TEXTS ADOPTED. at the sitting of. Thursday 11 April 2002 TA P5_TAPROV(2002)04-10 PROVISIONAL EDITION PE

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1 TEXTS ADOPTED at the sitting of Thursday 11 April 2002 TA P5_TAPROV(2002)04-10 PROVISIONAL EDITION PE

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3 CONTTS TEXTS ADOPTED P5_TAPROV(2002)0175 International terrorism * (procedure without report) (C5-0132/2002) Proposal for a Council regulation imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (COM(2002) C5-0132/ /0059(CNS))...1 P5_TAPROV(2002)0176 Workers' exposure to asbestos ***I (A5-0091/ Rapporteur: Elisa Maria Damião) Proposal for a European Parliament and Council directive amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (COM(2001) 417 C5-0347/ /0165(COD))...6 Legislative resolution...18 P5_TAPROV(2002)0177 COM in ethyl alcohol of agricultural origin * (A5-0073/ Rapporteur: María del Pilar Ayuso González) Proposal for a Council regulation on the common organisation of the market in ethyl alcohol of agricultural origin (COM(2000) 101 C5-0095/ /0055(CNS))...19 P5_TAPROV(2002)0178 Preparation of Euro-Mediterranean Foreign Ministers' meeting in Valencia, 22/23 April 2002 (A5-0087/ Rapporteur: Pere Esteve) European Parliament resolution on the Commission communication to the Council and the European Parliament to prepare the meeting of Euro-Mediterranean Foreign Ministers, Valencia, April 2002 (SEC(2002) 159 C5-0128/ /2057(COS))...20 P5_TAPROV(2002)0179 EU strategy towards China (A5-0076/ Rapporteur: Vasco Graça Moura) European Parliament resolution on the Commission communication to the Council and the European Parliament on a EU Strategy towards China: Implementation of the 1998 Communication and future steps for a more effective EU policy (COM(2001) 265 C5-0098/ /2045(COS))...31 \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ I

4 P5_TAPROV(2002)0180 Social protection (A5-0071/ Rapporteur: Carlo Fatuzzo) European Parliament resolution on the Commission communication 'Supporting national strategies for safe and sustainable pensions through an integrated approach' (COM(2001) 362 C5-0012/ /2017(COS)) P5_TAPROV(2002)0181 Risk capital action plan (A5-0020/ Rapporteur: Peter William Skinner ) European Parliament resolution on the Commission communication to the Council and the European Parliament on implementation of the risk capital action plan (RCAP) (COM(2001) 605 C5-0015/ /2213(COS)) P5_TAPROV(2002)0182 Protection of minors and human dignity (A5-0037/ Rapporteur: Christopher J. P. Beazley) European Parliament resolution on the evaluation report from the Commission to the Council and the European Parliament on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity (COM(2001) 106 C5-0191/ /2087(COS)) P5_TAPROV(2002)0183 Cooperation with third countries in the field of cooperation (A5-0035/ Rapporteur: Marielle de Sarnez) European Parliament resolution on the Communication from the Commission to the European Parliament and the Council on strengthening cooperation with third countries in the field of higher education (COM(2001) 385 C5-0538/ /2217(COS)) P5_TAPROV(2002)0184 Second United Nations World Assembly on Ageing (Madrid, 8-12 April 2002) (B5-0239, 0240, 0241, 0242 and 0243/2002) European Parliament resolution on the Second United Nations World Assembly on Ageing (Madrid, 8-12 April 2002) P5_TAPROV(2002)0185 Moldova (B5-0210, 0212, 0219 and 0232/2002) European Parliament resolution on the political situation in Moldova and the disappearance of Vlad Cubreacov P5_TAPROV(2002)0186 Burma/Myanmar (B5-0209, 0213, 0221 and 0234/2002) European Parliament resolution on Burma/Myanmar P5_TAPROV(2002)0187 Indigenous minorities in Vietnam and closure of the refugee camps in Cambodia (B5-0208, 0214, 0222 and 0235/2002) European Parliament resolution on indigenous minorities in Vietnam and closure of the refugee camps in Cambodia II /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

5 P5_TAPROV(2002)0188 Human rights: Violation of human rights in Nigeria (B5-0207, 0211, 0215, 0225, 0227 and 0236/2002) European Parliament resolution on the violation of human rights, specifically women's rights, in Nigeria...78 P5_TAPROV(2002)0189 Human rights: Human rights situation in Guatemala (B5-0202, 0206, 0224 and 0228/2002) European Parliament resolution on the human rights situation in Guatemala...82 P5_TAPROV(2002)0190 Human rights: Channel Tunnel (B5-0200, 0205, 0223 and 0233/2002) European Parliament resolution on the issue of refugees and obstruction of rail freight through the Channel Tunnel...84 P5_TAPROV(2002)0191 Human rights: EU position for the next special session of the UN General Assembly on Children (B and 0238/2002) European Parliament resolution on the EU position in the Special Session on Children of the UN General Assembly...87 P5_TAPROV(2002)0192 Angola (B5-0204, 0217, 0220, 0226 and 0230/2002) European Parliament resolution on Angola...90 P5_TAPROV(2002)0193 Torrential rain in Tenerife and eastern Spain and climate change (B5-0218, 0231 and 0237/2002) European Parliament resolution on the torrential rain affecting Tenerife and the east coast of Spain and climate change...93 \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ III

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7 P5_TAPROV(2002)0175 International terrorism * (procedure without report) Proposal for a Council regulation imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (COM(2002) C5-0132/ /0059(CNS)) (Consultation procedure) The proposal was approved as amended: Text proposed by the Commission Amendments by Parliament Amendment 1 Recital 4 (4) These measures fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. (4) These measures fall under the scope of the Treaty and, therefore, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. Amendment 2 Recital 5 (5) In order to create maximum legal certainty within the Community, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, should be made publicly known and a procedure should be established within the Community to amend these lists. (5) Taking into account the fact that the list of persons, entities and bodies whose funds should be frozen has been determined under the sole responsibility of the relevant UN Sanctions Committee, in order to create maximum legal certainty within the Community, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 1

8 should be made publicly known and a procedure should be established within the Community to amend these lists and to request the proper procedure for the revision of the lists by the Sanctions Committee, in particular since the list in Annex I of the Regulation includes European Union citizens whose assets have been frozen, despite the fact that no judicial proceedings have taken place and no evidence has been provided. Amendment 3 Recital 5 a (new) (5a) The Court of Justice of the European Communities has jurisdiction in actions brought by the persons listed, pursuant to Article 230(4) of the Treaty. Amendment 4 Recital 5 b (new) (5b) The Court of Justice of the European Communities also has jurisdiction to give preliminary rulings concerning the validity and interpretation of this Regulation. Amendment 5 Recital 7 (7) UN Security Council Resolution 1267 (1999) provides that the relevant UN Sanctions Committee may grant exemptions to the freezing of funds on grounds of humanitarian need. Therefore, provision needs to be made to render such exemptions applicable throughout the Community. (7) UN Security Council Resolution 1267 (1999) provides that the relevant UN Sanctions Committee may grant exemptions to the freezing of funds on grounds of humanitarian need. Therefore, provision needs to be made to render such exemptions applicable throughout the Community. Notwithstanding the adoption of such exemptions by that Sanctions Committee, interim measures may be prescribed by the Court of Justice pursuant to Article 243 of the Treaty to ensure respect for the non-derogable human rights referred to in Article 4(2) of the International Covenant on Civil and Political Rights (ICCPR), in 2 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

9 particular the right to life referred to in Article 6 thereof. Amendment 6 Recital 9 (9) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and cooperate with the relevant UN Sanctions Committee, in particular by supplying information to it. (9) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and cooperate with the relevant UN Sanctions Committee, in particular by supplying to it any information, including requests presented by interested parties for the addition or deletion from the list of persons and entities, in particular of citizens or residents of the European Union, and for the granting by the Sanctions Committee of exemptions on grounds of humanitarian need. Amendment 7 Article 2, paragraph 3 3. Paragraphs 1 and 2 shall not apply to funds, other financial assets and economic resources for which the Sanctions Committee has granted an exemption. Exemptions granted by the Sanctions Committee shall apply throughout the Community. 3. Paragraphs 1 and 2 shall not apply to funds, other financial assets and economic resources for which the Sanctions Committee has granted an exemption or in respect of which interim measures have been prescibed by the Court of Justice to ensure respect for the non-derogable human rights referred to in Article 4(2) of the ICCPR. Exemptions granted by the Sanctions Committee shall apply throughout the Community. Amendment 8 Article 4, paragraph 2 a (new) 2a. Any information that could give rise to the granting of an exemption for persons or entities listed in Annex I shall be notified to the Commission. \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 3

10 Amendment 9 Article 5, paragraph 3 3. Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned, as listed in Annex II. 3. Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned, as listed in Annex II, as well as to the competent committee of the European Parliament in accordance with the relevant procedures. Amendment 10 Article 7, paragraph 2 2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation. 2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations and relevant international human rights instruments, the Commission( 1 ) shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation including informing the Sanctions Committee of interim measures prescribed to ensure respect for the non-derogable human rights and, where appropriate, of requests for the addition or deletion from the lists of persons and entities, in particular of citizens or residents of the European Union, and for the granting of exemptions by the Sanctions Committee on grounds of humanitarian need. (1) In the common position to be adopted by the Council pursuant to Article 15 of the EU Treaty, on which the European Parliament should in future be consulted, it should be clearly stated that "The Commission, the Council, and the Member States shall in their contacts with the UN Security Council and its committees support the common positions agreed within the Council." Amendment 11 Article 7, paragraph 2 a (new) 4 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

11 2a. The Commission shall regularly inform the European Parliament of its contacts with the Sanctions Committee and, in particular, of cases where a request to delete from the list citizens or residents of the European Union or to grant an exemption is refused. Amendment 12 Article 7, paragraph 2 b (new) 2b. The Commission shall also provide to the competent committee of the European Parliament, in accordance with the relevant procedures, the implementation reports submitted in accordance with paragraph 10 of UN Security Council Resolution 1267(1999). Amendment 13 Article 9 This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation. Without prejudice to the respect of non-derogable human rights referred to in Article 4(2) of the ICCPR, this Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation. Amendment 14 Article 13, paragraph 1 a (new) This Regulation shall expire on the same day as UN Security Council Resolutions 1267(1999) and 1390(2002). \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 5

12 P5_TAPROV(2002)0176 Workers' exposure to asbestos ***I Proposal for a European Parliament and Council directive amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (COM(2001) 417 C5-0347/ /0165(COD)) The proposal was amended as follows: Text proposed by the Commission 1 Amendments by Parliament Amendment 1 RECITAL 1 a (new) (1a) In view of the Council's Conclusions, the Commission should submit proposals to amend Directive 83/477/EEC in the light of the more detailed research on limits for exposure to chrysotile and the methods for measuring airborne asbestos (having regard to the method adopted by the World Health Organisation (WHO)). Similar steps should be taken regarding substitute fibres. Amendment 2 RECITAL 3 a (new) (3a) In the light of Directive 83/477/EEC, Member States, through the proper official authorities and authorities serving the public interest, notably civil protection services, factories inspectorates, local authorities, employers organisations in the industries most directly concerned, trade unions, victims associations, and any bodies that might wish to intervene, should ensure full compliance with European and national legislation by every means available, to avoid asbestos-related diseases claiming further deaths in the future. 1 OJ C 304 E, , p /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

13 Amendment 3 RECITAL 4 a (new) (4a) In view of the exemption period applying to the ban on the use of chrysotile, the Member States that need to avail themselves of the exemption should, bearing in mind the socio-economic aspects of the industries concerned, encourage the use of substitute products in order to comply as quickly as possible with the total ban on chrysotile for reasons of health protection, as laid down in point 6.2. of Annex I to Directive 76/769/EEC as amended by Directive 1999/77/EC. Amendment 4 RECITAL 4 b (new) (4b) Member States should pay particular heed to the rights of workers, not least their right to health, after mines or factories manufacturing asbestos products have closed down. Amendment 6 RECITAL 5 a (new) (5a) It is worrying that the Commission at present does not have sufficient human resources to meet the needs of technical scientific updating, assessment of enforcement of legislation and revision thereof, and exchange of good practices and relevant information among Member States, for example in connection with the activities of the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work. Amendment 7 RECITAL 6 a (new) \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 7

14 (6a) In view of the laws obtaining in non- Community countries, the Commission should, in conjunction with the amendment of Directive 83/477/EEC, support the ILO in seeking the widest possible application among European Union Member States and other countries of Convention 162 and Recommendation 172 and support the IMO initiative to revise SOLAS regulation IX/1, with a view to protecting crews and passengers by laying down specific operating rules to be observed by teams carrying out repair work. Amendment 8 RECITAL 7 a (new) (7a) Buildings used by large numbers of people, such as offices, hospitals, schools, and the like, sometimes need to be repaired. Whenever a project supervisor has ascertained the presence of asbestos, that fact should be reported to the proper authorities. The technical specifications of the work to be carried out on the above premises should include the measures required to comply strictly with national and Community legislation, thus protecting not only the workers, but also users and residents. Amendment 9 RECITAL 8 a (new) (8a) As regards the ban on the marketing and use of asbestos, the Commission and the Member States should agree on a common position within the WTO to protect European Union Member States which decide to implement the ban before In addition, they should inform the public about current and future mining operations in the European Union. Amendment 11 RECITAL 10 8 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

15 (10) The persons responsible for buildings should be required to identify before the start of the asbestos removal project, the presence or presumed presence of asbestos in buildings or installations and communicate this information to others who may be exposed by the use, maintenance or other activities in or on the building. (10) The persons responsible for buildings should be required to identify before the start of the asbestos removal project, the presence or presumed presence of asbestos in buildings or installations and communicate this information to others who may be exposed by the use, maintenance or other activities in, on or in the immediate vicinity of the building. Amendment 12 RECITAL 12 a (new) (12a) Particular attention must be brought to bear on compliance with labour law, which in this instance is vitally important, especially to help combat precarious employment and ensure compliance with health and safety standards at work. Amendment 13 RECITAL 16 a (new) (16a) The probable admission of new Member States from Central and Eastern Europe increases the need to deal effectively with the problem of exposure to asbestos and resultant ill health. Asbestos was more widely used in these countries than in existing Member States, and can be found in high concentrations, having been used in the construction of workplaces, dwellings, places of entertainment and many other facilities, both internally and externally, and in many cases demands a more systematic programme of removal than that laid down for the existing Member States. Amendment 14 RECITAL 17 a (new) (17a) In order to avoid unfair competition and inequalities in the level of protection afforded to workers and others, the Commission shall bring forward as soon as \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 9

16 is possible, and in any case not later than 31 December 2003, proposals laying down minimum standards with which all national registration schemes for firms involved in the demolition, maintenance or renovation of buildings containing or possibly containing asbestos must comply. Amendment 41 ARTICLE 1, POINT 3 Article 3, paragraph 3 (Directive 83/477/EEC) (3) In Article 3 paragraph 3 is replaced by the following: "3. Provided that the total exposure time of workers does not exceed two hours in any seven day period, and it is clear from the risk assessment required by paragraph 2 that the exposure limit for asbestos will not be exceeded, Articles 4, 15 and 16 shall not apply where work involves: (a) asbestos coating, asbestos insulation or asbestos panelling, or (b) air monitoring, clearance inspection or collection of bulk samples to identify whether a material is asbestos". Deleted Amendment 16 ARTICLE 1, POINT 4, POINT (a) Article 4, paragraph 2, introductory part (Directive 83/477/EEC) 2. The notification shall be submitted by the employer to the responsible authority of the Member States, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of 2. The notification shall be submitted by the employer in charge of the project or project supervisor to the responsible authority of the Member States, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of Amendment 17 ARTICLE 1, POINT 4 Article 4, paragraph 2, point (c) (Directive 83/477/EEC) 10 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

17 (c) the activities and processes involved. (c) the activities and processes involved including measures to prevent asbestos pollution outside the location of the work site. Amendment 18 ARTICLE 1, POINT 4 Article 4, paragraph 2, point (d a) (new) (Directive 83/477/EEC) (da) the undertaking and the worker(s) or the entity contracted to carry out activities involving asbestos. Amendment 19 ARTICLE 1, POINT 5 Article 6, point 2 (Directive 83/477/EEC) 2. Work processes must, in principle, be so designed as to avoid the release of asbestos dust into the air. 2. Work processes must be so designed as to prevent the release of asbestos dust in the air inside and in the environment of the workplace. Amendment 20 ARTICLE 1, POINT 6 Article 7, paragraph 6, subparagraph 1 (Directive 83/477/EEC) 6. Fibre counting shall be carried out wherever possible by PCM (phase contrast microscope) in accordance with the 1997 WHO (World Health Organisation) recommended method. 6. Fibre counting shall be carried out by PCM (phase contrast microscope) in accordance with the 1997 WHO (World Health Organisation) recommended method, although this shall not preclude the use of other more rigorous methods, in particular the SEM-EDX (Scanning Electron Microscopy Energy Dispersive X-ray Analyser) method. Amendments 21 and 42 Article 8 (Directive 83/477/EEC) Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.1 fibres per cm 3 as Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of: \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 11

18 an 8-hour time-weighted average (TWA). asbestos in excess of: (a) 0.1 fibres per cm3 as a 4-hour timeweighted average (TWA), (b) 0.05 fibres per cm3 as an 8-hour timeweighted average (TWA) in the case of: - demolition work, - removal work, - repair work, - maintenance work, with the exception of asbestos cement. Amendment 22 ARTICLE 1, POINT 9, POINT (b) Article 10, paragraph 3 (Directive 83/477/EEC) 3. Where exposure cannot be reduced by other means and where the limit values of individual respiratory protective equipment proves necessary, this may not be permanent and shall be kept to the strict minimum necessary for each worker. 3. Where exposure cannot be reduced by other means and where the limit values of individual respiratory protective equipment proves necessary, this may not be permanent and shall be kept to the strict minimum necessary for each worker. During periods of work which require the use of individual breathing equipment, provision shall be made for breaks appropriate to the physical and climatological conditions, in consultation with the workers and/or their representatives. Amendment 23 ARTICLE 1, POINT 10 Article 10a, first paragraph (Directive 83/477/EEC) Before beginning demolition or maintenance work, employers in control of workplace premises shall take, if appropriate by obtaining information from owners, all necessary steps to identify presumed asbestos-containing materials. Before beginning demolition or maintenance work, employers in control of workplace premises shall take, if appropriate by obtaining information from owners, local authorities, civil protection services, and other authorities, bodies or individuals and in general from anyone who can provide, add to or upgrade such information, all necessary steps and tests to identify presumed asbestos-containing materials. 12 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

19 Amendment 24 ARTICLE 1, POINT 10 Article 10a, second paragraph (Directive 83/477/EEC) If there is any doubt about the presence of asbestos in a material or construction, the regulations and procedures of asbestos removal work shall be followed. Where the complete absence of asbestos cannot be guaranteed, work shall be conducted according to the regulations and procedures to be followed when asbestos is present. Amendment 25 ARTICLE 1, POINT 11 Article 11, paragraph 1, introductory part (Directive 83/477/EEC) 1. In the case of certain activities such as demolition or removal in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: 1. In the case of certain activities such as demolition, removal, repairing, and maintenance in respect of which it is foreseeable that the limits for exposure set out in Article 8(b) will be exceeded despite the use of technical preventive measures for limiting asbestos in air concentrations, the employer responsible for carrying out the work or subcontracting undertaking shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: Amendment 26 ARTICLE 1, POINT 11 Article 11, paragraph 1, point (a) (Directive 83/477/EEC) (a) workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn; and (a) workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn, and which the employer must ensure is worn; and Amendment 27 ARTICLE 1, POINT 11 Article 11, paragraph 1, point (c) (Directive 83/477/EEC) (c) the spread of dust arising from asbestos or materials containing asbestos outside the premises/site of action shall be prevented. (c) the spread of dust arising from asbestos or materials containing asbestos outside the premises/site of action shall be prevented. Warning signs shall be displayed for the \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 13

20 information of any members of the public who may have cause to be in the vicinity. Amendment 28 ARTICLE 1, POINT 12 Article 12, paragraph 2, subparagraph 2, indent 1 a (new) (Directive 83/477/EEC) - where the complete absence of asbestos cannot be guaranteed, work shall be conducted according to the regulations and procedures to be followed when asbestos is present Amendment 30 ARTICLE 1, POINT 13 Article 12a, paragraph 1a (new) (Directive 83/477/EEC) 1a. The public bodies responsible for civil protection and health and safety at work shall provide information and training for SMUs and self-employed persons, the costs of which shall be financed in accordance with the legislation of each Member State. Amendment 31 ARTICLE 1, POINT 13 Article 12a, paragraph 2, point (a) (Directive 83/477/EEC) (a) the properties of asbestos and its effects on health including the synergistic effect of smoking, (a) the specific risks associated with each type of asbestos and the consequences for the health of individual workers and outsiders, including the possible sideeffects of smoking or of other noxious and similarly harmful substances present within the workplace, Amendment 32 ARTICLE 1, POINT 13 Article 12a, paragraph 2, point (i) (Directive 83/447/EEC) (i) medical examination requirements. (i) medical examination requirements, including the frequency of the examinations. 14 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

21 Amendment 33 ARTICLE 1, POINT 14 Article 12b (Directive 83/447/EEC) In order to carry out asbestos demolition or removal work, firms must provide evidence of their ability in this field.' In order to carry out asbestos demolition or removal work, firms must provide evidence of their ability in this field. Each Member State shall establish a national register of suitable, competent enterprises.' Amendment 34 ARTICLE 1, POINT 15 a (new) Article 15, point 3 (Directive 83/447/EEC) 15a. Article 15(3) is replaced by the following: "3. Information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure. The approved medical practitioner or approved occupational health services may indicate the need for medical surveillance to continue after cessation of work for as long as they consider it necessary to safeguard the health of the person concerned. Such continuing supervision shall be carried out in accordance with the laws and practices of the individual Member States." Amendment 35 ARTICLE 1, POINT 17 a (new) Article 16 a (new) (Directive 83/477/EEC) 17a. The following article shall be inserted: "Article 16 a Member States shall introduce adequate and dissuasive sanctions against breaches of the national legislation adopted pursuant to this Directive." \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 15

22 Amendment 36 ARTICLE 1, POINT 17 b (new) Article 16 b (new) (Directive 83/477/EEC) 17b. The following article shall be inserted: "Article 16 b Member States shall set up a national registry of public buildings and of industrial and commercial buildings and sites containing asbestos." Amendment 37 ARTICLE 1, POINT 17 c (new) Article 17 (Directive 83/477/EEC) 17c. Article 17 is replaced by the following: "Article 17 Member States shall keep a register of recognised cases of asbestosis, mesothelioma and other asbestos-related cancers. This register shall be comprehensive, thorough and kept up-todate. The register shall form part of a national health monitoring system for persons who may have been exposed to asbestos." Amendment 38 ARTICLE 1, POINT 18 a (new) Annex II, point 1 (Directive 83/477/EEC) 18a. Point 1 of Annex II is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can give rise inter alia to the following diseases: - asbestosis, - mesothelioma, - bronchial carcinoma, - gastro-intestinal carcinoma. In addition, any pathology caused by occupational exposure to asbestos should be considered an occupational disease. 16 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

23 Where there is doubt, the burden of proof shall lie with the employer." Amendment 40 ARTICLE 1, POINT 19 a (new) Annex II, point 3 a (new) (Directive 83/477/EEC) 3a. Diagnostic criteria shall in principle be common and should be agreed at Community level. The Commission shall, after consultation with the Member States and interested parties, to come forward as soon as possible, and in any case by 31 December 2003 with a proposal for common diagnostic criteria. \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 17

24 European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (COM(2001) 417 C5-0347/ /0165(COD)) (Codecision procedure: first reading) The European Parliament, having regard to the Commission proposal to the European Parliament and the Council (COM(2001) ), having regard to Article 251(2) of the EC Treaty and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0347/2001), having regard to Rule 67 of its Rules of Procedure, having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0091/2002), 1. Approves the Commission proposal as amended; 2. Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. 1 OJ C 304 E, , p /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

25 P5_TAPROV(2002)0177 COM in ethyl alcohol of agricultural origin * Proposal for a Council regulation on the common organisation of the market in ethyl alcohol of agricultural origin (COM(2000) 101 C5-0095/ /0055(CNS)) (Consultation procedure) The proposal was rejected 1. 1 The matter was then referred back to committee pursuant to Rule 68(3). \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 19

26 P5_TAPROV(2002)0178 Preparation of Euro-Mediterranean Foreign Ministers' meeting in Valencia, 22/23 April 2002 European Parliament resolution on the Commission communication to the Council and the European Parliament to prepare the meeting of Euro-Mediterranean Foreign Ministers, Valencia, April 2002 (SEC(2002) 159 C5-0128/ /2057(COS)) The European Parliament, having regard to the Commission communication to the Council and the European Parliament (SEC(2002) 159 C5-0128/2002), having regard to Articles 11 to 18, 21, 23, 27 and 28 of the Treaty, having regard to the Barcelona Declaration and the work programme of 28 November 1995 adopted at the Barcelona Conference, having regard to the conclusions of the Malta Conference of 15 and 16 April 1997, the Palermo Conference of 3 and 4 June 1998, the Stuttgart Conference of 15 and 16 April 1999, the Marseilles Conference of 16 and 17 November 2000 and the Brussels Conference of 5 and 6 November 2001 and the conclusions of the Civil Forums held in Malta, Naples, Stuttgart, Marseilles and Brussels, having regard to the Common Strategy of the European Union on the Mediterranean region, as laid down by the Feira European Council on 19 June 2000, and its resolution of 1 February on the matter, having regard to the final declarations of the first, second and third Euro-Mediterranean Parliamentary Forums, held in Brussels on 27 and 28 October 1998, 8 and 9 February 2001 and 8 November 2001 respectively, having regard to its previous resolutions of 11 October 1995 on the Mediterranean policy of the European Union with a view to the Barcelona Conference (COM(94) C4-0213/94 and COM(95) 72- C4-119/95) 2 and 14 December 1995 on the Euro- Mediterranean Conference in Barcelona 3, 13 March 1997 on the joint report by the Presidency of the Council and the Commission on Mediterranean policy - follow-up to the Barcelona Conference (7987/96 - C4-0414/96) 4 and, in particular, its resolution of 1 February 2001 on the communication from the Commission to the Council and the European Parliament to prepare the fourth meeting of Euro-Mediterranean foreign OJ C 267, , p. 60. OJ C 287, , p OJ C 17, , p OJ C 115, , p /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

27 ministers "reinvigorating the Barcelona Process" (COM (2000) C5-0630/ /2294(COS)) 1, having regard to its resolution of 14 May 1998 on Euro-Mediterranean Agreements 2, its recommendation to the Council of 11 March 1999 on the European Union's Mediterranean policy 3 and its resolutions of 30 March 2000 on Mediterranean policy 4 and 15 November 2000 on EU Mediterranean policy in the run-up to the fourth meeting of Euro-Mediterranean Ministers for Foreign Affairs in Marseille 5, having regard to, in particular, its resolutions of 11 March 1999 on the Commission communication: 'The role of the European Union in the peace process and its future assistance to the Middle East' (COM(97) C4-0114/98) 6 of 20 January 2000 on the Middle East peace process 7 of 5 October , 17 May and 7 February on the situation in the Middle East, and its recommendation to the Council of 13 December 2001 on the crisis in the Middle East and the role of the European Union in the region 11, having regard to the declaration on the Middle East adopted by the European Council in Barcelona on 16 March 2002, and United Nations Security Council resolutions 1397 and 1402, adopted on 12 March 2002 and 30 March 2002 respectively, having regard to Rule 47(1) of its Rules of Procedure, having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0087/2002), A. whereas the extraordinary changes and events of recent times, both in the international sphere and within the European Union, make it more necessary than ever to deepen and strengthen Euro-Mediterranean relations by reinforcing with action the statements of political will set out in the Barcelona Declaration of 1995, B. whereas the terrible events of 11 September 2001 in the United States have tragically illustrated the crucial importance of dialogue and cooperation in the world and, in the case of the European Union, particularly with the Mediterranean region, C. whereas the stepping-up of relations between the Union and its Mediterranean partners is particularly necessary in the light of the launch of the euro on 1 January 2002, the opening of negotiations on the most crucial chapters for the enlargement of the Union and the beginning of the work of the Convention on the future of Europe, OJ C 267, , p. 68. OJ C 167, , p OJ C 175, , p OJ C 378, , p. 71. OJ C 223, , p OJ C 175, , p.282. OJ C 304, , p OJ C 178, , p.283. OJ C 34 E, , p P5_TA(2002) Texts Adopted, Item 7. \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 21

28 D. whereas the strategic dimension of the Barcelona Process today represents the most important and crucial instrument for dialogue and cooperation between the European Union and its Mediterranean partners and whereas the relaunch of this process would represent a vital contribution to the Middle East peace process, E. whereas strengthening the Barcelona Process will require in particular the establishment of much more effective instruments in the fields of security, finance and social questions, F. whereas the signing of the Association Agreement with Egypt on 21 September 2001 and the initialling of agreements with Algeria on 19 December 2001 and Lebanon on 10 January 2002 represent decisive steps in the process of creating a free trade area between the EU and its Mediterranean partners, G. whereas the Barcelona Process must not under any circumstances remain the preserve of political or economic elites in the region, but must embrace and promote Mediterranean society as a whole, H. whereas the Euro-Mediterranean partnership is one of the top priorities of EU policies, with the aim of creating an area of shared prosperity and of setting up effective long-term action on conflict prevention, I. whereas cooperation between the Mediterranean countries and their European neighbours is necessary, 1. Welcomes the Commission communication and its approach, putting forward in a practical and appropriate manner various concrete recommendations to give a renewed impetus to the Barcelona Process, although more concrete details and imaginative proposals could still be included, with special attention being given to the various subregional situations, to reinforce the political will of all the Mediterranean partners in favour of the Process and the joint programmes and projects; 2. Unreservedly supports the launch, proposed by the Commission, of an Action Plan at the Euro-Mediterranean Ministerial Conference to be held in Valencia on 22 and 23 April 2002; considers that the Plan should include all the new initiatives necessary to stimulate the three fundamental objectives of the Barcelona Process, and should constitute the key political commitment of the conference; 3. Considers that, when deciding on this plan, the Conference should take particular account of the proposals made by the Commission and the Mediterranean partners, the outcome of the final declarations of the three Euro-Mediterranean parliamentary forums which have been held, and the proposals put forward in this resolution; In support of reinforced political dialogue and Euro-Mediterranean political and security cooperation 4. Proposes a reinforced Euro-Mediterranean political dialogue, on subjects which should include the new ESDP, in the context of mutual security; conflict prevention; the threat of terrorism; the promotion of democracy, human rights and the rule of law; governance; the fight against poverty; environmental and sustainable development issues; maritime 22 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

29 transport safety; immigration and justice issues and the fight against drug-trafficking, terrorism, arms-trafficking and all other forms of organised crime; 5. Reiterates that it is vital for the Barcelona Process to ensure strict compliance with human rights, individual freedoms and democratic principles as fundamental factors in establishing an area of peace, stability and sustainable economic development in the Mediterranean basin; 6. Calls on the Mediterranean partners to respect and comply with the principles and commitments underlying the Union s human rights policy, with particular reference to the provisions contained in the 'democracy clauses' included in all Euro-Mediterranean association agreements, and calls on the Commission to spell out the implementing measures needed to ensure that these clauses are fully effective; calls also on the Member States to ensure that these principles are observed in their relations with the associated countries; 7. Deplores the serious violations of human rights observed in various Barcelona Process partners with regard, in particular, to those countries where the human rights situation has worsened after the signing of the relevant association agreement, and urges all governments and authorities in the region to take the measures necessary to guarantee full and unconditional respect for human rights; 8. Welcomes the recent progress in the field of international relations made by Libya and the willingness it has shown in the fight against terrorism; hopes that relations between the Union and Libya can develop without further obstacles in the context of the Barcelona Process and, in particular, in the framework of EU/UMA relations; reaffirms the desire of the Euro-Mediterranean parliaments for the obstacles linked to the embargo to be removed, in accordance with the United Nations resolutions; 9. Reiterates also the request that Mauritania should take part in the Barcelona Process political dialogue as a full member; The Barcelona Process and cooperation in a common front against terrorism 10. Calls on all the Euro-Mediterranean partners to give unconditional backing to the convening of an International Conference on Terrorism under the auspices of the United Nations, and to adopt a joint approach to the drafting of a general convention on terrorism; 11. Calls on all Mediterranean partners which have not yet done so to sign, ratify and comply strictly with all international treaties in force on measures to combat terrorism; 12. Supports, on the basis of United Nations Security Council Resolutions 1368 and 1373 (2001), the decision by the states participating in the Barcelona Process to pursue and bring to justice those who perpetrate, plan and sponsor terrorist acts; urges the associated states to conclude the necessary agreements on extradition and to sign, ratify and apply the Rome Statute establishing the international criminal court as soon as possible; \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 23

30 13. Proposes that a Euro-Mediterranean contact network should be established, to facilitate the exchange of information and cooperation in the fight against terrorism, and proposes that a common Code of Conduct should be drafted for the fight against this scourge; 14. Reaffirms that the fight against international terrorism should not be based only on military action but should use all available diplomatic and political instruments; 15. Supports the endeavours of the various partner countries to combat terrorism at home, but considers it necessary for a broad social consensus to be secured, primarily by extending democracy and meeting social needs, e.g. through measures to combat unemployment; In support of reinforced economic and financial cooperation and the establishment of a Euro-Mediterranean free trade area 16. Reiterates its support for the establishment of a free trade area by 2010 that would entail the creation of a genuine common market and would cover all goods, capital and services, and proposes in particular that a regulatory framework and a timetable for harmonisation measures in certain priority sectors, including services, should be established in Valencia; 17. Takes note of the signature of the Association Agreement with Egypt, the recent initialling of the Association Agreement with Algeria and Lebanon and the continuation of negotiations for an association agreement with Syria; 18. Believes that assessments need to be made in order to gauge the economic, social, and environmental impact of the economic measures to be implemented in connection with the free trade area; 19. Repeats its request that in due course the bilateral association agreements, which represent decisive steps in the process of establishing a free trade area between the European Union and its Mediterranean partners, should be replaced by a single multilateral agreement; 20. Expresses its firm support for the Agadir Declaration and strongly backs the creation of a free trade area between Egypt, Jordan, Morocco and Tunisia within the framework of the Agadir process; urges these countries to conclude an agreement to this effect during the first half of 2002, in order to help give a real boost to South-South trade as quickly as possible, thereby acknowledging the importance which a substantial increase in trade would have for the interests of the Mediterranean partners; 21. Is in favour of developing cooperation in the field of public services (transport, energy, telecommunications, education, health) that would boost the economic development of the Mediterranean countries and meet the needs of their peoples; 22. Urges other Mediterranean partners not currently part of the Agadir process to join that process as soon as possible and to accept the philosophy which inspired its founder members and the acquis it has built up; 23. Commends the recent technical decisions adopted in the field of trade on rules of origin and calls on all the Mediterranean partners to pursue their efforts in the field of 24 /PE \\epades\adoptes\adoptes_provisoi\02-04\ en.doc

31 environmental, health and plant health harmonisation in order to secure the establishment of a genuine internal Euro-Mediterranean market; 24. Reiterates the need to give priority to supporting private investment, since this is a crucial factor in the success of the Barcelona Process and reciprocal economic development; with this in view, stresses the importance of training, developing infrastructure networks, the cost of labour and the internal market dimension for the partner countries; 25. Deplores therefore the inadequacy of direct foreign and local investment in the area and calls on the partner states and relevant institutions to increase investment rapidly and substantially; 26. Stresses that it is absolutely vital to carry through all the economic, legal and administrative reforms needed to create a favourable framework for private investment in all the Mediterranean partner countries; 27. Proposes in particular that cooperation in the process of economic integration be enhanced by introducing a network of national agencies responsible for promoting investment in the Euro-Mediterranean countries, with a view to substantially strengthening private external investment in the countries of the Barcelona Process; 28. Considers it absolutely essential, to that end, to be successful in combating corruption and excessive bureaucracy; 29. Regrets the incongruent situation whereby borders are closed between certain Mediterranean partners, since this is against the spirit of the Barcelona Process, which is seeking to establish a genuine free-trade area; stresses that the MEDA programmes should encourage initiatives to promote structural reforms in the economies of the Mediterranean partner countries, with the aim of making these economies more complementary and encouraging trade in agriculture and energy in particular; regrets that South/South trade is so limited; 30. Supports also the Commission s proposal to strengthen the dialogue on economic policy among the partners, at bilateral and multilateral level, and to enter into much greater detail, particularly as regards growth and employment; in any event, the social partners (employers and trade unions) should take part in this dialogue; calls on the Council and Member States to propose relevant measures in international bodies to reduce and convert the external debt of the Mediterranean partner countries; 31. Considers that the proposals by the European Council in Barcelona of 15 and 16 March 2002 and the decision of the ECOFIN Council do not run counter to the prospect of setting up a Euro-Mediterranean development bank at a later stage; considers the decision to introduce an enhanced Euro-Mediterranean investment mechanism within the EIB and set up an EIB office in the region to be an initial positive step in this direction capable of encouraging investment flows in the near future; takes the view that Parliament should give its opinion on this matter; with this in view, calls on the Commission to submit a new specific communication at an early date covering financial needs, existing financing flows, and the most appropriate institutional financial machinery; \\epades\adoptes\adoptes_provisoi\02-04\ en.doc PE \ 25