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14. 4.

1999 EN Official Journal of the European Communities C 104/67

Wednesday 13 January 1999

19. Calls on the Commission, particularly DG V, to take further-reaching action by proposing that a
code of minimum conduct be drawn up based on the ILO declaration of fundamental principles and other
minimum applicable international standards which could be ratified at will by European multinational
undertakings; such a code would not at present be accompanied by sanctions, but undertakings entering
into such a commitment would have their name mentioned in the Official Journal of the European
Communities and on the Commission’s Internet site; calls on the Commission to work in close partnership
with representatives of business, trade unions and NGOs from North and South in developing and
implementing these proposals; hopes that the DG V unit responsible for relations with the ILO will
monitor this code via a network allowing regular consultation of the European Trade Union
Confederation, UNICE and certain NGOs; calls on the Commission to inform Parliament of the results of
these consultations;

20. Calls for a European initiative to combat child labour in the countries concerned by helping them to
provide educational and vocational training opportunities for boys and girls;

21. Calls on the Commission to consider in its deliberations in particular:

− the criteria for intervention;
− the procedure for granting, and the amount of, such aid;
− the financing criteria;

22. Suggests that this initiative should be financed by appropriations from the Community budget and
by contributions from public, private, trade union, trade and charity organisations in the Member States of
the Union;

23. Approves the proposal that, within the framework of the 1999 budget, chapter B7-600 on
Community measures to support non-governmental organisations will cover the setting-up of pilot
projects to compensate families for loss of earnings due to their children no longer working;

24. Considers it essential that a social clause be included not only in the trade and cooperation
agreements concluded by the EU with third countries but also in all financing conventions between the
Commission and European undertakings benefiting from the various instruments to encourage investment
in third countries;

25. Calls on the Commission to submit to it and to the Council by January 2000 concrete proposals for
the implementation of the principles laid down in this resolution;

26. Instructs its President to forward this resolution to the Council, the Commission, the governments
of the Member States, the ILO and the WTO.

11. Financing of trans-European network projects − Sea ports and maritime

infrastructure − Global Navigation Satellite Systems

(a) A4-0372/98

Resolution on the Commission Communication to the Council, the European Parliament, the Econ-
omic and Social Committee and the Committee of the Regions on public-private partnerships in
trans-European transport network projects (COM(97)0453 − C4-0020/98)

The European Parliament,

− having regard to the Communication from the Commission (COM(97)0453 − C4-0020/98),

− having regard to its earlier resolutions and reports on infrastructure policy and the financing of the
trans-European networks (TENs) in the field of transport,

− having regard to the final report, published in May 1997, of the High-Level Group on the financing of
the TENs by means of public-private partnerships (PPPs),
C 104/68 EN Official Journal of the European Communities 14. 4. 1999

Wednesday 13 January 1999

− having regard to the conclusions adopted by the Council on 9 October 1997 on PPPs in the area of
TEN projects, aimed at accelerating implementation of those projects,

− having regard to the report submitted by the Commission to the Cardiff European Council on the state
of progress of the fourteen priority projects (COM(98)0356),

− having regard to the report of the Committee on Transport and Tourism and the opinion of the
Committee on Economic and Monetary Affairs and Industrial Policy (A4-0372/98),

A. whereas the financial reference amount for Community aid in the area of the TENs is ECU 1 800
million for the financial period 1995-1999; whereas the financial perspectives submitted in the
meantime for the period 2000-2006 propose only the allocation of ECU 5 billion for that objective,

B. whereas this level of funding from the Union budget falls visibly short of what is required for the
needs and challenges arising from the creation of the TENs,

C. having regard, at national level, to the continuing problems of financing transport infrastructure
projects arising, in particular, from the well-known restrictions affecting public investment,

D. whereas unless private investment is mobilized for the TENs the EU will fail to make significant
progress in the field within a reasonable time,

E. whereas PPPs can and should be used as a key instrument for the creation of the TENs, improving
their financial viability and enhancing the profitability of the projects, while also helping keep
construction costs under control,

F. whereas in the case of publicly/privately financed infrastructure projects it is more important than
ever to assess the possible impact on the environment in detail and at an early stage; whereas the
existing Community rules in this area regarding environmental impact assessment are inadequate; and
whereas a strategic environmental impact assessment of the whole project and of all possible
alternatives appears appropriate,

G. whereas the success of PPPs requires a genuine alliance and a clear and suitable division of project
risks between the two sectors, on the basis of the necessary equilibrium between commercial criteria,
on the one hand, and social, environmental and macroeconomic criteria, on the other,

H. whereas the contribution of the private sector should not stop at financing, and use should be made of
private-sector experience in the technical, commercial, financial and management spheres, so as to
optimise the cost/efficiency ratio in the implementation of the TENs; whereas this will entail
private-sector participation from the drawing-board and planning stages right up to the actual
exploitation of the TENs,

I. whereas the Commission must ensure effective coordination of all Community measures affecting the
TENs, and especially between the financing arrangements for the TENs and those of the Structural
Funds, the Cohesion Fund, the European Investment Fund (EIF) and the European Investment Bank

J. having regard to its recent recommendations on European Economic Interest Groups (EEIGs),
especially the need for a pilot scheme for a financial instrument to encourage cross-border investment,

K. whereas separation of infrastructure ownership from its management and increased devolution of
fiscal autonomy to regional governments constitute pragmatic steps to diversify the risks borne by the
market and promote enlarged private participation in infrastructure financing,

L. mindful that in rail transport the State’s fundamental responsibility for providing the infrastructure is
enshrined in Directive 91/440/EEC on the development of the Community’s railways (1) (preamble
and Article 7),

(1) OJ L 237, 24.8.1991, p. 25.

14. 4. 1999 EN Official Journal of the European Communities C 104/69

Wednesday 13 January 1999

M. whereas the Commission recently submitted a proposal (COM(98)0172) (1) for the revision of
Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in
the field of trans-European networks (2); whereas this proposal, which also sets out the objective of
encouraging PPPs, has been the subject of a separate opinion,

N. having regard, in addition, to the need for the Member States to commit themselves in practical terms
to establishing the trans-European networks, via national transport policies in line with the decisions
of the Essen European Council,

1. Stresses that the development of the TENs is a decisive factor for the internal market, the
competitiveness of the EU economy, growth, economic and social cohesion and job creation policy, as
was stressed at the Luxembourg European Council on employment;

2. Shares the view of the High-Level Group that environmental protection considerations should be
addressed at the earliest possible stage in the project planning process (see COM(97)0453, point 3.5), and
calls on the Commission to put forward appropriate methods for strategically assessing the environmental
impact of the whole trans-European transport network (as already called for in Article 8(2)(a) of European
Parliament and Council Decision No 1692/96/EC of 23 July 1996 on Community guidelines for the
development of the trans-European transport network (3)), and to make a strategic environmental impact
assessment a precondition in connection with PPPs;

3. Considers that policy concerning the TENs and their financing should respect the goals of a
sustainable mobility policy, promoting a more integrated use of all transport modes and, in particular,
intermodal transport favouring more environment-friendly modes, respect for the environment and safety,
as well as the internalisation of external transport costs and suitable arrangements to ensure that
infrastructure users contribute to the relevant investment and maintenance costs;

4. Considers that PPPs are an important means of accelerating the creation of the TENs, and that it is
essential to establish, at both national and Community level, a suitable framework for the mobilization of
the private sector in the area of infrastructure, in particular by creating conditions of legal security, a factor
which is vital if the participation of private capital is to be encouraged;

5. Stresses that such an association between public and private sectors must respect the necessary
equilibrium between commercial and socio-economic criteria in project planning, as well as the need for a
suitable division of risks;

6. Points out that, in the interests of an optimum division of risks, the private sector must ensure that it
is able to meet the commitments entered into in a PPP; stresses, accordingly, that a sound private financing
scheme is crucial for the completion of the planned project on schedule, so that the public sector does not
come under pressure, at a critical point in the construction work, to safeguard the project through
additional subsidies;

7. Recommends that each PPP be analysed individually, with the analysis always including a
cost/benefit comparison with a purely publicly financed alternative in terms of profitability and social and
environmental consequences;

8. Stresses that the issue of PPPs cannot be considered in isolation from the budgetary restrictions on
Member States that will flow from the Stability and Growth Pacts; it is therefore encouraging that
EUROSTAT, in a methodological note (dated January 1998) on the financing, building and exploiting of
public infrastructure by the enterprise sector, has concluded that PPPs should have no impact on public
deficits in cases where no actual payments take place between the general government and private

9. Emphasises that, while PPPs can in certain cases reduce the need for public aid for the TENs, the
public sector cannot on those grounds cut back its efforts to assign and mobilise resources for
infrastructures, in keeping with the economic and social profitability of projects;

(1) OJ C 175, 9.6.1998, p. 7.

(2) OJ L 228, 23.9.1995, p. 1.
(3) OJ L 228, 9.9.1996, p. 1.
C 104/70 EN Official Journal of the European Communities 14. 4. 1999

Wednesday 13 January 1999

10. Stresses, therefore, that the allocation of public resources has a vital role to play in this field, and,
while aware of the present problems and restrictions affecting public funding, calls on the Member States,
nonetheless, to devote at least 1,5% of their budget resources to the TENs, especially in view of the
multiplier effect of such investment for the economy and jobs;

11. Considers it essential that Member States should commit themselves as a matter of priority to the
establishment of the transport infrastructures of European interest, in line with the agreements reached by
the heads of state and government at Essen;

12. Undertakes also, within its sphere of competence, to make all possible efforts to ensure a higher
level of funding for the Community budget headings relating to the TENs;

13. Calls on the Member States and the Commission to make every effort to ensure that the legislation
on public contracts applicable to infrastructure projects is both clear and flexible, given that legal certainty
is a long-standing essential condition for the involvement of the private sector;

14. Calls on the Member States and the Commission to ensure adequate transparency and public
participation in the planning process relating to publicly/privately supported projects, in accordance with
the EU Directives on public procurement and environmental impact assessment (Directive 85/337/EEC (1)
and its revised version) and with the Århus Convention on access to information and public participation
in environmental decision-making;

15. Stresses the importance for transport infrastructure projects of the Community legislation on public
contracts, public utility services and competition, and calls for its revision so as to favour PPPs;

16. Notes the Commission’s expressed intention of examining, together with the EIB and the EIF, the
possibility of improving the existing Community financial resources and of proposing new forms of
long-term funding (‘mezzanine funds’); considers it essential that the Commission submit proposals in
this field (especially for making venture capital more easily available) as soon as possible;

17. Draws attention to the fact that PPPs can also be used for smaller-scale infrastructure projects,
while also being of major potential value at local or regional level;

18. Calls on the Commission to keep it informed about any policy changes regarding the TENs projects
listed in the Annex to the Communication;

19. Instructs its President to forward this resolution to the Council, the Commission and the
governments of the Member States.

(1) OJ L 175, 5.7.1985, p. 40.

(b) A4-0375/98

Resolution on the Commission’s Green Paper on sea ports and maritime infrastructure
(COM(97)0678 − C4-0022/98)

The European Parliament,

− having regard to the Commission Green Paper (COM(97)0678 − C4-0022/98),

− having regard to its resolution of 11 March 1994 on a common policy on safe seas (1),

− having regard to its resolution of 18 June 1996 on the Commission communication on the
development of short sea shipping in Europe − prospects and challenges (2),

(1) OJ C 91, 28.3.1994, p. 301.

(2) OJ C 198, 8.7.1996, p. 44.