—

having regard to the Commission proposal to the Council (COM(2003) 562) (1),

—

having regard to Article 37(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0460/2003),

—

having regard to Rule 67 and Rule 158(1) of its Rules of Procedure,

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0380/2003),

1.

Approves the Commission proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.

Instructs its President to forward its position to the Council and Commission.

—

having regard to the proposal for a Council decision (COM(2003) 470) (1),

—

having regard to Article 37(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0392/2003),

—

having regard to Rule 67, Rule 97(7) and Rule 158(1) of its Rules of Procedure,

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0379/2003),

1.

Approves the proposal for a Council decision;

2.

Instructs its President to forward its position to the Council and Commission, the governments and parliaments of the Member States and the Director of the FAO.

—

having regard to the Commission proposal to the Council (COM(2003) 18) (1),

—

having regard to Article 31(2) and Article 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0019/2003),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0363/2003),

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.

Instructs its President to forward its position to the Council and Commission.

—

having regard to the initiative of the Hellenic Republic (8830/2003) (1),

—

having regard to Article 62(2)(a) of the EC Treaty,

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0253/2003),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0366/2003),

1.

Approves the initiative of the Hellenic Republic as amended;

2.

Calls on the Council to alter the text accordingly;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.

Asks the Council to consult Parliament again if it intends to amend the initiative of the Hellenic Republic substantially;

5.

Instructs the President to forward its position to the Council and Commission, and to the Government of the Hellenic Republic.

—

having regard to the Council draft (13203/2003) (1),

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0471/2003),

—

having regard to the initial Commission proposal (COM(2003) 426) (1),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0377/2003),

1.

Approves the Council proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Points out that, pursuant to Article 10 of the EC Treaty, concerning full mutual cooperation between institutions and the Member States, Parliament should also have been consulted on the legislative proposal to which this draft decision relates, and that merely notifying Parliament of the basic text diminishes Parliament's role in the decision-making process;

4.

Asks therefore to be consulted on the initial Commission proposal;

5.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

6.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.

Instructs its President to forward its position to the Council and Commission.

—

having regard to the Commission proposal to the Council (COM(2003) 351) (1),

—

having regard to Article 283 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0287/2003),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0382/2003),

1.

Approves the Commission proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.

Instructs its President to forward its position to the Council and Commission.

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 220) (1),

—

having regard to Articles 251(2) and Article 156(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0199/2003),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0374/2003),

1.

Approves the Commission proposal;

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 406) (1),

—

having regard to Articles 251(2) and Article 156(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0310/2003),

—

having regard to Rule 67 of its Rules of Procedure,

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Budgets (A5-0375/2003),

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.

Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective without restricting other policies;

4.

Instructs its President to forward its position to the Council and Commission.

(1)

In accordance with Article 154 of the Treaty, to help achieve the objectives referred to in Article 14 and Article 158 of the Treaty and to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers, the Community contributes to the establishment and development of trans-European networks.

(2)

Facilitation of the mobility of businesses and citizens across European borders contributes directly to removing the obstacles to the free movement of goods, persons, services and capital as well as to the free establishment of nationals of a Member State in the territory of another Member State.

(3)

In accordance with Article 157 of the Treaty, the Community and the Member States shall ensure that the conditions necessary for the competitiveness of the Community's industry exist.

(4)

By Decisions No 1719/1999/EC (5) and No 1720/1999/EC (6) the European Parliament and the Council adopted a series of actions, horizontal measures and guidelines including the identification of projects of common interest, with regard to trans-European networks for the electronic interchange of data between administrations (IDA). As those Decisions will expire on the 31 December 2004, it is necessary to provide for a framework for the follow-up of the IDA programme as set up by these Decisions.

(5)

The IDABC programme, which is the follow-on programme to the IDA programme, will build on the successes of the preceding programmes, which have improved the effectiveness of cross-border cooperation between public administrations.

(6)

In establishing and implementing the IDABC programme, due account should be taken of the achievements of the IDA programme and actions already initiated should be allowed to be completed.

(7)

Work completed under the IDABC programme is likely to form the basis for further work after the programme's expiry. This, combined with the fast pace of technological change, will require the programme to be adaptable to future developments.

(8)

The European Council, meeting in Lisbon in March 2000, adopted conclusions aimed at preparing the transition of the European Union by 2010 to the world's most competitive, dynamic, and knowledge-based economy, capable of sustainable economic growth with more and better jobs end greater social cohesion.

(9)

The European Council, meeting in Brussels in March 2003, drew attention to the importance of connecting Europe and so strengthening the internal market and underlined that electronic communications are a powerful engine for growth, competitiveness and jobs in the European Union and action should be taken to consolidate this strength and to contribute to the achievement of the Lisbon goals; to this end, it is necessary for Member State public administrations and the Community institutions to access, exchange and process, by electronic means (‘telematic networks’), increasing amounts of information.

(10)

The elimination of obstacles to electronic communications between public administrations at all levels and with businesses as well as with citizens contributes to improving the European business environment, lowering the administrative burden and reducing red tape. It may also encourage businesses and citizens of the European Union to reap the benefits of the information society and to interact electronically with public administrations.

(11)

Enhanced delivery of e-Government services enables businesses and citizens to interact with public administrations without having to acquire special Information Technology (IT) knowledge, such as e-inclusion, or requiring prior knowledge of the internal functional organisation of a public administration.

(12)

The deployment of trans-European telematic networks to interchange information between public administrations should not be considered as the end, but as the means to achieve interoperable information and interactive e-Government services at the pan-European level, building on and extending to citizens and businesses the benefits resulting from the co-operation between public administrations across Europe.

(13)

Pan-European e-Government services permit public administrations, businesses and citizens to interact better with public administrations across borders. The delivery of these services requires the availability of efficient, effective and interoperable information and communication systems between public administrations as well as interoperable administrative front and back office processes in order to exchange in a secure manner, understand and process public sector information across Europe.

(14)

It is important that the national efforts in support of e-Government take place giving the necessary consideration to the priorities of the European Union.

(15)

It is essential to maximise the use of standards or publicly available specifications or open specifications for information exchange and service integration to ensure seamless interoperability and thereby increasing the benefits of pan-European e-Government services and the underlying trans-European telematic networks.

(16)

The establishment of pan-European e-Government services and the underlying telematic networks of which the Community is a user or a beneficiary is incumbent on both the Community and the Member States.

(17)

It is essential to ensure close co-operation between the Member States and the Community and, where relevant, the Community institutions and stakeholders.

(18)

Actions at Community level should stimulate the successful development of e-Government services at the pan-European level and the associated commitments required at national, regional and local level, taking due account of the linguistic diversity of the Community.

(19)

Cross-fertilisation with relevant national, regional and local initiatives and delivery of e-Government services within the Member States should be ensured.

(20)

The Action Plan for eEurope 2005, endorsed by the European Council meeting in Seville in June 2002, in particular the chapter on e-Government, underlines the importance of the IDA programme in fostering the establishment of pan-European e-Government services in support of cross-border activities thus complementing and providing a framework for initiatives regarding e-Government at national, regional and local levels.

(21)

In order to make efficient use of the Community's financial resources, it is necessary to share the cost of pan-European e-Government services and the underlying telematic networks between the Member States and the Community on an equitable basis.

(22)

Productivity, responsiveness and flexibility in the establishment and operation of pan-European e-Government services and the underlying telematic networks can best be achieved by embracing a market-oriented approach and thus selecting suppliers on a competitive basis in a multi-vendor environment, while ensuring, where appropriate, the operational and financial sustainability ofmeasures.

(23)

Pan-European e-Government services should be developed in the context of specific projects of common interest whereas the necessary horizontal measures should be put in place to support the interoperable delivery of these services by establishing or enhancing infrastructure services in support of pan-European telematic networks.

(24)

The IDABC programme should consequently also be open to participation by the countries of the European Economic Area and the candidate countries, and co-operation with other third countries should be encouraged. International entities may take part in the implementation of projects of common interest and horizontal measures at their own costs.

(25)

In order to ensure a sound management of the financial resources of the European Union and to avoid needless proliferation of equipment, repetition of investigations and diversity of approach, it should be possible to use infrastructure services developed under the IDA programme or the IDABC programme in the framework of common foreign and security policy and police and judicial cooperation in criminal matters, in accordance with Titles V and VI of the Treaty on European Union.

(26)

Since the objective of establishing pan-European e-Government services cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

(27)

This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and Commission on budgetary discipline and improvement of the budgetary procedure (7), for the budgetary authority during the annual budgetary procedure,

(a)

to enable the efficient, effective and secure interchange of information between public administrations, whether national, regional or local, as well as between such administrations and the Community institutions or other entities as appropriate, in order for the Member States and the Community to implement, within their respective areas of competence, the Community policies and activities referred to in Articles 3 and 4 of the Treaty;

(b)

to extend the benefits of the interchange of information as specified under (a) to businesses and citizens;

(c)

to facilitate communication between the Community institutions and support the Community decision-making process and develop the related strategic framework at the pan-European level;

(d)

to promote citizens' and businesses' participation in the construction of the European Union;

(e)

to achieve interoperability, both within and across different administrative sectors and, where appropriate, with businesses and citizens;

(f)

to converge networks under (a), (b), and (c) towards a common telematic interface;

(g)

to achieve substantial benefits for Member State public administrations and the Community in terms of streamlined operations, speeded-up implementations, security, efficiency, transparency, service culture and responsiveness;

(h)

to promote the spread of good practice and encourage the development of innovative telematic solutions in public administrations.

(a)

‘Telematic network’ means a comprehensive data-communication system, comprising the physical infrastructure and connections as well as the related services and application layers, thus enabling the interchange of information electronically between and within public administrations as well as between public administrations and businesses and citizens;

(b)

‘Pan-European e-Government services’ means public-sector information and interactive services provided by public administrations to public administrations, to businesses, including their associations and to citizens, including their associations, by means of interoperable trans-European telematic networks;

(c)

‘Project of common interest‘ means a project as identified in Annex I, which is undertaken or continued under this Decision, and which concerns the establishment or enhancement of pan-European e-Government services;

(d)

‘Infrastructure services’ means services provided to meet generic project requirements, comprising technology solutions and software applications, including a European interoperability framework, security, middleware and network services. Infrastructure services underpin the delivery of pan-European e-Government services;

(e)

‘Horizontal measure’ means an action as identified in Annex II, which is undertaken or continued under this Decision, and which concerns the establishment or enhancement of infrastructure services or strategic and support activities;

(f)

‘Interoperability’ means the ability of information and communication technology (ICT) systems and of the business processes they support to share and exchange information and knowledge.

(a)

contribute to the objectives of the eEurope initiative and related Action Plans, in particular in relation to e-Government, aimed at benefiting businesses and citizens;

(b)

directly contribute to removing or reducing the obstacles to the free movement of goods, persons, services and capital;

(c)

directly contribute to the satisfactory operation of the economic and monetary union;

(d)

support the creation of a European area of freedom, security and justice;

(e)

encourage interinstitutional co-operation between the Community institutions as well as between the latter and national, regional and local public administrations, including national and regional parliaments;

(f)

contribute to the protection of the financial interests of the Community and the Member States or to the fight against fraud;

(g)

facilitate the application of the body of Community law (‘acquis communautaire’) following the enlargement of the European Union;

(h)

promote competitiveness in the Community, with particular emphasis on the competitiveness of small and medium-sized enterprises, as well as enterpreneurship and innovation; or

(i)

support the citizenship of the Union and the participation in the European Union policy-making processes, e.g. by means of consultation of relevant stakeholders.

(a)

a description of planned organisational development and, whenever appropriate, re-engineering of working procedures;

(b)

objectives, functionalities, participants and technical approach;

(c)

measures to facilitate multilingual communication;

(d)

the assignment of roles to the Community and to the Member States;

(e)

a breakdown of the expected costs and a description of the expected benefits which includes assessment criteria for measuring those benefits beyond the implementation phase and a detailed analysis of return on investment as well as milestones to be achieved;

(f)

a schema which defines an equitable sharing between the Community and the Member States and, whenever appropriate other entities, of the operational and maintenance costs of the pan-European e-Government and infrastructure services on conclusion of the implementation phase;

a)

a description of the objectives, scope, rationale, potential beneficiaries, functionalities and technical approach;

b)

a breakdown of past expenditure and milestones achieved, as well as the costs and benefits anticipated and the milestones to be achieved;

c)

a specification of the infrastructure services to be used.

—

having regard to the Commission Communication entitled ‘Investing in research: an action plan for Europe’ (COM(2003) 226),

—

having regard to the motions for resolutions by:

—

having regard to the conclusions of the Special European Council of 23/24 March 2000 in Lisbon and of the European Council of 15/16 March 2002 in Barcelona,

—

having regard to its resolutions of 15 March 2000 on the Special European Council to be held in Lisbon on 23/24 March 2000 (1) and of 20 March 2002 on the results of the European Council meeting (Barcelona, 15/16 March 2002) (2),

—

having regard to its resolution of 23 October 2003 on entrepreneurship in Europe — Green Paper (3), covering also the Commission report on the implementation of the European Charter for Small Enterprises, the Commission communication entitled ‘Thinking small in an enlarging Europe’ and the Commission communication entitled ‘Innovation policy: updating the Union's approach in the context of the Lisbon strategy’,

—

having regard to its resolution of 23 October 2003 on the Commission communication entitled ‘Industrial Policy in an Enlarged Europe’ (4),

—

having regard to the Commission communication entitled ‘More research for Europe — Towards 3 % of GDP’ (COM(2002) 499), the Commission communication on ‘The European research area: providing new momentum — Strengthening — Reorienting — Opening up new perspectives’ (COM(2002) 565) and the Commission communication on ‘The role of the universities in the Europe of knowledge’ (COM(2003) 58),

—

having regard to the report by an Independent Expert Group to the European Commission ‘Raising EU R &D Intensity: Improving the Effectiveness of the Mix of Public Support — Mechanisms for Private Sector Research’ (5),

—

having regard to Decision No 1513/2002/EC of the European Parliament and the Council of 27 June 2002 concerning the Sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002-2006) (6),

—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0389/2003),

A.

convinced that, if Europe is to maintain a strong competitive position, a considerable increase in expenditure on research and development is essential,

B.

convinced that European research policy should give greater support to basic research,

C.

having regard to the 2002 Barcelona European Council's resolve to increase R &D expenditure to 3 % by 2010,

D.

whereas the EU's R &D expenditure must rise by 8 % per year to reach this objective , and whereas at the same time the financial resources available must be used more effectively,

E.

having regard to the Sapir report entitled ‘An agenda for a growing Europe’ (7),

F.

whereas there must above all be an increase in private investment in R &D if the EU is to become the most competitive and dynamic knowledge-based economy in the world, as the European Council resolved in Lisbon,

G.

whereas the integration of women into scientific research both in universities and in industry has still not been achieved to a sufficient extent,

1.

Endorses the recommendations that the Commission has put forward in its communication;

2.

Takes the view that science and technology have been an intrinsic element of Europe's identity at least since the Renaissance;

3.

Calls on the Member States to increase their expenditure on research to 3 % of GDP by 2010;

4.

Is critical of the Council for not following up its words with deeds and of the Member States for making little or no effort to increase — and, in the case of some of them, even reducing — their R &D expenditure;

5.

Calls on the Council to take the Commission's proposals seriously, so that Europe may once again take its place as a world leader in all relevant areas of science and technology; and calls therefore for the idea of competition-oriented research to be incorporated more intensively into the European research landscape;

6.

Takes the view that the concept of a knowledge-based society is measured not solely by the amount of expenditure on research, but also by the extent of general scientific education;

7.

Therefore calls on the Member States and private investors to increase their R &D expenditure, the required increase being 6 % for public investment and 9 % for private investment, to reach the average of 8 % needed to achieve the target figure of 3 % of GDP overall by 2010;

8.

To this end, calls for an increase also in the European research framework programme, and therefore calls for an increase in the seventh research framework programme budget to EUR 30 billion for the whole period of the programme, to include allowing for enlargement to 25 or more Member States;

9.

In addition, calls for greater coordination between national R &D programmes and for the formation of forward-looking ‘technology communities’ (e.g. ITER) working in cooperation with the EU programmes, so that a limited number of ambitious key topics can be addressed throughout Europe; considers that these technology communities, in addition to engaging in activities covered by Article 169 of the EC Treaty, must operate in such a way that as broad as possible a spectrum of interests has the opportunity to become involved in them, irrespective of their organisational form;

10.

Calls, in the context of the Sixth research framework programme, for the ideas of ‘networks of excellence’ and ‘integrated projects’ to be geared more closely to the guiding notion of the European Research Area, and therefore for adjustments to be made, particularly in relation to the size of projects, in terms both of the number of project partners and of the financial volumes involved;

11.

Underlines the importance of increased cooperation between Member States and accession countries on research policy and research investment; points out that there is already close and successful cooperation between individual Member States in the area of air travel and space travel technology;

12.

Takes the view that considerable efforts are still needed to ensure an adequate supply of scientists, engineers and skilled technicians in future, and therefore calls on the Member States to pay greater attention to scientific and technical education and on the EU to make a further contribution to mobility for scientists, engineers and skilled technicians, so that the end result is indeed a European Research Area;

13.

Points out that competitive pay for researchers commensurate with their training, social security, career planning and family interests also has a role to play here, as have funding to enable researchers to be accompanied by their families, less bureaucratic procedures (for visas and permits), employment opportunities for spouses and day care and educational opportunities for children;

14.

Stresses the need for ongoing support for human resources; calls for the creation of a legal framework to ensure that research staff can be employed flexibly and pragmatically and can move freely within the EU;

15.

Points out that, in addition to the fact that fully-trained researchers are continuing to emigrate, demographic trends and lower numbers of students starting courses in the natural sciences will mean that a continuing supply of researchers will be increasingly difficult to find; considers that conditions should be made easier for researchers to take up residence and exercise their profession in the EU;

16.

Takes the view that in future certain sections of the population must be encouraged to undertake research; this particularly concerns women since, despite considerable efforts, the proportion of women in research has not significantly increased in recent years;

17.

Calls on the EU, as an additional way of engaging with global competition, to be open to scientists, engineers and skilled technicians from all over the world, including its own nationals who have spent a number of years abroad;

18.

Supports the creation of regional networks of SMEs and calls on the Member States and the Commission to support such initiatives as a priority;

19.

Welcomes the fact that many regions of Europe have now recognised the importance of science and technology, and urges the EU to support competition between regions with a strong science base;

20.

Recognises that many major undertakings are making considerable efforts to carry out self-funded R &D, but regrets that this is not yet the case for all major undertakings;

21.

Calls on these latter undertakings to increase their investment in the future and to demonstrate this by setting up more of their own R &D departments;

22.

Considers that one of Europe's main strengths — particularly in relation to the USA — is the very large contribution that SMEs make to economic performance and employment;

23.

Conversely, considers that Europe's weakness is the lack of SME involvement in research, and that there is considerable ground to be made up here, as SMEs are often particularly innovative;

24.

Is firmly convinced that a larger contribution by private undertakings to R &D depends not only on available funding, but also and above all on closer cooperation between undertakings, particularly SMEs, and State and private research institutes;

25.

Points out that application-oriented research provides a major stimulus for Europe's economies and that targeted cooperation between research and enterprises must be supported; stresses that, above all, cooperation with SMEs must be a key focus;

26.

Calls on the Member States to develop workable models for legal cooperation between research institutes and enterprises;

27.

Insists that greater attention must be paid to the commercial interests of private undertakings in the way that intellectual property rights are handled in State institutes and public-private partnerships;

28.

Underlines that the protection of intellectual property has an important role to play in this regard, since successful economic exploitation of copyright ensures a return on capital and contributes to the ongoing development of research activity;

29.

Points out in particular that copyright in intellectual property must be made available quickly and at a reasonable cost, and that the introduction of a Community patent and the planned new rules on patentability of computer-implemented inventions are important steps in this direction.

30.

Takes the view that the focus of State support must be increasingly directed towards SMEs and calls for new, unbureaucratic support instruments;

31.

Points out that SMEs generally do not have large reserves of staff and in addition increasingly face difficulties with private funding and therefore need speedy and unbureaucratic access to research funding;

32.

Points out that many SMEs that are engaged in areas where research plays a key role experience considerable difficulties in raising capital and that, in the light of Basel II, the situation is hardly likely to improve;

33.

Advocates market-oriented research support for SMEs in cooperation with private funding; considers, however, that the forms of public intervention, whether in the form of tax advantages or direct subsidies, must not influence what types of subsidy are approved or the permitted intensity of aid granted; the Member States should be free to devise their own policies so as to ensure that the competition rules which are within the Community's competence are neutral in relation to the choice of instruments;

34.

Proposes that Member States envisage tax incentives for private research activities as well as direct support for research, also targeted principally at SMEs;

35.

Stresses that State financial instruments represent a major proportion of financial support for research, but that the most effective incentives for research are appropriate tax arrangements and a research-friendly environment;

36.

Considers that a great deal of legislation tends to hinder rather than facilitate research within the EU; calls for an investigation to identify areas from which bureaucracy and bureaucratic obstacles that hinder innovation and research could be removed, and calls for suggestions on removing these obstacles;

37.

Considers that the success and value of completed research must be evaluated; points out that not every research measure produces the expected positive effect on the European economy; recommends, therefore, that a Europe-wide system be established to develop methods of measuring the efficiency and success of research and assess them accordingly;

38.

Recalls its proposal for a European Research Foundation following the expiry of the European Coal and Steel Community (8), to be set up in an attempt to attract private funds for research, as in the USA, where private patronage of science plays a far greater role than in Europe;

39.

Calls for the establishment of a European Research Council with the purpose of strengthening the worldwide position of basic research carried out in Europe at the highest scientific level by offering longterm funding for that purpose; emphasises the need to ensure that the European Research Council is granted sufficient resources over and above the existing research funding; it should:

40.

Advocates closer cooperation with banks, particularly the European Investment Bank and the European Bank for Reconstruction and Development, to fund market-oriented developments;

41.

Calls on the Member States and the Commission to make greater use of the Structural Funds for R&D;

42.

In view of the globalisation of research, considers it essential to strengthen international scientific and technical cooperation, at the level of undertakings and SMEs in particular;

43.

Takes the view that it is now essential not only to make new proposals but also to rapidly implement the proposals that have already been made;

44.

Insists that Member States and the Commission should also ensure that SMEs and universities are involved in regional plans to encourage research and innovation and to provide additional resources, as appropriate;

45.

Calls for the innovative effects of R &D programmes to be increased by promoting and supporting the inclusion of innovation-oriented activities in research projects; notes, however, that R &D framework legislation at EU level must be made considerably clearer;

46.

Considers it important for the Commission to provide further and more accurate information about which forms of public aid do not distort competition;

47.

Is delighted that the Commission has sought to investigate and review the Community's R &D State aid system and the targeting of such aid at horizontal objectives;

48.

Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States and accession States.

—

having regard to the report from the Commission (COM(2002) 695),

—

having regard to the communication from the Commission entitled ‘Electronic Communications: the Road to the Knowledge Economy’ (COM(2003) 65),

—

having regard to Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (1),

—

having regard to Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (2),

—

having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), (3)

—

having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (4),

—

having regard to the conclusions of the Lisbon European Council of 23 and 24 March 2000 (SN 100/1/00),

—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0376/2003),

A.

whereas those countries who fail to implement the new regulatory framework are missing a unique opportunity to set the standards in a developing market,

B.

whereas the adoption of the electronic regulatory framework represents a major boost for European competitiveness,

C.

whereas the continued drive towards a fully competitive, open market promises continued consumer and economic benefits by stimulating investment, innovation and quality services delivered at lower prices,

D.

whereas failure to transpose the new regulatory framework on time undermines the objectives of the Lisbon Agenda to which all Member States signed up in 2001,

E.

whereas the ‘old’ problems in the sector, including international roaming tariffs and mobile call termination tariffs, but also number portability, have still not been solved; whereas new problems have subsequently arisen, such as the delay in 3G roll-out, and, in particular, in the development of new services and applications for use with 3G,

F.

whereas any delay in implementation of the new regulatory framework would hold up the development of competition and its benefits to consumers,

G.

whereas any delay in implementation of the new regulatory framework will deprive national regulatory authorities (NRAs) of the legal powers needed in order to gather information from telecoms operators with a view to conducting market analyses,

H.

whereas any delay in infringement proceedings against those Member States who fail to transpose the new regulatory package would significantly disrupt market development,

I.

whereas numerous reports indicate that incumbent operators continue to dominate some segments of the EU telecoms market,

J.

whereas the quality of telecoms services offered to consumers could still be significantly improved, notably mobile number portability, the range of services available, customer service and waiting times prior to connection,

K.

whereas there is an obligation on telecommunications service providers to recognise the interests of disabled users in relation to choice, price and quality benefits of telecommunications services and their accessibility, and whereas NRAs should be required to consult disability representatives in their assessment of service delivery,

L.

whereas any regulatory obligations on operators should be fair and proportionate, and should be imposed only after the market concerned and the cost-benefit ratio of the regulatory measures have been subjected to rigorous analysis, taking into account in particular the development of sustainable competition in infrastructures,

M.

whereas in May 2004 ten new Member States will join the European Union,

N.

whereas the accession countries have committed themselves to fully liberalising their markets and implementing the new regulatory package upon their accession,

O.

whereas there is a lack of reliable and available data on the markets in accession countries,

P.

whereas the role of the European Regulators Group (ERG) is fundamental in ensuring a consistent regulatory environment across the European Union,

Q.

whereas the interaction between the Commission and the ERG is crucial to the successful implementation of telecoms regulation,

R.

whereas it is ultimately the responsibility of the Commission to ensure that EU legislation is both effective and consistent in its application,

S.

whereas progress has been made by Member States in the adoption of the principles set out in the Universal Services Directive,

1.

Congratulates the Commission on bringing proceedings against those Member States who had not transposed the new regulatory package into national law as soon as the two month period for notifying the Commission had passed;

2.

Demands that the infringement proceedings against those Member States be concluded as quickly as possible;

3.

Calls on the Commission, in taking action against Member States that have not implemented the new directives in good time, not to confine itself simply to bringing infringement proceedings against those Member States but also to make use of the broader range of instruments that are at its disposal, such as, for example, issuing official publications and conducting benchmark studies; calls on the Commission to exchange views with the European Parliament on the substance of that broader range of instruments;

4.

Urges the Commission and national supervisors in the European Regulators Group now to commit themselves to definitively solving ‘old’ problems in the sector, including international roaming tariffs, mobile call termination tariffs and number portability, and then to turn their attention to new questions, in particular joint dominance and the need for cooperation on developing 3G applications and services, so as to maintain competition in the sector;

5.

Emphasises the importance of a consistent and certain legal framework across the whole of the enlarged EU if new entrants to the communications sector are to be encouraged; calls upon the Member States and their NRAs to give high priority to achieving consistency in the treatment of market players based on clear competition-law principles; calls on NRAs to maintain proportionate and fair competitive regulatory pressure on the markets;

6.

Calls on the Commission to clarify the direct effect, if any, of the core provisions of the new framework, including the procedural and substantive provisions, so that interested parties are reasonably clear as to the extent to which these can be relied on and as to the effectiveness of the rights available to them;

7.

Calls on NRAs to act when short-term price reductions by incumbents inhibit the development of competitive market conditions in the long term;

8.

Calls on NRAs to provide solid evidence to justify any regulatory obligations they impose, including an analysis of both the long and short-term effects of the proposed regulatory action;

9.

Recalls that facilities-based competition in which competition service providers invest in their own infrastructure generally yields better results for consumers and lays the foundations for sustainable competition; stresses, therefore, that the emphasis on access-based competition (e.g. resale, local loop unbundling, bit-stream access) should not be regarded as an end in itself but as a route to fuller facilities-based competition in the telecoms sector;

10.

Reminds NRAs that they should impose appropriate obligations on the retail market only if obligations imposed at wholesale level are not sufficient to bring about competition at retail level (Article 17 of the Universal Service Directive), and considers that the observance of this regulatory principle must be closely monitored by the ERG and the Commission;

11.

Calls on the Commission to ensure that proprietary standards do not become control mechanisms preventing interoperability and thus expansion of services in the internal market;

12.

Notes that the new framework envisages that the old regulatory framework can persist for as long as non-competitive market conditions prevail, which will be especially relevant to the accession countries; stresses, however, that NRAs in accession countries require detailed assistance in making the transition from one regulatory framework to the other as soon as possible;

13.

Calls on the Commission to collate information on the state of play in the accession countries and their readiness to implement the new framework, and to keep the European Parliament fully informed. The Commission should also set out what technical assistance will be made available to facilitate implementation in cases where countries are unlikely to meet the requirements;

14.

Stresses that, as stated in recital 15 of Commission Recommendation 2003/311/EC of 11 February 2003 (5) on relevant product and service markets, new and emerging markets, in which market power may be found to exist because of ‘first mover’ advantages, should not in principle be subject to ex-ante regulation, even though it is not always easy to agree on a clear definition of what emerging markets are;

15.

Stresses that the ERG should remain fully independent and that no Ministries should be members of the Group;

16.

Insists that NRAs be fully independent and properly resourced, that they have the necessary powers to carry out their functions and that they be capable of taking a proactive role so as to stimulate sector competition;

17.

Calls on the Commission to take a forward-looking and highly active role in the way in which the ERG interprets its regulatory tasks;

18.

Welcomes efforts by the ERG to consult stakeholders;

19.

Welcomes the work being undertaken by the EU Inclusive Communication group INCOM to put forward recommendations on how the provisions of the telecommunications legislation are to fulfil the accessibility provisions for disabled consumers and calls for such recommendations to include clear and ambitious targets and timeframes for implementation together with effective monitoring instruments;

20.

Urges the ERG to take further steps to involve all stakeholders as fully and transparently as possible;

21.

Insists that all Member States review their judicial procedures for handling, with speed, effectiveness and expertise, cases referred to them by plaintiffs or NRAs under the remit of the new framework legislation;

22.

Notes that the membership and mandates of the ERG and the Independent Regulators Group (IRG) overlap to a significant degree; considers it essential that any duplication of scarce administrative resources and effort be avoided; to that end, recommends that a progressive merger of the ERG and IRG should be agreed;

23.

Notes the importance of speedy determination of appeals against NRAs' decisions; requests all Member States to ensure that they have effective dispute resolution procedures in place; notes that the Commission should monitor dispute resolution timetables and include an analysis of performance against targets in future implementation reports;

24.

Considers that, in order to encourage consistent case-law in a complex, technologically-driven sector, Member States' courts should be encouraged to co-operate by sharing case experiences and information: asks the Commission to consider measures in this area including the possibility of an information network dedicated to communications cases;

25.

Strongly reminds all parties that, in the case of the communications sector, ‘justice delayed is justice denied’; emphasises the importance of speedy access to the courts and rapid determination of judicial referrals;

26.

Notes that reasonable progress has been made in Member States in adopting the key principles set out in the Universal Service Directive;

27.

Remains concerned about inconsistencies in the allocation of universal service funding;

28.

Insists that universal service funding be properly justified and non-discriminatory and allocated via a transparent tendering process, not least to encourage those operators having the technological solutions most appropriate to providing universal service;

29.

Reminds NRAs that centrally-funded universal service provision must be open to all operators, not just incumbents, and that in a number of regions mobile service operators and all other relevant operators must be allowed to tender for the provision of universal service; it should be noted that the scope of the new directive expressly includes all electronic services;

30.

Notes with disappointment the slow adoption in some Member States of mandatory provisions in the new framework to improve access for disabled and disadvantaged users and to implement tariff transparency measures;

31.

Calls on the Commission to ensure that regulation specific to particular sectors will only be used in place of competition law if the criteria laid down for relevant markets in the abovementioned Commission recommendation concerning those markets have been fulfilled;

32.

Emphasises the importance of number portability as a pro-consumer and market opening measure in the mobile sector; notes that the relevant provisions have relatively low take-up in some Member States; requests NRAs to ensure that unnecessary delays or costs in making transfers are not being used to discourage this consumer right;

33.

Welcomes the full engagement of stakeholders and the Commission in the working group on caller location standards in mobile telephony; hopes that the group can reach a consensus with NRAs and operators as quickly as possible, so that consumers may gain early benefits;

34.

Calls on the Commission to exert pressure on the telecoms operators, especially the incumbents, to put in place networks facilitating consumer and business adoption of the single European code ‘3883’;

35.

Reminds NRAs of the provision in the Universal Service Directive concerning tariff transparency and tariff publication and the availability of comparative information to small business customers; the right to receive itemised bills free of charge must be specifically upheld; requests all NRAs to adopt the relevant provisions as soon as possible;

36.

Approves the Commission's early decision to encourage the liberalisation of leased-line services as a first decision under the new sector-specific legislation as soon as possible where competitive supply is appropriate;

37.

Instructs its President to forward this resolution to the Council and the Commission.