mention another aspect briefly because I do not have much time.
Scoreboard sounds like skateboard in German.
I say therefore that we need a timetable which stipulates what must be implemented, when and by whom.
This Vitorino plan is what we need: clear, precise projects with a clear, defined timetable.
Mr Vitorino, whom I would like to thank for his speech, can give us that, provided that he has the necessary financial and human resources.
Let us give him those resources, then he can get on with his job and we all stand to gain.
I warmly welcome the fact that the Portuguese Presidency is making justice and home affairs one of its top priorities or jewels in the crown.
I was also encouraged by Commissioner Patten' s comments this morning about a rapid reaction fund for security crises. Perhaps that will end scandals like the failure of states to deploy in Kosovo the police they promised.
I just want to highlight three areas among many where we need quick progress.
The first is asylum.
It is essential to establish a single European system, but one based on fairness, full respect for the Geneva Convention and decent reception conditions, including an end to routine detention.
Decisions on asylum should take months - not years.
The second area is that of freedom: freedom to move and reside wherever one wishes in the Union; freedom of information; freedom to vote for all who have European citizenship - and that includes not just Member State citizens but third country nationals.
Let our citizens know that our common policies in justice and home affairs are about freedom, not just about repression.
The last area I want to mention is convergence of civil and criminal justice systems.
Eurosceptics claim that this is a threat to sovereignty, the end of the nation-state, and so on.
But the case of the suspect wanted for questioning in connection with the murders of three women in France, including British student, Isabel Peake, who was thrown off a train, shows why we need mutual recognition.
Arrested and released in Madrid, he is now being extradited after arrest in Lisbon.
Whatever the Eurosceptics say, it is in all our interests to get cooperation in such matters.
Finally, as has already been said, it is essential, and I hope that the IGC will cover this, to move to codecision with the European Parliament in these areas, with democratic and judicial scrutiny.
Mr President, all I can say about 1999 is this: how wonderful to feel the Portuguese summer after the Finnish winter.
I hope that it works out.
The Tampere Summit was certainly an important milestone in 1999 for Europe, and for the area of freedom, security and justice in particular.
Numerous questions are still outstanding. Answers are still awaited.
Since Tampere, there has been an imbalance between positive action and mere declarations of intent.
Regulations on nationality and the integration of people from third countries are still outstanding.
On the other hand, quite specific action has been called for on the subject of safety of life.
The creation of a Charter of Fundamental Rights will be one of the important projects in the immediate future.
However, it is difficult to predict what the content of this charter will be and how it will be implemented legally when you think of the people who are not currently citizens of the Union.
The Europol agreement has now officially entered into force.
In Tampere, the question of granting operational powers was discussed.
We continue to demand a review of the agreement in order to incorporate better parliamentary and judicial control.
The agreement also attracts criticism with regard to EURODAC.
Parliament has amended the contractual text.
Care must be taken to ensure that the Council complies with Parliament' s modus operandi.
Unfortunately, no initiatives have yet materialised regarding other matters and we still await them.
Europe as an area of freedom, security and justice has so far been an area with no clear regulation in important sectors.
And yet we owe this to the citizens of Europe.
Having listened to the justice and home affairs ministers, I am optimistic and I am assuming that we will succeed in the next six months.
Mr President, Commissioner, the oral question tabled by Mrs Terrón i Cusí shows that this House is taking a firm stance. Indeed, six months after the election of this new Parliament, we should now be able to send a firm political message to the people of Europe.
I believe that the Portuguese Presidency can contribute positively to this.
We are all aware of the enormous expectations of our people with regard to freedom, security and justice, particularly social justice.
Yet their lack of interest and involvement and sometimes even their distaste for all things political requires us to take specific action to tackle their problems.
This is the sine qua non condition for reconciling the popular and political spheres.
For Europe to become the symbol of peace and fraternity, we need a bold and generous policy to come to the aid of the most disadvantaged.
A proper plan for fighting unemployment must be established for this is the scourge which is allowing the rise of racism, xenophobia, nationalism and extreme-right racist movements.
We should remember that the most disadvantaged include immigrants and refugees.
The virtually systematic conditions of detention and the criminalisation of asylum-seekers are no longer acceptable.
All asylum-seekers must be entitled to a fair hearing and an appeal with suspensory effect.
Last week, and somewhat by chance, I witnessed, at Roissy airport, a scene of rare violence in which two young women, admittedly illegal immigrants, were being returned to Conakry.
They were treated like the worst criminals.
They were stripped naked and dragged along the floor by their hair, surrounded by a horde of state security police.
The Portuguese Presidency must put an end to this type of barbaric behaviour.
Our role should be to accompany, reassure and assist those who are fleeing dictatorships.
The Commission has proposed creating a European fund for refugees to which Parliament was favourably disposed.
Instead of all this waffling about the budget granted to this fund, we could take the decision to set this up.
The Presidency and the Council can realise what was incomprehensibly rejected in Tampere, even though this summit provided an important basis.
Likewise, we cannot simply record the rise in xenophobic feelings in Europe and the increasingly common discrimination without taking wide-ranging action.
The laws against racism must be harmonised.
What direction do you intend to give to Article 13 of the EC Treaty?
What do you intend to do to promote equal treatment in wages for men and women?
How do you aim to eradicate homophobia, racism and sexism?
We must take the best from each of our countries.
When six European countries have granted the right to vote, the President of this House can venture to extend this right to vote, and eligibility to participate in the municipal and European elections, to all people from outside the Community who have lived in Europe for more than five years.
The regularisation of illegal immigrants in certain countries, including your own, must act as an example to others. These illegal immigrants nowadays constitute a plethora of vulnerable people at the mercy of slum landlords, an oppressed workforce subject to economic exploitation, rendering them modern-day slaves.
In more general terms, this Presidency must start to change the behaviour and interaction of our people with minority groups and immigrants.
Immigration is too often a synonym for insecurity and violence and purely repressive responses.
How do you intend to make our people understand that, today like always, immigration is a source of social and cultural wealth with a role which is, and will remain, essential in the context of population?
What action do you intend to take to enhance the place of immigrants in our society and to guarantee proper protection for asylum-seekers?
Mr President, there is a great lack of transparency in the area of security, freedom and justice.
The European Union is an economic powerhouse but we are not in a position to pontificate when it comes to our treatment of refugees.
The level of racism in our society is terrifying.
Ireland, for generations, sent her sons and daughters to places of safety throughout the world, but now when the Celtic tiger is providing wealth and prosperity beyond our expectations, we are showing a very ugly side to our character.
Racism in Ireland is endemic.
It has been a relative shock to our political leaders to find we must now take a share of the refugees that have been coming into the European Union for a long time.
We are coming from behind in dealing with the issue and the government is doing its utmost to catch up.
There is a willingness but fear pervades, and to assuage this fear we must find political and religious leadership not only in Ireland but throughout the European Union.
Mr President, we take note that the excuse-making, reticent Presidency, which, in recent months, has prevented us from holding a debate such as the one we have been able to hold today, has come to an end.
I totally agree with Mr von Boetticher and Mr Schulz' s remarks, and truly believe that the European Parliament and the Court of Justice need to be more involved in the area of freedom, security and justice, without having to derogate from their own powers.
Nevertheless, to avoid the customary circus, which every six months has us indiscriminately attacking the Presidency of the Council, maybe Parliament should find the courage to undertake incisive political action so that the next Intergovernmental Conference will decide to increase codecision with immediate effect and not wait for another five years.
The two identical-sounding questions which are under discussion are, of course, underpinned by a mantra of the kind which, in recent years, has increasingly transformed politics into a type of ideology - fine-sounding, but pernicious.
And our current EU mantra is AFSJ: Area for Freedom, Security and Justice.
Behind this lies another ambition on the part of the Commission and of the Council and of the overwhelming majority of this House, namely to introduce such an area.
And who is not in favour of security, freedom and justice?
The problem is just that this is not something the EU can introduce by means of legislative decrees and other supranational resolutions.
Freedom, security and justice are the root system of any society, reflecting its history, corporate experience and political development.
A system of this kind is not something the EU can introduce without society' s sustaining damage as a result.
But it is precisely here that we find the real rationale behind the mantra concerning security, freedom and justice.
The agenda is not designed to secure justice for the citizen. That is already secured by means of the various national legal systems.
The agenda is designed to transfer vital parts of society' s criminal law, policy on crime and administration of justice to the EU' s control.
It is concerned with increased integration which, as part of a duplicitous package, involves increased repression and control.
You just have to think of all the resolutions concerning Fort Europa, Schengen, Eurodac etc.
Any democrat can spot two key problems.
First of all, the initiatives which have been planned are completely unrealistic.
How is it envisaged that the EU' s institutions, which are already stretched well beyond their capacity, can bring the ambitious projects concerned to fruition?
Think of last year' s deadly criticism of the Commission' s lack of propriety, ethics and accountability. It also, of course, finds indirect expression in the question.
But, secondly, the projects will put a strain on, indeed will be injurious to, the national democracies.
As long as the EU revolved around the internal market, only the body was being attacked. Now, it is the soul.
Mr President, today the people of Northern Ireland see a strange irony.
We had Commissioner Patten speaking in this House in defence of freedom, security and justice and yet his report before the British House of Commons this afternoon, which has been accepted, will do away with the Royal Ulster Constabulary and its reserves and put the people of Northern Ireland of both religious sections into the hands of the terrorists.
The IRA terrorists have not given up any of their weapons, nor have the loyalist terrorists, yet the police are being forced into a position where they will not have the power to resist the terrorist community.
Let me just look at the figures from the day that the agreement was signed.
In 1998, we had 55 murders. In 1999, we had 7 murders and that does not include the Omagh bomb where 29 were killed and 300 injured.
Between 1998 and 1999, loyalists assaulted and shot 123 people, while republicans assaulted and shot 93 people.
Charges brought against loyalists in 1999 totalled 193, while those against republicans totalled 97.
Since January 2000, there have been six shootings by loyalists and two by republicans, loyalists have been involved in six serious assaults, one leading to another murder, while republicans have engaged in five serious assaults.
Mr President, that situation cannot continue and needs remedying.
Mr President, the Treaty of Amsterdam has set an important objective for the Union.
This is a task which all MEPs, the Council and the Commission must take on during this legislature: the creation, as has been said already, of an area of freedom, security and justice.
The Tampere Council, the motor and architect of this objective, has proposed certain goals, but five years, the time scale laid down for the implementation of Chapter IV of the Treaty, is too long to wait for the urgent solution which some problems require.
My first point is that Parliament must not be excluded from the important decisions to be taken in this area and that its participation in the decision-making process must be guaranteed, especially with regard to this project which affects the citizens, as the Commissioner has explained very well.
My second point is that we must make rapid progress in the adoption of a common asylum system, adopting common procedural rules and, above all, putting an end to the current confusion between migration for political reasons and migration for economic reasons.
The recent laws on aliens adopted in my country, Spain, and in Belgium, are a reminder that there is an urgent need for the communitisation of immigration policy.
My third and final point relates to the external activities of the Union in the field of immigration and asylum.
We must not and cannot give the impression that the Union exclusively wishes to defend itself from an avalanche of refugees and economic migrants.
We must opt for a policy of cooperating in the development of our neighbouring countries in the East and the Mediterranean area, but we must do so with rigour, with economic means and in close collaboration with public institutions, which must cooperate in the protection of those citizens whose most basic rights are violated or who wish to emigrate in order to meet their most essential needs.
Finally, in relation to the Charter of Fundamental Rights, the citizens of Europe need to have a vision of citizenship.
The Euro, employment, even security, are not enough.
They need a 'European soul' , as a distinguished Spanish professor once said.
Mr President, unlike some of the previous speakers, I want to go back to the words of our Portuguese ministers and Mr Vitorino.
This trio's words were like music to our ears as Mr Ceyhun has said.
As with all music it needs to be a fine tune and properly orchestrated.
Many of us of here are very optimistic about the next six months.
The tune that will be played will be one that the people of Europe will be listening to and they will want to hear the right sort of tune.
As described this afternoon it will go a long way towards drowning out some of the unpleasant tunes we heard during the European election and over the last few months.
The Amsterdam Treaty and the Tampere Council built on this project for an area of freedom, security and justice in the European Union.
One area though is extremely important, and this House must be involved in it: namely scrutiny.
There is so much legislation - and I very much welcome the Portuguese programme that was outlined to us last week - but we need to be absolutely sure that it is scrutinised, that the people in this Parliament and the members of the national parliaments and the citizens of Europe are aware of everything involved in it.
And we must make certain that the details are applicable, appropriate and relevant to the different countries.
I should like to draw attention to some of the aspects of the resolutions before us this afternoon, one or two of which were referred to earlier on.
I welcome the movement towards the recognition of judicial systems in the various countries and the cooperation on crime.
That is an area that European citizens will respond to and will be happy about.
But the Commission and Council must know that there are many people in this House who have reservations about the Eurodac system, for example.
We accept the predominant role of the Council in this, but there are reservations and I am sure that the Council will listen to the words coming from the elected parliamentarians here when they go through it in more detail.
Mr Schulz said earlier on that he was not certain about the definition of 'scoreboard' .
Anyone who is English or British or follows cricket knows what a scoreboard is.
A scoreboard tells people the score; it has to be up-to-date and it has to be clear and visible.
I am sure that Commissioner Vitorino will make certain that is so.
At the end of six months I hope that the music is still playing and that the European people are still listening.
Mr President, I would like to welcome the President-in-Office and his colleague from the Justice Ministry, Mr Costa, and to thank them for the welcome they gave my committee in Lisbon last week and the constructive meetings we enjoyed.
Amsterdam and Tampere have given us much work to do together, as the excellent draft resolution by Mrs Terrón today shows.
I would like to make three brief points.
The first is that we need a mature dialogue between the Council and the European Parliament.
It is barely six months since Amsterdam imposed a duty on our two organisations to work together; we have been sizing each other up, we have had a few minor spats, but we need to work effectively together.
Let us stop the shadow-boxing.
Let us drop the elaborate charades and let us respect the duties that the Treaties impose on us and the timescales allowed for full democratic debate.
Involve us please in your discussions on both policy and process.
Let us not pretend that national parliaments are able to exercise effective democratic control of government activities in this area.
My second point is that we need a properly resourced Commission.
We have established a new Directorate-General, yet it has only 70 people all told.
There is an agreement to double this number, but I understand that, so far, not a single new person has arrived.
We are setting the Commission a massive task, not least in the drawing up of the scoreboard.
The Council and Parliament must work together to provide the resources that the Commission needs.
Finally, on the content of the debate, I welcome the fact that the presidency has put the area of freedom, security and justice at the top of its agenda.
All good things come in threes, especially in our policy area.
Two hundred years ago it was liberty, equality and fraternity, and things went along very well until the governments of the left raised equality above the others.
Now it is freedom, security and justice, and I hope that the current governments of the left will heed the words of Commissioner Vitorino and resist the temptation to elevate security, important as it is, above the equally important needs of freedom and justice.
Mr President, I would like to join my colleagues in welcoming the representatives of the Council as well as the Commissioner.
I thank them for their statements to the House.
Rather than go back over the areas that have already been covered I would like to deal with one specific topic: the question of drugs and how we tackle the pervasiveness of the drug culture in our societies.
I look to the Portuguese Presidency in particular to build on some of the tremendous work which was done by the Finnish Presidency in bringing forward coordinated plans and action between the Member States.
We already have, on the international side, plans in place to combat drug trafficking, money laundering and so on. But to bring it down to a more human level: to give assistance to those people who are trying to come off drugs, and give them proper controls and proper mechanisms for rehabilitation; secondly, to coordinate amongst the police forces and the judiciary with regard to common penalties and common laws; thirdly, to undertake an information and awareness campaign for young people; and once and for all to put an end to these very dangerous words of "normalisation" and "harm reduction" and show that any weakening of our resolve in making sure that drugs are not legalised must be for the good of all our people.
Mr President, I would like to use the few seconds of speaking time to which I am entitled to point out, or remind, the representative of the Commission that, in Belgium, the government is currently pursuing a policy under which thousands and possibly tens of thousands of illegal aliens are being legalised and are to receive permanent right of residence, right to be reunited with their families, etc.
This is a Belgian government measure which flies in the face of the Schengen Treaty.
I lodged a written complaint on the same subject to Commissioner Vitorino on 23 December.
I would ask him to take this complaint into consideration and inform me, within the foreseeable future, of the steps the Commission will take to penalise this violation of the Schengen Treaty by the Belgian State, in accordance with Article 226 of the Treaty.
Mr President, esteemed gentlemen from Portugal, especially the Council representatives, you face great expectations on our part.
I should like to give you an example of one way in which you can meet these expectations relatively quickly in at least one small segment.
I refer to Eurodac.
You will remember that we decided with great expectations here in the European Parliament in December that Eurodac would become a reality as a regulation and as a system, as a Community instrument which we urgently need in order to prevent multiple asylum applications, in order to have an instrument to fight illegality and, above all, in order to set out clearly which Member State was responsible for implementing the asylum procedure.
We voted clearly in favour of the introduction of this instrument, together with an implementation committee, which would be attached to the Commission in just the same way that a corresponding database would be.
We were of the opinion that EURODAC was becoming a reality.
Even in Tampere, we were of the opinion that Eurodac was becoming a reality.
However, the Council then took another direction at the very next summit in December and took a huge step backwards by deciding what we had absolutely rejected, i.e. that the Council should continue to be responsible for implementation, that the regulatory committee would be attached to the Council and that, where possible, Gibraltar would still be used to exert pressure.
This is a perfect example of the sort of work we do not want to see.
My urgent request on behalf of the Group is that you do everything to ensure that Eurodac is implemented immediately as an instrument to fight asylum abuse and illegality and as an instrument to speed up asylum procedures.
If you tell us today how you wish to proceed, you will be doing us a great service.
Mr President, Ministers, Commissioner, the 1999 harvest of decisions was indeed rich, so much so that it became difficult to gather, i.e. to put those decisions into practice.
I refer in particular to the Council and to the inertia of the Member States in implementing the decisions they had jointly made.
However, the past year was positively marked by some momentous decisions, such as the decision to begin implementing the Treaty of Amsterdam, the decision to incorporate the Schengen Agreement into the Community pillar, and the decision of the Cologne Council to create a Charter of Fundamental Rights and the decision of the Extraordinary European Council in Tampere to bind the Member States to common directions, priorities and goals with a view to creating a common area of freedom, security and justice.
Without wishing to ignore the progress which has been made, we, the European Parliament, would like to draw your attention to the unwillingness on the part of the Council to implement these decisions in many areas, as well as its lack of common vision and, in particular, the lack of transparency and cooperation with the European Parliament.
From what I have said, it must be obvious to you that the European Parliament is not prepared to simply play the role of observer.
Neither will it stop raising vital issues. For example, how much progress are you willing to make and what measures, legislative or otherwise, will you be taking to combat the scourge of trafficking in human beings, child pornography on the Internet, drugs, and organised crime?
Do you intend to press for a common policy for asylum and immigration?
How do you intend to go about integrating immigrants into the Community, reuniting them with their families and recognising their rights and duties on an equal footing with those of the citizens of Europe?
In light of this new international demographic class portrayed by experts at the UN, is it not about time you abandoned your traditional, conservative views on refugees and immigrants?
I have great expectations for the Portuguese Presidency.
Madam President, ladies and gentlemen, I would very quickly like to make one point. Various Members raised questions about the Portuguese Presidency.
The President of Parliament has made us aware of the very limited time at our disposal, and my colleague, the Minister for Justice, and I therefore propose to reply objectively to all the questions put here at the parliamentary committee meeting which we shall be attending next week.
(Sustained applause)
Thank you, Minister.
The debate is closed.
Mr President, I am grateful for the Council' s oral, and also written, reply.
Their efficiency has been truly remarkable.
I will save a few seconds because I wanted to propose to the Council that we continue the debate at the next meeting of the Committee on Citizens' Rights and Freedoms, Justice and Home Affairs.
Then we will have the opportunity to comment on these replies and to express our concerns to the Commission as well.
Personally, I am pleased with some of the replies, for example, in relation to issues as sensitive as Schengen and the Europol Convention, which we hope will be reviewed, and I am pleased with the words of the Minister for Justice with regard to trying to bring them under the jurisdiction of the judicial authorities.
I also hope that the same is done in relation to parliamentary control.
Representatives of the Council, within the next month we are going to table a motion for a resolution in this Parliament.
I am sure that, with the willingness that you have shown today, the first thing you will do, in this new climate of understanding between us, will be to take account of the motion for a resolution which we will submit to you.
Question Time (Council)
The next item is Question Time (B5-0003/2000).
We will examine questions to the Council.
Question No 1 by (H-0780/99):
Subject: Construction of nuclear plant in earthquake-prone Turkey The two recent earthquakes in Turkey registering more than 7 on the Richter scale raise tremendous doubts about Turkey's persistence with the construction of costly nuclear reactors at Akkuyu, while energy reserves produced by the Atatürk dams are exported to third countries and the EU spends a slice of its budget on repairing the damage wrought by the earthquakes.
Turkey's nuclear plans B which ignore the risks to the population and ecosystems of Turkey and the surrounding region B prompt the suspicion that there are underlying plans previously determined by Turkey's political and military leaders to acquire nuclear technology enabling them to build nuclear weapons, as evidenced by their attempts to buy reactors of Canadian origin of the type acquired by India and Pakistan.
What steps will the Council take to prevent nuclear accidents and the proliferation of nuclear weapons in a country that wishes to join the EU but spends enormous amounts on nuclear programmes while receiving financial aid from the EU budget?
Mr President, the Council wishes to point out that Turkey is a signatory to the Convention on Nuclear Safety, the objectives of which should allay the fears expressed by Mr Souladakis.
The aim of this convention, which came into force on 24 October 1996, is precisely to achieve and maintain a high standard of nuclear safety at world level by means of national measures and through international cooperation. It further aims to ensure that nuclear installations are equipped with continuing protection against potential radiological risks, so as to protect individuals, society at large and the environment against the harmful effects of the ionising radiation that can be emitted by such installations.
The convention, as you will be aware, also covers the prevention of accidents which have radiological effects and the limitation of such effects when incidents of this kind occur.
I would also like to remind Members that, as a candidate for membership of the European Union, Turkey will - and this is a pre-accession condition, which is an important point - sooner or later, as part of its own pre-accession strategy, have to adopt a set of policies geared towards adopting the entire acquis communautaire in good time, and including therefore all provisions already in force on nuclear safety.
Thank you for your answer. However, I would just like to add the following.
Turkey is only looking to increase its energy potential by 2% with this unit.
Nevertheless, rumour has it that it plans to buy Candu reactors of the type acquired by Pakistan and India which were used for nuclear weapons.
In this respect, the issue requires closer examination, because the sensitive situation in the Caucasus region could heighten people' s suspicions.
My second point concerns the safety of these plants.
In areas of high seismic risk, it is not enough just to have secure, earthquake-proof buildings. Speaking as an engineer, I can tell you that we carry out tests to investigate the effects of certain risk factors in extreme circumstances.
However, we cannot carry out tests on nuclear plants which are in operation; it is just not possible. With this in mind, it goes without saying that nuclear plants a priori should not be built in areas prone to earthquakes.
In this respect, and because Turkey is situated on the periphery of the European Union, we should be helping it to become a more secure, peaceful and cooperative country.
That is our role and this is the point of my question.
I recognise the relevance of the arguments that Mr Souladakis has put forward.
This is, of course, a highly sensitive issue.
Furthermore, it will be evident that this is a matter that does not only affect Turkey, in view of that country' s proximity to the existing territory of the European Union. It also affects other states neighbouring the EU with which we maintain relations.
We understand your concerns and will certainly take account of them, particularly during the discussions that we will be having with Turkey to define that country' s own pre-accession strategy agenda.
This question will naturally be one of our key concerns, and the European Commission will not fail to take this into account.
Thank you, Mr President and thank you President-in-Office of the Council.
I am sure the President-in-Office of the Council is a very nice man and is very kind to his wife and his children and his dog.
However, forgive me if I am a little sceptical of the reply you have just given me.
I do not believe that the statements made within the Council and the votes are available to the public immediately.
Will you please therefore undertake, before the next plenary in February, to write and tell me where I can find this information on behalf of the public, immediately the Council has passed legislation, rather than waiting for it to come out weeks later on a press release list.
Will you write to me before the next plenary with that information?
Mr Newton Dunn, I would first like to say that I do not appreciate the kind of personal comments with which you started your second question, and I would be grateful if you could refrain from making such comments in future.
With regard to what you were saying, it makes me think that the criticism levelled at the Council, apart from being formulated in a very specific way of which we also take note, does not actually refer to the opacity, shall we say, of the legislative process, but rather almost to an excess of transparency.
However, I would like to say, Mr Newton Dunn, that the results of this kind of process for transparency are quite obvious to us and we consider them to be unquestionable.
We have no problem, Mr Newton Dunn, in repeating this information to you in writing, but we will not be able to go any further than what has been said here, because that meets the requirements of the Treaty exactly.
We therefore consider that the General Secretariat of the Council is at present making available to the public all essential information regarding the Council' s functions as a legislative body.
I do not consider that the Council tried to answer my question.
I did not ask what the Council thought of the proposal which the Commission has still not tabled. Instead, my question concerns the interpretation in principle of Article 255 of the Treaty of Amsterdam.
Does this permit legislation also to be passed concerning national laws on transparency and not only in connection with the three institutions of the European Union referred to there?
I should like to have an answer to that question.
Does the Council consider that, on the basis of Article 255 of the Treaty, national legislation on transparency can be regulated, that is to say legislation not relating to the EU' s institutions?
Mr Sjöstedt, the answer that I gave was the only answer possible.
Nevertheless, I would like to say that any interpretation of Article 255 of the Treaty must also be linked to the principle of subsidiarity.
At the moment, there are no concrete proposals which would allow us to make adjustments under this Article, and unless there is such a proposal, we cannot move forward on this matter.
In any event, Article 255 does not, at first sight, allow work to be done on any basis that could affect the principle of subsidiarity.
I am, up to a point, concerned about how the Council will fight for the principles contained in the Treaty of Amsterdam and whose purpose is to ensure that citizens have a better opportunity to participate in the decision-making process.
How is this to be done when, at the same time, the Commission' s proposal - which has been leaked, so the general public is aware of it - says that employees' freedom of thought comes before transparency and that it is not possible to have access to working documents, reports, drafts etc?
Does not the Council' s representative think that this makes it difficult to participate in the democratic decision-making process?
Mrs Frahm, the question that you raised is extremely important and we discussed it at great length during the last Intergovernmental Conference.
I would like to say that transparency does not only apply from the Community institutions "outwards" , it also applies between the institutions.
By this I mean that there are aspects of the form and procedure of the Community institutions' workings which are not accessible to the other institutions, and not only as regards the Commission' s relationship with Parliament, but also as regards the Commission' s relationship with the Council.
As a matter of fact, at the last conference, this issue was raised and discussed on several occasions.
The European Parliament will have the opportunity to take part in the preparatory group for the next Intergovernmental Conference.
The matter is still open.
Genuine transparency of the institutions' workings and the way they are presented throughout Europe is an extremely important issue and one which, in my opinion, needs to be studied again, particularly in the context of the forthcoming Intergovernmental Conference.
We have no doubts about this and we think that the Members taking part in this preparatory group will have an opportunity to raise this issue again.
I believe that the Commission' s proposal should make provision for greater transparency in terms of the way the various institutions function, but I think that there is always room for improvement in this matter.
For our part, we are prepared to study any proposals made in this area.
It is a very important question indeed which Jonas Sjöstedt and others have asked.
We have a principle of transparency in Sweden which strengthens democracy and ensures that there is a worthwhile dialogue between citizens, decision makers and authorities.
We are very anxious indeed that the EU, too, should move in this direction, and this is also stated in the Treaty of Amsterdam.
One or two years ago, Parliament adopted a report by Mrs Lööw which is extremely important in this context.
The report warned that the forthcoming process would lead to restrictions upon the transparency of the Member States.
We can now see that there is perhaps some reason for this warning from Parliament.
I want to ask the Council if it understands this warning, in view of what we have now seen in the working documents from the Commission.
I listened very carefully to what Mr Seixas da Costa had to say on transparency and the Intergovernmental Conference.
My concern is, if I have understood Mr Seixas da Costa correctly on the interesting points he made as regards transparency and the IGC, whether the Portuguese Presidency will take on the commitment to tackle the issue of widening the agenda of the Intergovernmental Conference.
After all, examining the issue of transparency in the ways the institutions operate should never be hidden away under any old heading or confined to some lobby or other - though I know full well the importance of these lobbies.
It should have its own heading in the agenda of the Intergovernmental Conference, which would mean widening the agenda.
Mr Dimitrakopoulos, transparency is naturally an issue of concern to the institutions.
This Intergovernmental Conference will, at the outset, concentrate on improving the way the institutions operate, particularly taking account of the desire we all share for them specifically to become more democratic, more transparent and more efficient.
All of this must nevertheless be done whilst respecting a broad framework - that of the overall acceptability of any solutions we may devise to achieve these three aims.
It is obvious that transparency will be a permanent fixture on the European agenda and it will, of course, feature on the agenda of this Intergovernmental Conference.
I can assure you that this is an issue which the Portuguese Presidency will keep before the Member States and the representatives of the preparatory group for the conference. It must therefore be able to count on the support of the Members of the European Parliament, who will surely rally behind this proposal.
We will then see, at ministerial level, how we can follow this up.
It should nevertheless be noted that we have just concluded the Treaty of Amsterdam, which was approved last May, and that there is a raft of implementing measures on transparency which are still in progress.
The question is whether it is premature or not to start a new initiative on the subject of transparency.
My feeling is that, in spite of everything, this issue will always have to be on the agenda, because the public is clearly concerned about it, and because it is linked with the need to make the European institutions accountable to the public.
As far as we are concerned, they will be. We shall try to achieve a consensus on this matter.
Question No 5 by (H-0785/99):
Subject: Proposal for a regulation laying down the total admissible catches for specific fish populations for the year 2000, and the case of anchovies in particular The latest reports from the International Council for the Exploration of the Sea indicate that the current level of anchovy stocks in ICES zone VIII is critical.
Have the Council of Fisheries Ministers and the Commission assessed the impact of transferring the Portuguese quota for ICES zones XI and X and CECAF zone 34.1.1 to France (5000 metric tonnes per year overfishing) on the ICES zone VIII anchovy stocks and their responsibility for the current situation of the anchovy stocks and the possible social and economic impact on this fisheries sector in the future?
Does the Council believe that it is permissible to consolidate future overfishing which violates the originally established TAC of 33 000 metric tonnes per year, given the current evidence for the critical state of anchovy stocks?
What measures does the Council intend to adopt, and when, with a view to taking proper account of the critical state of anchovy stocks, the aforesaid quota transfer and the principle of relative stability?
Mr President, the Portuguese Presidency is extremely anxious to give a comprehensive answer to this question, particularly because it broaches an issue which concerns Portugal in a positive way, and I shall explain how.
The Council is aware of the critical level of anchovy stocks in the Bay of Biscay to which Mr Ortuondo Larrea refers.
Nevertheless, at the last Fisheries Council of 1999, held on 16 and 17 December, the Member States involved in this area of fishing, namely France, Spain and Portugal, considered that applying the precautionary principle which sets a TAC reduced from 5 000 tonnes to 2 000 tonnes, as the Commission proposed, was excessively cautious.
A compromise solution was therefore reached in order to achieve a balance between the need to reduce the biological risks, that is the species of fish being affected, and the socio-economic problems caused by fishing limits. This was achieved by fixing the TAC at an intermediate level of 16 000 tonnes instead of the 33 000 set in 1999.
It was also stipulated that this would be revised in the light of new scientific information on preserving species, of which we hope to see examples in the first six months of this year.
As for the Southern stocks of anchovy in ICES zone IX, the TAC was fixed at 10 000 tonnes for the whole of 2000 as opposed to 13 000 tonnes in 1999.
Fishing quota transfers between Portugal and France were reduced proportionally from 5 008 tonnes in 1999 to 3 000 tonnes in 2000, for fishing in French waters.
I would like to state that this transfer will not increase the pressure of fishing on anchovy stocks overall, over the whole Community fishing area.
In accordance with the principle of relative stability, 90% of stocks of anchovy in the Bay of Biscay are allocated to Spain and only 10% to France.
Without this transfer from Portuguese waters, the level of the Bay of Biscay TAC would have to be multiplied by ten in order to grant adequate catches to France.
That is why I think that this is quite positive from Portugal' s point of view.
This situation would obviously be even more damaging to the level of stocks than the risk referred to by Mr Ortuondo Larrea, which we also understand.
Mr President-in-Office of the Council, I must say that your comments have not satisfied me at all.
I understand that Portugal is affected by this. However, it seems to go against all reason and intelligence that 80% of the anchovies, which, until 1995, were being fished in the Portuguese fishing grounds, through an agreement between that Member State - Portugal - and France, should now be fished in the Bay of Biscay and that the Council of Ministers wishes to maintain that this has no effect on the anchovy stocks in the Bay of Biscay or the Cantabrian Sea.
It has been shown, as we have been claiming since 1995, that this move is appalling, and, if Portugal and France wish to reach an agreement, that is fine by us, but these anchovies should be fished in Portuguese fishing grounds and not in the Bay of Biscay.
Today, scientific studies show that the anchovy population in the Bay of Biscay is in danger of extinction, and now there will be measures to restrict the amount of anchovy which can be fished in that Bay.
I do not know if you are aware, representatives of the Council of Ministers, of your responsibility over these last few years, and in 2000 as well, for the plight of the families who live on anchovy fishing in the north of the Iberian Peninsular.
I would like to say, Mr Ortuondo Larrea, that in its judgement of 5 October 1999, the European Court of Justice ruled that this transfer, which was approved, was in accordance with the principles laid down in Council Regulation 37/60/92 and, specifically, with its Article 9(1), which stipulates that Member States may exchange all or part of the fishing rights that they have been allocated.
The Court also stated that the principle of relative stability had not been violated since the anchovy quota allocated to Spain in zone VIII had been maintained at 90% and France' s at 10%.
Apart from this, Mr Ortuondo Larrea, the Court is of the opinion that the transfer effected between Portugal and France does not violate the principle of exploiting living sea and freshwater resources in a rational and responsible way, on the grounds that the fishing pressure in zones VIII and IX neither increases nor adversely affects the overall quota of these resources allocated to Spain.
Accordingly, Mr Ortuondo Larrea, the Council reiterates its opinion that without this transfer, greater account would be taken of France' s possibilities for anchovy fishing in the Bay of Biscay.
The Council therefore reiterates its opinion that fishing pressure would be greater and more damaging to population numbers than the solution which was eventually chosen.
In concrete terms, 3 000 tonnes represent 57.5% of Portugal' s fishing opportunities in 2000 against 5 008 tonnes or 73.9% in 1999.
These numbers represent, in our opinion and in the opinion of the Council, a real improvement in terms of conservation in comparison with the level of 80% laid down in Council Regulation 685/95.
Question No 6 by (H-0788/99):
Subject: Measures to combat the continuing ethnic cleansing of Serbs and Romanies in Kosovo On 2 December 1999, NATO's Defence Ministers made a strong appeal for an end to the ethnic cleansing of Kosovo's minority communities.
In its resolution referring to specific atrocities committed against Serbs and Romanies, Parliament also vigorously condemns the continuing violence against the Serb population and calls on the leaders of the Kosovo Albanians to fully respect UN Resolution 1244.
The resolution also stresses that previous persecution of the Albanians cannot constitute a pretext for killings, abductions, detentions, intimidation, arson, looting, destruction of property and the taking-over of houses etc.
In the light of the above, will the Council reconsider the funding for the reconstruction of Kosovo, as requested by Parliament?
What other practical measures will it take to put a stop to ethnic cleansing?
Mr Alavanos, I would like to say that I have the greatest sympathy for the concern underlying the issue you have raised.
We genuinely share your concerns about the threatening situation which exists in Kosovo for ethnic minorities, for both the Serb and Romany populations, and the incidents of discrimination, harassment and intimidation which continue to take place in that region.
The Council has always stressed the need to seek prosecution of all those who have perpetrated such acts and of those who continue to perpetrate such acts.
The Council once again reiterated the need, in its December conclusions, to fully implement Security Council resolution 12/99 and has consistently supported Bernard Kouchner' s efforts to implement measures to guarantee effective protection of minorities in the region and, in particular, to guarantee that measures facilitating the preservation of the region' s multi-ethnic make-up are effectively implemented.
In our contacts with senior political figures amongst the Kosovo Albanians, we have stressed - and the Portuguese Prime Minister did this very recently - that persecution of the Serb population, the Romany population and other ethnic groups is totally unacceptable.
It will not be tolerated, and must stop immediately.
It has been communicated explicitly and repeatedly to Kosovar leaders that international support will depend to a large extent on the way non-Albanian minorities are treated.
I think that this is an extremely important point: this sense of conditionality, which underlies the European Union' s position, is being maintained by the Council and will continue to be maintained.
We have fully supported the efforts of the United Nations mission and the international security forces in Kosovo to prevent further outbreaks of violence against minorities and to protect the populations under threat.
KFOR and the UNMIC police consider one of their two main tasks to be preventing any form of maltreatment on the grounds of a person' s ethnic origin.
The Council therefore expressed its satisfaction, in its December conclusions, at the substantial contributions announced by the European Commission, which will indirectly assist in returning the situation to normal, together with similar contributions made by Member States.
Nevertheless, Mr Alavanos, the Council is also aware that the total amount of resources made available to the appropriate international organisations in Kosovo does not match the desired amount, in terms of what the various Member States have been able to raise, and this has limited the real ability of these organisations to act on the ground.
We shall nevertheless continue to devote all our attention to this problem because the entire credibility of the authorities and of the organisations representing Albanians in the region also depends on the ability of these organisations to prove themselves capable of implementing measures which will guarantee the region' s multi-ethnic nature.
I would like to thank Mr President-in-Office of the Council.
I believe - as I think we all do - that Portugal, its former president, Mr Soares, and its government, maintained a cautious and middle-of-the-road stance during the bombings in the Balkans.
Today' s political statement on this issue was very positive indeed, and one which I welcome.
However, there is some concern over the lack of progress made despite the good and honest intentions expressed by the European Union.
Unfortunately, we have recently witnessed the eradication of Serb, Romany, Turkish, and Croatian minorities in Kosovo and we are now wondering what will happen next.
The United Nation' s, and Mr Kouchner' s, mission in Kosovo ended in failure. This failure is illustrated by the fact that after an entire war that was waged to put an end to ethnic cleansing, we now have ethnic cleansing from the opposite side.
And so I would like to repeat my question as to whether the Council intends to take more specific action to debate these issues with Mr Kouchner, who has a major responsibility for the situation in Kosovo today.
Mr Alavanos, I cannot agree with what you just said in your last sentence on Mr Kouchner' s responsibilities, and I would like to make two very important points here. The structure being implemented in Kosovo is under the auspices of the United Nations.
It is a structure to which the European Union has given as much support as it can and to which the countries of the European Union have contributed in various ways.
There is one thing, however, that we cannot deny, and that is that Mr Kouchner' s efforts to return Kosovo' s internal situation to normal have been extremely positive.
This is undeniable, even if you - or indeed we - consider that some of the results of these efforts, for reasons beyond Mr Kouchner' s control, have not been as effective as we would all have liked them to be.
I have one last point to make, which is about the European Union' s responsibility and, specifically, in this case, about possible action by the Council in this matter, and the responsibility of the international community, which has overall responsibility for the situation in Kosovo.
Therefore, the responsibility of the European Union has to be seen in a certain context.
It is the international community, and specifically the United Nations, which should be held responsible for implementing Resolution 12/99 and, in particular, for the thinking behind this resolution and for the compatibility of this resolution with reality.
These are questions which we should all be asking, but the forum for putting these questions is the United Nations.
Mr President, Mr President-in-Office of the Council, I heartily welcome the fact that you have said that you wish to improve structures, in the aim of improving the credibility of the authorities.
I think that we need to consider how we can best present this to the general public.
The question which I therefore ask myself is this: has in fact a start been made on how we can promote the media in this area, how we can train journalists and how we can improve information to the public on peaceful coexistence?
We have endeavoured to provide material help.
We have tried to defend peace by taking military action.
What is the situation now as regards efforts to include psychological criteria in this crisis area and provide the best possible support here?
Mr Rübig, as I said, I understand your concerns very well.
I think that, at the moment, particularly in the last few months, there have been some positive developments in terms of the resources that will be available to Mr Kouchner, in order for him to be able to do his job efficiently.
I heard Mr Kouchner speak at the Council of Europe ministerial meeting on this issue, and I think that many of the concerns he expressed then about the lack of resources needed to overcome some of the problems have now been addressed. In other words, he has been given these resources.
There are two fundamental questions in particular.
Firstly, an increase in police numbers would be an important factor in guaranteeing the safety of the civilian population and, in particular, in protecting certain sections of the civilian population. Secondly, an increase in appropriations would allow some officials who have important roles in the administrative and operational process in Kosovo to be kept on.
The issue which we should all raise, and I did so myself, in a diplomatic way, a while ago, concerns the very substance of Security Council Resolution 12/99.
I know that this is an extremely delicate issue, but we should all be questioning the logic behind this resolution and its chances of being implemented. We advocate that it should be implemented in its entirety.
Nevertheless, we must look at this resolution, and this is also something that the United Nations Security Council will probably have to do sooner or later. We will have to do so because, as has happened in the past in other contexts and in other strategically important situations across the world, we must be in a position to assess a certain kind of process, and a certain kind of logic and balance - which were in fact the logic and the balance which led to this resolution being approved - should be maintained in future.
What we have to do, and we in the European Union are already doing it, is to guarantee Mr Kouchner all the necessary resources, and you are right, Mr Rübig, we have a duty to our citizens to explain to them regularly and openly whether or not these resources are being properly used.
We in the Council will be trying to provide information on this matter during the Portuguese Presidency.
Mr Seixas da Costa, I totally agree with you.
The problem is not Mr Kouchner but the legal basis on which he is working, namely Resolution 1244.
Having said this, the EU' s responsibility, which is both yours and ours, is to try and move beyond the provisional nature of Resolution 1244 and devise a future scenario for the whole region.
It is the failure to define this scenario which is causing or encouraging the excesses, accidents and assassinations mentioned by Mr Alavanos.
Does the Council intend to raise the question of the definitive status of Kosovo?
If so, does it intend to do so within a general redefinition of the region, avoiding as far as possible the multiplication of micro-States, as has tended to happen elsewhere, and reuniting the parties, in this case Kosovo and Albania?
Question No 8 by (H-0796/99):
Subject: New INTERREG Initiative In point 1 of Annex 2 to its draft Communication on INTERREG entitled: Promotion of urban, rural and coastal development, the Commission authorises for the renovation and development of historic urban centres using a joint cross-border strategy.
However, housing is specifically excluded.
Given the fact that there are many houses in rural areas which are of historic interest, including small cottages, and, given the need, for a variety of reasons, to maintain rural populations and to attract people to rural areas, does not the Council agree that these objectives could be assisted if housing projects were funded in the areas covered by INTERREG?
Mr President, the Council and, I think, the Portuguese Presidency in particular, are extremely aware of the importance of the problems Mr Gallagher' s question raises and I would like to say that we have always paid the utmost attention to Community policies for the development of rural areas.
I would like to point out that in May 1999 we adopted a new system for supporting rural development which was the fourth Community reference framework for sustainable rural development.
This was, as you know, one of the changes made during the Agenda 2000 negotiations and it changes the way in which agricultural issues are dealt with at Community level.
Through the European Agricultural Guarantee and Guidance Fund, the EAGGF, this Community support framework is designed to help reverse the trend of abandoning rural areas, an issue you are quite right to raise.
On the other hand, the European Regional Development Fund, the ERDF, also contributes as part of its role to promoting social and economic cohesion, by redressing the main regional imbalances and encouraging rural areas to take part in development and conversion.
In this regard, we should bear in mind that the ERDF also contributes to promoting sustainable rural development and to creating sustainable employment in rural areas.
This combination of instruments enables us to implement a policy of rural development which today, furthermore, is one of the ways in which the common agricultural policy - in one of its dimensions - and regional policy also, have developed and changed.
We think that this is one of the most fundamental issues within the concept of multifunctionality which is now associated with changes in the common agricultural policy, and the EAGGF, of course, has a crucial role to play in this.
Question No 9 by (H-0798/99):
Subject: Farming and the Portuguese Presidency Will the Council outline the priorities of the Portuguese Presidency for the next six months as regards the common agricultural policy and indicate the steps it feels are necessary to boost consumer confidence in the agricultural sectors and products adversely affected by recent health scares?
Your question on the common agricultural policy is one which we take very seriously and which should always be considered in this House' s discussions, because in the future we are likely to discuss this issue at great length.
During the Portuguese Presidency, we will be continuing discussions on the CAP, by adapting some of the common market organisations with a view to developing the Union' s rural areas in an appropriate way and guaranteeing an improvement in farmers' incomes, paying particular attention to measures which could have an impact on small family-run farms.
On the other hand, the Portuguese Presidency will continue, if and when the new WTO round begins within its term of office, which is by no means guaranteed, to ensure that the presence of Community production on international markets is strengthened. It will also continue to ensure a greater balance between exported Community farm products and preserving the multifunctional European agriculture to which I have just referred.
The Portuguese Presidency also attaches importance to reinforcing food safety policy and I think that the Portuguese Foreign Minister and President-in-Office already referred to this aspect this morning.
We think that the role of food safety, specifically in terms of everything linked to public health, is one of our presidency' s essential tasks. It is therefore one of the priorities of our programme.
We shall be developing it in four parallel schemes, in the Agriculture Council, the Health Council, the Consumer Affairs Council and the Internal Market Council.
At the Santa Maria da Feira European Council meeting in June, the Portuguese Presidency will present a report on this issue specifically in the light of the information the Commission presented in its White Paper a few days ago.
We think that the task we now have of establishing a European agency is crucial in order to give credibility to the single market, to stabilise confidence in this market, to break down some of the tensions between Member States in this area and even - it has to be said - to give the European Union a common approach for its dealings with third countries in areas of food safety.
This is what we shall be trying to achieve during the Portuguese Presidency and we hope, at the end of it, to be able to present the result of our efforts to this House.
I thank the President-in-Office for his reply.
I am sure that he is aware of the very serious threat to the European model which is based on family farming, mainly those farmers involved in beef and sheepmeat production who are now expected to sell their produce at or below production costs.
I would like to ask what new steps the Council can take to safeguard their interests in the forthcoming world trade talks, in particular, against the ranch and factory-style production of the USA and New Zealand where economies of scale make competitive family farming for European farmers extremely difficult and where, of course, European standards of food safety do not apply.
I completely understand your concerns, and I feel that there is a need for effort and a certain degree of consistency within the European Union itself on this issue.
We also have to think of the consequences, especially in terms of financing and compensating farmers.
Nevertheless, as you know, this issue is now in the hands of the European Commission and it will have to take this further.
The Council' s ability to intervene in this matter is strictly limited.
Mr President, I too would like to welcome the President-in-Office to the Chamber.
But I do not think he answered my question with regard specifically to tackling homelessness and housing and whether the Portuguese Presidency would be willing to meet the non-governmental organisations actively involved in this field.
I appreciate and fully support his point on the need for multiple policies and a multi-disciplinary approach and also the need to combat the underlying causes of exclusion which can lead to homelessness and include the problem of drug dependency.
My specific question concerns the problem of homelessness and whether a new presidency could take a new initiative to try to overcome some of the difficulties the President-in-Office alluded to with regard to support at intergovernmental level.
I feel this is one area where Europe can play a very active role, even if only in providing the conduit for exchange of experience and best practice among the Member States.
Mr Crowley, with regard to the presidency' s scope for supporting actions by non-governmental organisations, particularly those which attempt to resolve the problems faced by the homeless, I would like to say that such initiatives are welcome, and we are very much open to the possibility of supporting them.
We have worked closely with Portuguese NGOs and with some initiatives they have proposed within the framework of the Portuguese Presidency, which we are combining with the wide range of concerns underpinning our whole programme.
We have no specific, concrete initiatives in this area but that does not mean that we are closed to the idea that an initiative proposed to us by NGOs in this area might be considered during our presidency. It should be pointed out that this can only be done within the Council' s scope for action.
Any aspect of this which may impinge on the Commission' s right of initiative will obviously have to be done through the Commission itself.
Mr President-in-Office of the Council, you have talked a lot about the future, about what the Commission will do, and what the Presidency will do in Lisbon, etc. However, you also said something which I find particularly frightening.
You said that in Lisbon you intend to discuss more dynamic and competitive development. I am beginning to feel a little worried because this may lead, partially at least, to exclusion.
I do not see how you could, with the views that you hold, provide any answers.
What I asked and what I am once again asking is the following: what are the views of the Portuguese Presidency on, for example, the appeals made by the network to combat poverty and exclusion, the division of work and social security, the implementation of tax policies, particularly for speculative capital, and the policy of redistributing wealth?
I would like an answer as to whether or not the Portuguese Presidency intends to do something about these matters.
You must understand that a presidency' s ability to reverse global social or economic trends during its six months in office is actually quite limited.
I think that it is also obvious that our ability to act is linked to the Commission' s own scope for intervening, through its right of initiative.
I have spoken about the Special European Council and about Portugal' s initiative in convening it, and I have spoken about the future, because there are two complementary ways of seeing the issue of social exclusion. One of them is the series of measures which must be adopted immediately in order to deal with the specific effects of social exclusion.
The second is to create internationally competitive conditions, which will enable us to improve the economic fabric of the European Union, and this will have positive knock-on effects on the problems of social exclusion. The Portuguese Presidency does not have a magic wand with which it can, in six months, resolve problems that have always existed.
It is prepared to act on proposals by the Commission in any area for which there is Community competence. It also has the opportunity and the desire to promote the whole raft of measures which may be presented, specifically by non-governmental organisations, but also through the intergovernmental collaboration which is traditional in these matters.
We should, however, also bear in mind, Mr Papayannakis, that we cannot act in an area which will have such a big financial impact, armed only with the measures a presidency can propose in the space of six months.
We therefore think that all the measures we have highlighted in terms of long-term strategies, regardless of the fact that we know that in the long term, some of the homeless may be dead, will help us to guarantee sustainable policies in the European Union.
We will try to move these strategies forward as much as possible during our presidency.
Question No 12 by (H-0801/99):
Subject: Portuguese Presidency and development policy Will the President-in-Office of the Council make a statement on the priorities of the Portuguese Presidency with regard to development policy, the Convention of Lomé and tackling famine situations?
I would like to thank the presidency for the comprehensive answer to my question, and indeed the Minister who spoke to the Committee on Development last week in Brussels outlining the position.
But there are some questions still outstanding.
There does not seem to be any emphasis on the fight against AIDS in the programme.
The situation of AIDS in Africa now is so serious that more people are dying of AIDS than are dying in conflict.
I hope that the Minister will take some time to pursue that particular issue.
Medicines are available in the United States but the United States is not making them cheap enough for the people in Africa.
I should like to ask the Minister what precisely he is doing about the situation that is developing in Ethiopia where there is drought, where the crops have failed, and where, in six months' time, we will inevitably be back to the situation as it was some years ago in Ethiopia with famine and people dying in their thousands.
At the same time, there is a war going on between Eritrea and Ethiopia and the armaments industry in Europe is not short in sending guns, after which we will send the bread.
First of all, Mr Andrews, you must understand that I do not agree with your interpretation of my colleague' s speech during the meeting of the Committee on Development.
There is no contradiction between our two positions, quite the opposite.
Unless we wish to act like megalomaniacs, we cannot in the course of one presidency perform an exhaustive inventory of all possible and imaginary situations relating to all the enormous issues we face, particularly in the area of external relations.
As you can understand, it would be easy to do so.
All we would have to do is get a directory of development and put all the items in our programme, one after the other.
We are sufficiently responsible to realise that we should only include those which we will be able to manage during the term of our Presidency and - we should always be aware of this - within governments' ability to act and within the scope of the Council.
We must understand that there are limitations on what we can achieve, particularly in terms of managing national indicative programmes.
You have mentioned Ethiopia, which falls within the scope of national indicative programmes, but there are, as you know, several Community actions to combat AIDS, and in this respect, you are right, and the United States will probably not do any better.
Indeed, in terms of development aid policy, I think that Europe has absolutely nothing to worry about for the simple reason that our behaviour in this area compares very favourably with that of the United States.
Your question switched to the subject of arms, a broader policy issue which I do not think falls within the scope of this question but which the Council will, of course, address in the future, if it sees fit and if it decides to put it in a specific context.
Is the Council aware of the social problems caused by the export of food by the EU to developing countries at prices below the cost of production?
Does the presidency intend to do anything about this?
Since the author is not present, Question No 13 lapses.
I would like to thank the President-in-Office of the Council, and I would personally like to welcome him and the Portuguese Presidency.
Please allow me to remark on how well-versed and well-informed he is on European affairs.
Unfortunately, in my case, he did not provide what I would call a satisfactory answer.
Since the Council recognises the fact that culture is a major economic asset, it should, in my view, demonstrate this in practice.
Saying that the cultural dimension is governed by the principle of subsidiarity and that it is therefore national governments who are responsible is, I am afraid, just an excuse.
My question, which has not been answered, is why, when the European Parliament is looking to increase appropriations to fund cultural programmes within the European Union, the Council and the Commission are cutting back on appropriations and at times cutting them out altogether.
This is a true example of the Council' s indifference towards culture, despite its assurances to the contrary that it is a matter to which it attaches great importance.
I would therefore like to ask the Council if it is prepared henceforth to support culture with the same readiness as it supported bananas, hops, cows and Indian hemp.
Mr Marinos, we are not adopting a purely economic approach to managing the Portuguese Presidency, and therefore, the cultural dimension is, I am sure you will appreciate, one of our main concerns.
These cultural dimensions, however, almost always have their own economic dimension in turn, that is the level of resources which can be called on specifically to provide aid for cultural initiatives.
This is a dimension which it is difficult to go beyond within the framework of the European Union, and especially within the framework of the Council.
For our part, we shall be attempting to strengthen and consolidate the European position on cultural goods and services and on activities in this sphere, because we believe that this is an identifying feature which is crucial to the Union' s image and to the Union' s own particular identity.
This is, and will continue to be, connected with developments within the World Trade Organisation.
As you know, both we and the Council have addressed this issue appropriately.
In specific terms, we have been able to find a common language in terms of the mandate given to the Commission for the next round of WTO negotiations, at which this will be a central issue.
Nevertheless, I would like to add that with regard to cultural policy, and in particular the audiovisual dimension, the Portuguese Presidency will be paying very close attention to extending and enriching European audiovisual policy by adopting a Media-Plus programme which could go some way towards allaying Europe' s main fears.
We also intend to initiate a new debate, a more innovative one, on the issue of Europe' s film heritage, given that this must be one of the most important factors in the development of a European cultural identity and of a European audiovisual economy.
The Presidency will also concentrate on discussions about creating a digital television system in Europe, which will be the subject of a conference that we shall be organising during the Portuguese Presidency, in conjunction with the Commission, in February 2000.
But, Mr Marinos, in the EU context, culture is an issue which is repeatedly raised in connection with IGC agendas.
If, by chance, it were possible to agree to include the cultural dimension in what has been called the fifth negotiating box of the forthcoming Intergovernmental Conference, then this could be suggested, both by Member States, and by the Members of the European Parliament taking part in the preparatory group.
Of course, if consensus could be reached on this issue at the Intergovernmental Conference, there might eventually be progress.
It remains to be seen whether or not there is a consensus on this.
We will soon see, and for our part, we will bear in mind any suggestions on this issue.
Mr President, I join others in wishing Portugal every good wish for a successful presidency.
I notice that you said this particular issue was not currently on your agenda for the next IGC but if some people wished it, you would consider it.
Well, I, and my fellow 35 British Conservative MEPs wish it and would like you to please consider it.
I appreciate that it is a provocative question.
It is meant to provoke because there is a very serious issue here that some countries do not hold EU law in the respect which it deserves.
We have to find some way of putting pressure on such countries to do just that so we can reconnect with our citizens.
I cannot think of a better way to do it. Can you?
The issue is whether the European dimension will become stronger or weaker as a result of being specifically integrated into the Treaties.
This is an issue which, as you will understand, will have to be addressed at IGC level and is an issue that only a Special European Council can authorise the Portuguese Presidency to pursue, because this kind of issue falls outside the institutional framework in which the forthcoming Intergovernmental Conference will take place.
Intergovernmental Conferences are a kind of event in themselves and could also be a type of Christmas tree.
It is therefore not out of the question that these issues, which crop up again and again, and which are passed from one conference to another, may be addressed.
The problem facing us at the moment is whether there is currently a consensus within the European Union on this issue being included, particularly bearing in mind that if one such issue is included, other issues of a similar nature will probably be added to the conference' s agenda.
Mr Dimitrakopoulos has the floor for a procedural motion.
I would ask him to be brief.
Mr President, I understand that I have to do this very quickly.
I liked what Mr Seixas da Costa said about Father Christmas.
In Spain they say a letter to the three kings.
I simply wish to remind you that the European Parliament has already sent a letter to the three kings through its reports.
Now the Presidency and the Council have to bring the presents which we have asked them for in our letter to the three kings.
As I suspected, it was not exactly a procedural motion, but more a closing of the debate.
We thank Mr Seixas da Costa, but he can also write his letter to the three kings.
I would merely say that the festive issue which Mr Dimitrakopoulos has raised is an extremely important one.
The problem is that in this case Father Christmas has to follow orders and therefore he can only give presents when he is authorised by others to do so.
It is not the Portuguese Presidency' s job to hand out the presents that everyone wants, especially those that the European Parliament is asking for.
After this interesting exchange of opinions, and in accordance with the Rules of Procedure, I would like to tell you that Questions Nos 17 to 27 will be replied to in writing.
That concludes questions to the Council.
Capital tax
The next item is the joint debate on:
the oral question (B5-0004/2000) by Mr Désir and others, to the Council, on the Council position on the idea of a capital tax
the oral question (B5-0005/2000) by Mr Désir and others, to the Commission, on the Commission position on the idea of a capital tax.
Madam President, Mr President-in-Office of the Council, Commissioner, during the Asian crisis in 1997, as with those which hit Mexico in 1995 or the EMS in 1993, everyone could see the damage caused to the economies of entire countries by financial speculation, particularly currency speculation.
Between EUR 1 500 and 2 000 billion are traded every day on the financial markets. In three or four days, this can equal the total figure of annual global production, or global GDP, of approximately EUR 6 000 billion.
The bulk of these financial transactions are purely speculative and do not involve any trade in goods or investments.
Yet the erratic movement of these massive sums of capital can, in a few hours, cause the collapse of a currency or the economy of a country, plunging its whole population into recession.
In view of this situation, renewed interest has been expressed in the proposal by James Tobin, winner of the Nobel Prize for Economics, to create a tax on currency transactions. The rate of this would be very low so that it did not affect trade in goods or investments, but it would act as a light brake on the wheels of speculation, thereby checking the multiplication of short-term transactions.
Note that this proposed tax, which seems to be producing strong emotions in some people, would be the lowest tax in the world and the lowest in the history of global taxation. Yet it would represent the recapture of the areas seized from democracy by the financial sphere.
One reason for the acceptance of this proposal, and of the campaigns by NGOs such as ATTAC, SOLIDAR or others which have popularised this proposal, is that it would release resources which could be allocated to development programmes in the poorest countries, in areas such as education or health. It could act as a kind of asset redistribution in a world where there is both increasing wealth and increasing poverty.
Many personalities and institutions have come out in favour of this tax such as the Brazilian President, Fernando Cardoso, the Finnish Government, the Canadian Parliament last March and also Lionel Jospin in 1995.
This question has been debated in several national parliaments of the EU.
The common response has been that this tax could not be applied solely at national level and that the right platform for tackling this is the European Union.
This is the reason for the oral question to the Council and Commission which we have tabled with 37 other Members.
I am delighted with the compromise motion for a resolution which we have reached with the GUE/NGL, Greens/EFA, ELDR and PSE Groups.
This motion asks the Commission to present a report to Parliament within six months on the feasibility of this tax. It also asks for an examination of the pressures and financial sanctions which could be applied against countries which encourage tax evasion or which maintain tax havens.
One of the most common objections is that such a tax would be too complex, but this could be said of any tax. If this argument had been accepted in the past, then no taxes would ever have been created.
The motion also asks that a position document, drawn up by the Commission and Council, should be submitted before the next annual meeting of the IMF.
The European Union must take the initiative and must also, as demanded in the motion, propose this initiative to the G7 because it is primarily a political question.
If the Union takes the initiative, this will have a ratchet effect because this debate is occurring all over the world, including in the USA and Japan. A desire is being expressed everywhere with increasing force that the world should not be ruled by traders but by the people, their parliaments, their governments and their democratic institutions.
Europe must play a role in this new international regulation and I am extremely happy that today, with this debate and this motion, this question is now on the agenda of European construction.
Madam President, I do not have a great deal to add on this subject.
The Council has not yet discussed the possibility of introducing a tax on movements of capital as Professor Tobin suggested.
This is a creative initiative, which we know has been welcomed by different industries across the world and by various sides in European politics, but the Commission has not yet put forward any proposal or initiative on this issue.
As it falls to the Commission to propose any such initiative, the Council has not yet been able to adopt a position on this issue.
Madam President, the revenue basis of the Tobin tax is said to be made up of very short-term exchange transactions.
Such transactions, according to the argument, bear very little relation to fundamental economic variables. This has also just been underlined by Mr Désir.
Therefore, according to proponents, such as Mr Désir, an internationally applied Tobin tax would, in principle, reduce speculative transactions and, hence, the volatility of exchange rates, which would lead to an improvement in economic prosperity.
Taking into account the considerable volume of short-term financial streams, even a low nominal Tobin tax would yield respectable sums of tax revenue.
In reality, the motive underlying the increased interest in the Tobin tax and other sources of international finance in the mid-nineties was non-economic. Indeed, it was fuelled by the potential of this tax to generate income for international, public programmes at a time when demand for such funds was rising quickly and funding was increasingly harder to come by.
The Commission recently observed renewed interest in a global tax, such as the Tobin tax, as a means of achieving socially responsible globalisation, so to speak.
Mr Désir too has mentioned this growing interest on all sides.
But if the Tobin tax were to be applied unilaterally in order to prevent attacks on a specific currency, then this tax could not be effective and it could harm the internal financial market.
Put more strongly, in the long term it is possible that for large numbers of funds, the Tobin tax will be evaded by shifting foreign exchange rate transactions to off-shore tax havens.
In that case, the tax could lead to a net loss of total economic prosperity.
So the Tobin tax can only be effective if there is a sufficient number of industrialised countries which are prepared to participate.
Finally, even if the Tobin tax is designed to curb speculations with currencies, there is still the risk that even non-speculative streams would be affected, and that is not the intention.
For the reasons set out above, I cannot see a good reason for introducing a European Tobin tax.
At any rate, the Commission is against any attempt to restrict capital movement within the European Union.
In more direct terms, to the extent that this measure could be deemed an indirect restriction on capital streams, this would contravene the Treaty of Rome.
The correct speculative approach, it seems to me, is to remove the real causes which lead to financial chaos, rather than attempting to suppress its symptoms by introducing obstacles to the operation of the markets.
Madam President, Commissioner, I should like once again to say a few words on the modus operandi and the ideological tactics behind this oral question. Also because I know how many social democrats in this House share our criticism, and not just the economic and financial policy experts.
We know what the problem is: instability on the markets as the result of speculation.
But the people asking the question need to know that not every instance of instability, as the Commissioner has just so impressively told us, is the result of speculation.
The Tobin tax would not have been able to prevent the crises in the EEA in 1992 and 1993 or the crises in the south-east Asian currencies in 1997.
The initiators of this question do not propose a solution; instead they are calling for a new burden, they are calling for more bureaucracy, for a measure which runs counter to the market mechanisms and they are taking up plenary' s time with an intergroup opinion which excludes the competent parliamentary committee, contrary to several resolutions by Parliament.
In my view, and I say this quite clearly, the question is ideologically motivated rather than solution-focused.
I consider this to be the wrong way forward for several reasons.
Why do we reject the Tobin tax and consider it so questionable?
First, and the Commissioner has also confirmed this, because it places a heavy burden on the capital markets.
Even a small tax would have serious repercussions on the capital markets, because this sort of speculation tax would reduce the profitability of investments considerably.
In addition, this sort of measure would also seriously hamper the development of the financial markets and would stand in the way of the principle of the free movement of capital, which is one of the central tenets of the internal market.
Secondly, speculative capital is extremely difficult to identify.
Thirdly, unless they are introduced in all countries at the same time, tax measures are easy to circumvent because there are otherwise too many loopholes.
Fourthly, technically speaking, this measure is highly impracticable and will result in a great deal of bureaucracy and administration and be impossible to control.
The measure which we should be taking is part of the resolution before us here today. We need stronger banking supervision.
We need to clarify the liability for transactions.
We need a framework of regulations at international level. We need to examine national laws in order to check that they comply with the rules of the Basle committee and how the dissemination of these rules can be stepped up.
I have a serious problem with one of the central points of this resolution which we cannot accept as it stands.
I refer to point 9.
Having listened to the Commissioner just now, we know that the Commission' s knowledge of the facts will result in a 'no' to the Tobin tax.
If the knowledge of the facts and this debate and the arguments are as we say, and I think that they are right, then to take up another six months of the Commission' s time and occasion uncertainty on the financial and capital markets would be irresponsible.
The capital markets do not want uncertainty from us, they want clarity; which is why we reject point 9 and call for a split vote.
Madam President, the debate on a tax on short-term financial actions is not a new one.
We have been discussing the Tobin tax proposal for twenty years and yet the question is still topical because we need really concrete and honest answers based on careful studies.
We need to know just how desirable and feasible a tax on short-term transactions really is.
This question has now entered a different dimension, a dimension in which USD 1 500 billion roam the world twenty-four hours a day looking for attractive investments, no more than 3% of which have anything to do with the real economy.
We are concerned about stability on the financial markets, not for the sake of the financial markets, but because this has to do with own growth, our own investments and our own jobs in the European Union.
We must ask what instruments we can use in order to create the order here which has been missing in the past.
We have done everything to help liberalise financial transactions, but so far we have had no working set of rules, as we have learned from the bitter lessons of the repercussions of the Asian and Latin American crises.
It is therefore high time that we thought both about supervisory regulations and about transparency on the financial markets and their information.
It is important that we know who the actors are and what their credit rating is.
We must also ask if there is not a need for fiscal justice.
At a time when the tax burden on the work factor is increasing throughout Europe and internationally, we must consider how we can achieve efficient taxation of investment income and that includes the question of how to tax short-term financial transactions.
I think that we really do need a careful report and conclusions from the Commission, so that we as the European Parliament can see if we need to ensure that the European Union achieves real international solidarity with the USA and Japan in making the economy and the financial markets more stable and secure.
This is the intention behind the question and we must then follow the ordinary procedures of reports from committees and plenary debate in order to reach a balanced and really forward-looking proposal.
Madam President, on behalf of the Group of the European Liberal, Democrat and Reform Party, I must express my surprise at this debate on the international movement of capital and its possible taxation which, although it does not mention it in the text, appears to be an attempt to revive, as the introduction has done, the issue of the tax proposed some years ago by Mr Tobin, which our Group opposed, clearly and totally, during the last legislature, with a series of arguments clearly and coherently expressed by our President, Mr Cox.
I will have to repeat these arguments, modestly, in this intervention, because the same issue has arisen once again.
We do not agree with this type of tax because its application, in the event that it could happen, would not achieve the aims which Mr Tobin presented at the time and which the Left in this House wishes to revive.
Firstly, there is no evidence that the tax on international capital movements could reduce the dangers of volatility and instability in the international markets.
On the contrary, since it is certain that not all countries would accept it, we would open the way to speculation and fraud and that really would create volatility, instability, insecurity, opacity and unfair competition in the field of financial services operating on an international level.
Furthermore, the idea of obtaining resources to apply them to the more economically needy countries presents such complexity, when we consider their application in practice, that it appears simply impossible.
This is a false debate whose aim is purely political, and has no basis or technical viability.
Furthermore - since we are in this European Parliament - if we have still not managed the slightest agreement with regard to the package of fiscal measures proposed by the Commission within the European Union, how can we expect to achieve a fiscal agreement on an international level?
I suppose that the first thing they say will be, 'let us see whether you are capable of reaching a fiscal agreement within the Union' .
However, the Liberal Group has not wanted to close the door to a new analysis of this issue and, therefore, we have accepted a joint motion for a resolution proposing that a study be carried out on the possibility and suitability of imposing this tax on certain areas of international capital movements.
I am sure that this study - if carried out objectively, with knowledge of the financial markets and their mechanisms on an international level - will show that it is neither suitable nor possible, not only in terms of its application, but also as a means of achieving the proposed objectives.
In itself, globalisation is positive.
The economy has never grown so much nor favoured so many countries on a global level.
This is due to progressive opening up and greater freedom in the international trade in goods and services and also a greater capacity for adequate movement of capital.
Any analysis of economic development in recent years, if objective, will show, through the figures, that they have no political colour or orientation.
As I have said, we are not opposed to such a study.
We will support the motion for a resolution in support of this study, but we simply insist that, as this motion for a resolution points out, it is by means of liberalisation and opening up at an international level that we will achieve economic progress, both on the level of states and on a general level.
Madam President, Commissioner, the problem does not lie in the ideology of the debate but in its political nature.
As Mrs Randzio-Plath said, we must remember that the reason why certain Members want to revive this question is because of the recent international financial crises and their economic, social and environmental consequences which have been felt by all in some countries.
The main objective of this debate is to look at the instruments available to the international community for stabilising the international financial and monetary system.
In this respect, Mr Bolkestein, the motion for a resolution cannot be separated from the issue of the Tobin tax.
If you look carefully, this proposed tax on capital is just one of several instruments aimed at forcing international investors to behave responsibly on the financial markets.
Secondly, the motion does not say that we want a solely European initiative.
This is why we explicitly refer to the autumn session of the International Monetary Fund so that the European Union, in other words the Commission and also the Council, can decide how it will defend the opportunity to stabilise the international financial and monetary system and introduce international taxation.
There should be no confusion in this debate. As environmentalists, we do not want an excuse for a motion.
Although a study produced by the Commission would doubtless be interesting, we do not need another to add to those already available.
We do need to obtain, from the Commission and the Council, in other words from each of the governments forming the Union, a clear, positive or negative, political stance. They must indicate whether they are ready to defend, within competent public bodies such as the International Monetary Fund in the first instance, the appropriateness of such a tax within the other instruments needed to stabilise the international monetary system.
As for the argument that this initiative would increase uncertainty, very short-term capital movements are specifically intended to play on uncertainty and to bet on changes between currencies or various short-term financial assets.
This argument is therefore not relevant.
I will not go into the basic issue any further for everyone has their arguments.
However, I would highlight not only paragraph 9 of the motion, but also paragraph 10.
We clearly expect a political stance to be taken with a very firm deadline of the preparations for the autumn session of the International Monetary Fund. We therefore demand, if this motion is adopted tomorrow, that the Commission and Council appear before Parliament to tell us what positions they will take on this occasion.
Madam President, my Group is extremely delighted that this debate is taking place today, particularly as we have spared no effort along with Members of other groups to bring this about.
Obviously we all have different approaches which is demonstrated by our debate and the motions for a resolution tabled at the beginning.
Having said this, our Group is pleased about the step forward which the compromise motion represents. This invites the Commission to present a report within six months.
The European Parliament can play its role by taking the initiative, even if it does so timidly, on this subject. However, I agree with the previous speaker that, if paragraph 9 were challenged, this motion would clearly lose its substance.
This debate concerns a vital question which increasing numbers of people are legitimately raising. What are the respective places of people and finance in today' s economy?
USD 1 800 billion is the volume of money moved every day in the world' s currency markets. This represents over a quarter of the annual global volume of trade in goods and services.
By putting finance at the helm, this has reinforced the demands of profitability and toughened the operating conditions everywhere.
It has led to a growth in mergers, acquisitions and company restructuring and to gigantic sums being raised with increasing frequency on the financial markets.
Unemployment and pressure on employees worldwide is increasing.
Openings and real growth are being hampered and the sudden influx or withdrawal of speculative capital is threatening the economies of many countries, to the point of collapse, as in Asia, Russia and Brazil.
Faced with this neoliberal globalisation dominated by the financial markets, demand, as our motion recognises, is developing from a different idea of the world in which common law stipulates a duty of solidarity in an increasingly interdependent world.
No one can ignore the challenge to civilisation posed by the lack of nearly one billion jobs and the need to make unprecedented efforts in terms of development and access to information.
In this respect, all ideas deserve to be considered, including the Tobin tax which is important, just like other forms of transaction which may be envisaged.
This tax could help to check speculation without penalising the activities of the real economy. It could release new resources for investment in people and, at a time when the UNDP estimates the sum needed to eradicate poverty to be USD 40 billion per year, it could allow access for everyone to drinking water and satisfy health needs.
When the debate on the ability of politics to influence economics goes global, the establishment of this tax could become one of the symbols of the political desire to recapture the democratic areas seized by the international financial operators.
The Commissioner has said that a minimum number of industrialised countries would be needed to achieve this.
I would point out that the European Union is composed of a large number of industrialised countries and, like Mr Désir and several other speakers, I feel that the European Union which we are forming can take the initiative in this respect.
In any case, the European Parliament would be honoured to take up the call of the people to control the world in order to achieve a sense of well-being for everyone.
Madam President, I too am delighted that we are having this debate. I only regret that it has been so long in coming.
We know that each generation has, over the course of time, blindly bought into what could be called a dominant ideology. This is a set of prejudices accepted as such due to a general conformism, but whose dramatic nature can be seen by subsequent generations.
Free trade and the constant worship of globalisation are now the dominant ideology or, rather, the big mistake of our fin de siècle. This ideology is as dangerous as the former ideology of the dictatorship of the proletariat in the corridors of the Kremlin or, before that, the certainty, elevated to the status of a dogma, that the earth was flat.
Our world is now dominated by a single logic or, I could say, a single god of money at work instead of people at work.
With a figure for trade in goods and services of FRF 36 000 billion only being equal to the product of four days' speculation, the financial bubble owes very little to the productive activity of individuals.
It is self-perpetuating in a world of ever higher bids which constantly denies the humanity of man, the rich as much as the poor. Yet it is the latter who, at the end of the day, are excluded from the majority of the world' s decision-making centres for these are monopolised by a tiny minority referred to recently, and very aptly, by Jean-Pierre Chevènement as the globalised élites.
It was natural that these élites would exclude any political concerns from their field of manoeuvre, thus protecting themselves from any democratic control and basically managing to be both illegitimate and irresponsible.
However, the people are fighting back, as demonstrated by their reaction during the incredible Seattle Summit. The leaders of the world, headed unfortunately by the European Commission, rushed forward submissively, hoping that their docility at the feet of the master of the world, Mr Clinton, would be enough to ensure them the scraps from the table.
Yet they reckoned without the salutary reaction of the nobodies, both individuals and States. This reaction was more organised than previously, due in France particularly to the magnificent ATTAC network which is fighting with increasing support to limit free trade in general and to establish taxation of international financial transactions in particular.
The creation of this taxation, of either the Tobin type or the more realistic type proposed by Professor Lauré, could prove to be politically opportune, at least due to its symbolism rather than its low rate. This is because it would basically mean that politics was regaining a foothold in an area from which it has been excluded by operators whose profits are proportional to the degree of resignation of States.
Madam President, although some of the aims of the Tobin tax are fairly worthy of support, introducing the tax exclusively within the territory of the European Union, as the first area of the world to do so, would sound the death knell for the European currency markets.
If the world' s other important currency trading areas were to be excluded from the Tobin tax, the fact that tax was liable to be paid in Europe would lead to currency dealing moving to those areas.
This has already been made clear a number times in this debate.
It is not enough that all the world' s industrialised countries should be included in the scheme, as then currency trading would move to tax havens outside that group of countries.
There should therefore be a universal application: it is not enough that the G7 countries or the other industrialised countries are involved.
On the other hand, it would be so difficult to bring the scheme into force everywhere in the world at precisely the same time - and personally speaking, I do not believe we can achieve this - that the Tobin tax dream might as well be buried.
Furthermore, although there might be international consensus on the introduction of the scheme, the question would remain regarding how the tax revenue would be distributed.
The world' s currency dealing centres will hardly agree to the tax revenue being used, for example, for a variety of well-meaning, UN-backed purposes throughout the world without a considerable amount of the revenue remaining with them.
With regard to the Tobin tax as a means of preventing future currency crises, it has to be realised that the causes of a currency being overvalued cannot be averted through taxation.
For that reason, as Mr Karas also said, we should give more attention to the policies that lead to a certain currency being overvalued in relation to its actual potential value. This again would require measures to regulate the exportation and importation of capital; otherwise it would not be possible to focus on policies in this way.
Although it seems a reasonable scheme, the Tobin tax is not without its problems, even if there should be agreement as to its implementation, which I do not believe there will.
It has to be remembered that money at present is first and foremost information, and that the global economy will, in the future, rotate more and more on the basis of information and intellectual capital.
For that reason, the uninterrupted flow of assets in massive volumes between the world' s financial centres is not merely speculative activity, which has nothing to do with the real economy.
If this 'feedback' mechanism, which gives users the opportunity to make choices, were hampered by measures such as the Tobin tax, mistaken decisions might be made that turned out to be so costly in terms of the economic consequences that the tax would never be able to make up for it.
Hence, as Mr Karas has stated to his credit, our Group is resolutely opposed to the introduction of the Tobin tax.
Madam President, I speak as someone who is in support of a tax on speculative capital movements across currency borders.
It seems to me blindingly self-evident that some action is necessary.
In the last 30 years, the volume of currency transactions has increased by 83 times: firstly, total global reserves of all central banks barely amounts to one day of foreign exchange trading; secondly, annual global trade in real goods and services equals just three-and-a-half days of foreign exchange markets out of 350, that is, 1% of capital movements are for trade in goods and services and 99% are for speculation.
The size, unpredictability and irrationality of the global foreign exchange markets have made it harder and harder to manage national and regional economies.
Computer-controlled selling programmes turned a random blip into an avalanche, burying jobs, lives and industries across the globe.
The only arguments against it are: firstly, it would impair the efficiency of the foreign exchange market - a little fanciful in light of the financial feeding frenzies we have seen that have destroyed jobs throughout the world, in East Asia, Europe and Latin America.
Mr Chirac has described those who engage in this as the Aids virus of the world economy.
What is necessary is to throw some sand into the wheels of the currency speculators, stockbrokers and option traders.
Of course, this cannot be done in one country; it cannot be done within the single currency area, but it could be done at international level with global cooperation.
Europe, Japan and the US - the euro, the yen and the dollar, would constitute, in my opinion, such a block.
I am disappointed in the EPP.
I thought at least they read the resolutions they were going to vote on.
Yes, I am in favour of such a tax, but it is not what we are going to vote on tomorrow.
What we are going to vote on tomorrow is to ask the Commission to study the matter, to look at what steps and what conditions would be necessary for the introduction of such a tax.
Equally I understand the Commissioner failing to endorse such a tax, but I cannot understand why he failed to have the courage to welcome the opportunity to demonstrate the truth of his position by a study of the issue.
There is nothing so closed as a closed mind.
The tax has the support of 47% of the people in the UK, according to a recent survey by War on Want.
In France it has had enormous resonance, particularly when linked to a demand to use the proceeds to help the Third World out of its debt and poverty.
This issue can no longer be ignored by Parliament, the Council or the Commission.
There is now a weight of public opinion demanding an answer more sophisticated than: "It has not been done before".
In the new millennium, with new global problems requiring new global solutions, they need to give good arguments why it cannot be done now, rather than why it has not been done in the past.
Madam President, Commissioner, a compromise resolution on the usefulness of a tax on international financial flows would constitute a first step towards the essential amendment of many international rules.
I have two or three points to make in this respect.
One of the main demands of the demonstrators in Seattle was, rightly, the establishment of this type of tax, and this is not by chance.
The proposal of this tax today sends out a strong signal from the rich European countries proving that they want to move away from the culture of egoism.
Everyone feels that this kind of joint tax is a virtuous measure which does not prevent trade but is aimed primarily at speculation and its perverse effects. The Members on the right should note this.
It symbolises the need for solidarity with the countries of the south, particularly those in Africa, the Caribbean and the Pacific which questioned us extensively on this subject in Seattle.
In order to fully achieve its objective, the money supply released by such a tax must be redistributed among the poorest countries.
This is how we can give sense and morality to the commercial rules and show solidarity with the people of the south.
Madam President, we cannot just keep repeating the number which several previous speakers have quoted; we must also mention the fact, Commissioner, that 80% of these huge, daily foreign exchange sales have an investment term of no more than eight days.
We cannot maintain a situation in which investments and the creation of jobs are less lucrative than short-term sales of foreign currency and shares.
We cannot maintain a situation in which we allow ourselves to destroy the opportunity to take political action. We cannot maintain a situation in which income from non-economic activities increases more and more quickly.
It has been demonstrated in Germany that income from monetary assets has almost doubled from 7.6% of overall economic income since Tobin developed his idea.
We cannot maintain a situation in which the poorest countries of the world are most exposed to the speculative arguments surrounding short-term currency fluctuations.
Nor do I believe that this is impracticable.
Why should it not be possible for the G7 countries, the other EU Member States, China, Singapore and Switzerland to come to an agreement on the introduction of the Tobin tax?
There must be an overriding economic interest.
Why should it be impracticable, and it can be differentiated, to impose this tax on spot foreign exchange transactions, all the so-called cash transactions, currency futures and options?
Why should it be impracticable to set this tax at a rate which does not jeopardise the long-term investments needed by the economy but which finally makes short-term and speculative investments unattractive.
Numerous very difficult questions are bound to arise, but the only real problem which I can see so far is one of political will and the St. Florian principle of shifting responsibility from one agency to another which has now taken hold.
Madam President, we are not asking for more bureaucracy, as Mr Karas put it just a few minutes ago.
We are looking for solutions.
Of course capital markets need clarity - that is actually the idea.
The Tobin tax will bring some transparency to a very obscure question.
"The more progress is made towards trade liberalisation, the more rules are needed", as Commissioner Lamy said during the Millennium Round in Seattle.
He recognised that the combined impact of the single market and the single currency that characterise the process of the European Union's construction is intimately linked to a huge amount of new regulations.
Now that financing is readily available across national boundaries without any difficulty the same approach will obviously be strictly necessary, all the more so as we consider that an enormous amount every single day is employed in speculative transactions.
We citizens of the world cannot afford the current rate of speculation.
To continue would be economic suicide.
Honourable Members, Commissioner, it is often said that Europe has succeeded in stabilising the economic sector, but this is only true if we confine ourselves purely to the public sector.
If we look at the private sector, however, we will find not only that this fabled 'financial stability' has been unsuccessful but that we are most probably sitting on a volcano ready to erupt at any moment.
The debt burdens of the private sector and the corresponding excessive inflation of Stock Exchange securities, the two main market stability indicators, have, for some time, been at danger levels, as the Commission report on the economic situation in Europe clearly illustrates.
The fact that the public accepts such rates and does not just abandon all financial activities in a panic can be explained by overambitious expectations over future gains.
Speculative activities are growing beyond measure and are, in turn, generating profits which will eventually prove to be merely fictitious.
Over-optimism will give way to disappointment and fear, which, in turn, will result in a stock market and economic crisis.
The danger is too great for us to ignore. We ought to face it regardless of how difficult it may seem.
Modern economic science has provided an exceptional instrument with the Tobin proposal and others, which we will be able to use if we have the political will to make a start.
That is what we are lacking, Commissioner: the political will to make a start in tackling speculation.
No longer should there be a place in democracy for the worship of, or for this fatalist approach towards, market forces as adopted by the liberals - and I am sorry that Mr Gasòliba I Böhm has left - as this will only lead to its ruin.
Madam President, Mr Bolkestein, the ignorance surrounding this debate is unbelievable.
We needed a Greek Member to finally tell us what this Tobin tax means.
You reject it flatly because you do not understand the first thing about it.
That the Right opposes taxes is quite understandable, except that they should never have been allowed to spirit their millions, or rather billions, into Switzerland.
We all know that!
But now I call on you, in all consciousness, to help put a stop to speculative financial transactions and undermining long-term projects with long-term capital.
It has never been done in south-east Asia, it has never been done in Europe, and I can understand why Mr Karas from Austria has left the chamber, given Austria' s financial record.
They are all tarred with the same dirty brush!
We need a Tobin tax to give us a fiscal instrument with which we can intervene.
Madam President, I am totally appalled by the Commission' s, i.e. Mr Bolkestein' s, political ignorance!
He should perhaps use his position on the Tobin tax to ask himself why he is here at all!
Madam President, I too have found parts of the debate quite bizarre.
It is perhaps not by chance that the Conservative benches have emptied because that which is represented as market freedom no longer has anything in common with the noble principles of the social market economy which has brought so much prosperity to us here in western Europe over recent decades.
If we continue down this path, and this is the ideology, and declare the financial markets to be sacrosanct and even claim that any intervention in the workings of these markets is contrary to progress and contrary to the growth of the economy, then we will quite certainly be on the wrong tack and that could take on quite dangerous proportions.
Those who own the monetary assets are currently amassing huge fortunes which are again screaming out to be reinvested.
We have asset inflation of global proportions.
As a result, speculative bubbles continually arise on the financial markets, causing growing economic instability which, in turn, jeopardises the entire economy.
And it is precisely the medium-sized undertakings and large numbers of employees who suffer as a result.
We can take action against this; it is possible.
The minimum requirements for this would be for a proper study to be carried out at long last, not only by the Commission, but by reputable economic institutes throughout Europe.
That too is feasible.
And then perhaps everyone will stop bandying about arguments which are asking for trouble!
It is not correct that the Tobin tax is technically impracticable - it is quite feasible in the age of the computer.
The fact that tax havens are frequently nothing but hard disk storage space for large European banks here at home must not be ignored.
In short, we must not allow real capital and speculative capital to become so remote from each other, because otherwise we shall be steering towards situations which we experienced on this continent time and again during the last century and which had catastrophic results.
Madam President, let us indeed tax money speculation: it does not produce anything new.
The tax would be targeted at the right place: at the speculators.
Who is going to defend these speculators, when nurses and teachers are paying top rates of tax?
Article 73 c of the Treaty establishing the European Union provides scope for taxation on transactions.
Those who oppose taxation on currency dealing are in favour of those tax-recycling centres, the tax havens, of which there are 62 in all.
The Union should make a tax pact, which any countries could initially be party to.
The low rate Tobin tax would not cause tax-recycling problems.
It is strange to claim that if everyone is not included it would be impossible to bring into effect.
The European Union was founded through the efforts of just a few countries, and you see how we are today.
The truth is the greatest problem is a political one: they do not want to tax capital, but raise personal taxation instead.
In the end tax would politicise the global, undemocratic system of financial power.
Ladies and gentlemen, we must challenge the monopoly the world' s speculative elite have on planning the world' s economy by remaining outside the tax system.
Madam President, may I begin by extending a heartfelt thanks to all speakers and, above all of course, Mr Désir, for the fact that this debate is taking place this evening.
Whatever one may think about the topic of debate, it is evident that it is an important one.
This is why it has been around for years, and it is satisfying that the Commission is being afforded the opportunity this evening to give a response.
I would like to start by underlining two remarks made by the Member of your Parliament, Mr Gasòliba. He said that globalisation is a positive phenomenon, and I share his view.
I believe that globalisation has helped many countries which, so far, have been on the sideline of the world trade streams to participate in these and be incorporated into the world trade system and, as far as I am aware, no country has ever been worse off by participating in international trade.
In other words, as indeed already remarked by Mr Gasòliba, globalisation is, in my view, positive, and I am of the opinion that it has contributed to a new international distribution of labour which has been pursued by many people for many years.
A second remark made by Mr Gasòliba was that there is currently no evidence that the Tobin tax will stabilise the exchange rates.
I think that he is correct in this regard.
I too am not aware of any reason why a tax on exchange rate transactions would lead to a stabilisation of exchange rates.
I am of the opinion that these are two important remarks, and that is why I am reiterating them here.
Madam President, could I furthermore point out that none of the speakers this evening has drawn a link between the Tobin tax on the one hand and the functioning of the European Union on the other?
Surely we are all familiar with the Treaty of Rome and know that one of the four freedoms is the freedom of capital movement.
Madam President, I can assure your Parliament that my day-to-day work consists partly of attempting, in conjunction with my offices and colleagues, to completely integrate the financial markets within Europe, thus enabling financial transactions to run as easily and smoothly as possible.
In my capacity as Commissioner for the Internal Market, I am, in other words, opposed to all measures which hamper international financial transactions.
You could hardly expect this Commissioner to agree with a tax which would, in fact, impede international economic movement.
Once again, the Tobin tax is, in my view, at odds with the Treaty of Rome, and this is an important, theoretical objection which has not been considered by any of the speakers this evening.
Madam President, apart from these - to my mind - quite fundamental observations, there are also practical objections to the Tobin tax, as already underlined by Mr Karas and other speakers.
It has unfortunately been observed, I have to say, that the European Union has failed to reach agreement internally on specific tax measures. This indicates how difficult these dossiers are.
If we have not been able to reach agreement internally, I wonder whether we will then be able to convince the other trade partners.
I think that this will be problematic.
Madam President, Mr Jonckheer has stated that this could be one of the measures for stabilising the financial markets.
I think, however, that instability is merely a symptom and that we should be looking at the underlying causes.
I think that it is preferable to fight the causes rather than attempt to tackle the symptoms when this is probably not possible and when, as already stated, the measure concerned is pretty certainly at odds with the Treaty of Rome.
In order to remove these causes, one has to look at what is happening in the countries in question.
Is it the case that these countries can boast of what is termed in English 'good governance' ?
Is it the case that there is low inflation and that there are low interest rates?
That the markets for production factors, including the labour market, operate flexibly?
That is not always the case.
So if we want to look into what causes exchange rate instability, then we need to take into account the elements of good governance and focus on these first.
In addition - and this has also been mentioned already, for example by Mr Gasòliba I Böhm, but also by others - there is a need for more supervision.
More supervision nationally - supervision by national governments of national banks - and internationally, for example by means of the IMF.
So I believe the best way to tackle the causes is by ensuring, on the one hand, that good governance is observed in the countries in question and that, on the other hand, there is more supervision nationally and internationally in order to avoid these lapses.
Madam President, according to various Members of your Parliament, more funding should still be made available for major projects.
For example, Mr Kreissl-Dörfler spoke in English about 'long-term capital for long-term projects' - this is an obvious issue.
My reply to this is that, firstly, countries should honour their pledges, namely make 0.7% of their Gross National Product available for development aid and cooperation, so that a great deal more money becomes available than at present for such long-term projects and via a route established for the purpose, namely contributions to development cooperation, and not via an artificial and probably harmful route, namely the Tobin tax.
Madam President, I should like to leave it here.
As far as the resolution is concerned, of which I have seen a draft, the Commission will await the vote and will, based on this, determine its stance.
I thank you for giving me the opportunity to take part in this debate.
I have received four motions for a resolution, tabled pursuant to Rule 40(5) of the Rules of Procedure.
Madam President, unfortunately I do not have your mastery of the French language.
But I would be obliged if Mr Bolkestein would just listen for a minute, which I think he cannot do at the same time as talking to Mrs Randzio-Plath.
Could you please draw his attention to the fact that I have something to say to him?
Monsieur Bolkestein, je veux vous dire quelque chose!
Unfortunately, my Dutch is not as good as yours.
But I would rather like to say something else to you.
Parliament is not taking the initiative and supporting a Tobin type tax just to annoy the Commission.
We want to examine the possibility of introducing a Tobin tax. It will be just one of several instruments and hopefully you will be on our side in this.
From a political point of view, I always fret when people say, we neither need, want nor can we achieve these things!
It is not your job, it is our job to decide on that.
It also has something to do with the newly awoken self-consciousness of this Parliament.
I just want to discuss it with you, no more and no less.
We can do so without going off at other tangents. I respect you as a serious Commissioner who wants to take his work seriously.
Please respect us as Members of Parliament who want to take our work seriously, and that includes the Tobin tax!
Madam President, an omission appears to have been made. In the list of tabled motions for a resolution which you have just read out, no mention is made of the compromise motion tabled jointly by the PSE, ELDR, GUE/NGL and Greens/EFA Groups and by Mrs Kuntz and Mr Coûteaux.
Mr Désir, I note your comment and the existence of this joint motion for a resolution.
If the services of the Presidency confirm that this was correctly tabled, it will be included.
The debate is closed.
The vote will take place on Thursday at 12.00 p.m.
(The sitting was closed at 8.14 p.m.)
Adoption of the Minutes of the previous sitting
Mr President, I simply wanted to pass on some news.
There was a terrorist attack this morning in Madrid.
Someone planted a car bomb and one person has died.
On behalf of my Group, I once again condemn these terrorist acts.
Thank you, Mrs Fraga Estévez.
We had heard about this regrettable incident.
Unfortunately, the terrorist murderers are once again punishing Spanish society. I note your comments with particular keenness, as you may expect, given that I too am Spanish.
(The Minutes were approved)
Resumption of the session
I declare resumed the session of the European Parliament adjourned on Friday, 21 January 2000.
Madam President, allow me to remind you that tomorrow will be the second anniversary of the Cermis tragedy.
Two years ago, in Cavalese in Italy, an American aeroplane from the Aviano NATO base cut through the cables of a cable car during a low-flying exercise which exceeded safe limits, causing the deaths of more than 20 Europeans.
Since then, the victims' families, who have not had the consolation of justice, since the pilot responsible has not faced criminal charges, have been awaiting solicitous financial compensation from the United States at the very least.
I therefore appeal to the President of this House and the President of the Commission for them to stand surety for immediate compensation from the U.S. authorities, and this is in order to uphold the rights of the victims' families.
Mrs Angelilli, thank you. I have taken note of your comment.
Agenda
Madam President, I would like to express my support for the decision of the Conference of Presidents, and, since I publicly criticised the presidency in January, I would like to take this opportunity to say, both for myself and on behalf of the Socialist Group, that we now find the presidency' s statements on this issue to be appropriate, and we agree on their basis, their importance and their form.
Madam President, it would really be very difficult to imagine a debate which is more in accordance with Rule 50 of our Rules of Procedure.
This debate is topical, exceptionally important and urgent.
We therefore believe that the agenda should be amended to include it.
(Applause)
Is there anyone who wishes to speak against this proposal?
Madam President, I shall speak against this proposal on the grounds of a principle which I consider absolutely vital with regard to observance of the Treaties, and with particular regard to Article 7 of the Treaty of Amsterdam.
Madam President, until now we believed that the European Union was, according to the Treaty of Rome and the Treaty of Paris founding the European Communities, and subsequently the Union, an association of free, independent, sovereign states.
Even though many developments cast doubt on this, we did believe, in spite of everything, that this was the case and, more recently, reference was made, albeit half-heartedly, to the principle of subsidiarity.
Well, patently, if we do open this debate today, Madam President, as you are requesting and as the Conference of Presidents is requesting, on the basis of Rule 50, we shall then be opening up a fearsome breach in the principle of the freedom and sovereignty of the national states and the free constitution of democratically elected governments, enabling some other majority in this Parliament, at some future time, to claim the right to interfere in the formation of a government even though it has assumed power on the basis of free, regular, peaceful and democratic elections within a Member State.
If you ratify ...
Mr Gollnisch, excuse me, you have one minute.
I know that you always take particular care to ensure that the Rules of Procedure are observed.
Madam President, I thought I had three minutes.
Do forgive me.
If you ratify this development, then you are ratifying the development of the Union into a body which violates the sovereignty and the freedom of the Member States, and we should then have no option but to withdraw from such a Union.
TOPICAL AND URGENT DEBATE
The next item is the debate on topical and urgent subjects of major importance.
Talks in Austria on forming a government
The next item is the debate on the talks in Austria on forming a government.
I shall immediately give the floor to Mr Seixas da Costa, President-in-Office of the Council.
Madam President, President of the Commission, President-in-Office of the Council, the Group of the Party of European Socialists hopes that this debate will send three messages to the European public. Let it be noted that we are completely united on all three counts.
Firstly, we wish to express our total support for, and our solidarity with, the statement of the Presidency-in-Office of the Council and the 14 Member States, because we believe that this statement is in accordance with the common values, and not just the political force, which we have all built together.
In any event, these common values are in complete opposition to those held by the party ironically known as the Austrian Freedom Party.
The Europe we are building is born of the bitter experiences we have all suffered, and the Socialist Group condemns the insults which have been directed at the President of the French Republic and the Belgian Government, but also at the Socialists, who are European citizens as well, because, at the moment, the Austrian Socialists are being described as traitors to their country.
I will say one thing. For many years I was a traitor to my country; at least that was General Franco' s view.
President Guterres was also a traitor in Salazar' s eyes, and that is something that I believe should also be stated and defended by the PPE-DE.
I also believe that the Commission, or President Prodi, has acted as a guardian of the Treaties. However, I would remind him that, during his inaugural debate, he described the Commission as a European government.
A government must have more nerve and more courage. That is what I am asking President Prodi for at this moment.
(Applause)
With all due respect to a Commissioner as effective as Mr Fischler, and given that we have heard contradictory comments, depending on the translation, with regard to a possible request by President Prodi for the resignation of Mr Fischler, I would be very grateful if this point could be clarified in this House.
Secondly, Madam President, we wish to send a very clear message to the Austrian people.
This is an appeal to the majority of Austrians who have not voted for Haider, who have voted for the clearly democratic options, committed to Europe, and I must point out that Mr Schüssel may have been Minister for Finance, but Chancellor Vranitzky also contributed to Austria' s integration process.
We should not be so politically partisan.
The accession of Austria to the Community was a joint venture. We all took part in it, not just one group.
Therefore, Madam President, I believe that it is our right and our obligation to ask the Austrians to reconsider and reflect, because this type of menace, which we have suffered before in Europe, may not only harm Austria, but it may also spread, and I say this bearing history in mind.
Therefore, apart from the apology which Mr Schüssel has made, offering us all kinds of guarantees, as did Chamberlain and Daladier in 1938 in Munich, I would like to know whether the PPE intends to implement measures in relation to the Austrian People' s Party, if it goes ahead with this mad project.
Thirdly, if we do not stand up to this unnatural alliance, I can assure you that we can forget the European Union' s main objective - enlargement - because, if we were Czechs, Slovenes or Hungarians, what would we say, faced with a neighbour who judges us on racial grounds and does not want us to enter?
I therefore think that this is a great day for European politics to commence.
We support the Council and we believe that it is our right and our obligation to appeal to the Austrian people to seriously reconsider this completely crazy option.
(Applause from the PSE Group)
Madam President, we could have been debating the need to reinforce the founding principles of the Union, so that we can uphold them together. Instead, we have been forced to debate the formal, substantial errors that have been made in the last few days.
We are astonished by the political naivety of people who, with thoughtless words, have bolstered Mr Haider' s position in Austria and made the Union look ridiculous, riding roughshod over Article 7 of the Treaty by announcing unconstitutional measures.
We have never before seen such serious, clumsy interference in the internal affairs of a Member State.
Of course, we cannot violate the founding values of Europe, and in this regard, the Italian Prime Minister stated that these principles are included in a treaty: he mentioned the Treaty of Copenhagen, which I, like you, have never heard of because it does not exist.
Maybe he was referring to the Treaty of Amsterdam, Article 6 of which lists certain principles and Article 7 certain procedures, in order to establish that a Member State is seriously and continuously violating the principles referred to in Article 6.
However, up till now, Austria has committed no serious or persistent violation.
Apart from amounting to interference, the statement by the Presidency is discriminatory because it authorises the penalisation of a population and denies these people their right to choose who to vote for.
No political cohesion has so far come about, not even in the fight against organised crime, or in defence of the victims of genocide; we do not have a currency that is even remotely stable or an economy which really does combat unemployment and poverty; but it only took one minute of iconoclastic fury to destroy the Union' s credibility.
Sanctions can be imposed after the Treaties have been violated, but cannot be applied if a democratically elected party enters government.
Otherwise, how will we deal with Communist countries which return to Communism: will we throw them out of the Union too if Communists enter into government, or will Stalin' s grandchildren be forgiven for everything?
(Applause from the right) It is via diplomacy, persuasion, knowledge, and solidarity, and not with threats or via anti-constitutional means that the institutions can ensure respect for themselves and for principles.
Bilateral relations involve the States, so the 14 do not come into this.
This is riding roughshod over the European institutions in order to defend political ways of thinking, with an incompetence worthy of parties which have just emerged from totalitarian regimes. It is not what you would expect of the representatives of democratic traditions.
So many things set us apart from Mr Haider - as we have often written - including his claim to the completely Italian Alto Adige region.
However, we already knew this. However, today we are concerned to learn that other representatives of the Union seem to have turned their backs on the Union' s democratic role.
We support legality and democracy as expressed by the peoples, and favour upholding national sovereignty as long as this does not violate the principles of the Treaty or human rights.
We believe in Europe, while it seems that others have started the process of breaking up the Union.
This is what has come of rushing headlong into enlargement and not clearly defining roles and tasks.
We have built a Europe with an unstable market, not a Europe with principles, rights and politics.
And these are the consequences!
Therefore, we can but call on the Commission to continue to show restraint and praise those who are working to safeguard the independence and sovereignty of the Austrian people, thereby ensuring that this people retains its freedoms and maintains good relations with other peoples.
Madam President, today we have an appointment with hypocrisy.
Here we have a Council which has managed to flout the treaty and employ a method completely unrelated to Articles 6 and 7 which make it possible to condemn a State in the event of a serious and persistent breach.
In the event there is absolutely no serious and persistent breach in Austria.
There are risks, as we are all aware, but in the event there is absolutely no serious and persistent breach.
If we were to apply the criteria of Articles 6 and 7 or the Copenhagen criteria to the European Union, then, most certainly, this European Union could not become a member, although the countries of Eastern Europe are required to meet them.
And if we were to speak of serious and persistent breaches, then perhaps we could mention some Member States, such as Italy and France, first and third, respectively, in the list of countries condemned by the Council of Europe and the Strasbourg court.
We could mention, my Belgian friends, Belgium and the Dutroux case, the dozens upon dozens of children kidnapped, tortured, raped and murdered by leading personalities in this country, where inquiries are bogged down, making no headway.
We could, if one third of the Members of Parliament so requested, require that the Council and the Commission look into the matter.
We could ask ourselves why the Austrians are rejecting 10 years, 13 years of party politics which has made one country - Austria - corrupt and rotten, just as it is now corrupting countries such as Italy, Belgium and other European Union Member States.
We might well wonder why 76% of Belgian citizens have no faith in the justice system in their country or why 56% of French citizens have no confidence in their country' s system of justice, and 53% of Italian citizens have absolutely no confidence in Italian justice...
(The President cut the speaker off)
Madame President, my group, the EDD, and especially my party, are very concerned by this debate.
We cannot, and we do not, support in any way the sentiments and politics of Herr Haider and we deplore his references to the Third Reich.
We also, however, deplore the fact that your Parliament should consider interfering in the policies of an elected government of any country, especially one which is part of the European Union.
My party at home are certainly not racists, but we do not accept the rule or interference of the European Union very well.
Are you going to interfere with Great Britain' s Parliament if we are elected?
Madame President, the people of Austria have spoken by electing Herr Haider to their Parliament.
I believe they gave him 28% of the vote so there is going to be a coalition government.
Your Parliament, may I suggest, Madame President, should wait to see if the party of Haider has an effect on the policies of that country.
Then, and only then, might you consider if human rights are affected.
Your Parliament may consider measures appropriate to counter that situation and then, Madame President and only then, may your Parliament consider interfering in the constitutional affairs of a country of the European Union.
