the organising Member State and each participating Member State shall agree on a list of authorised restraints in advance of the removal operation.

2. This Directive shall not prevent Member States from adopting or retaining, for carriers which infringe very seriously the obligations arising from the provisions of this Directive, other sanctions, such as immobilisation, seizure and confiscation of the means of transport, or temporary suspension or withdrawal of the operating licence.

Non-members feel that a law establishing the advisory council has to be a law of substance, which should include spelling out the terms such as “taxation”, “budgets”, “by-law establishment”, “capital improvements”, and in particular, a dispute resolution mechanism between the Westbank First Nation and non-members.

WHEREAS the proposed “First Nations Fiscal Institutions Act”, is national legislation, 1) which is based upon a municipal model, as well as, delegated authority, not the recognition of our inherent right of self-determination and self-government; 2) will lead to increased taxation over our members, while likely decreasing federal ongoing obligations and responsibilities for transfer payments for capital projects to our band; 3) will likely lead to assimilation of our Reserves into municipal and provincial taxation and land tenure systems; 4) will likely have a negative effect on our band members for generations to come.

WELCOMES the Resolution of the Council (Transport) of 8 June 1993 and in particular the points regarding environmentally sensitive areas, civil liability, risk assessment, port state control and port state inspection and detention; 2. STRESSES the importance of prompt action, in accordance with international law, to require adequate standards for ships sailing through environmentally sensitive areas; 3. INVITES: - Member States to identify environmentally sensitive areas on the basis of draft common criteria which will be circulated by the Commission before 15 July 1993, and to report to the Commission before November 1993 on the resul ...[+++]t of such identification; - the Commission to report to Council before February 1994 on a Community-wide identification of environmentally sensitive areas; 4. INVITES the Commission, in consultation with Member States, to study, on the basis of an assessment of risks to environmentally sensitive areas by maritime transport, whether the protection of such areas requires area-specific standards on maritime safety and to present the outcome of its study in the first half of 1995 with a view to proposing specific measures to IMO; 5. INVITES the Commission to examine the possibility of strengthening the preventive effects for the protection of the environment of penalties and civil liability.

This Directive shall not prevent Member States from adopting or retaining, for carriers which do not comply with the obligations arising from the provisions of Article 26(2) and (3) of the Schengen Convention and of Article 2 of this Directive, other measures involving penalties of another kind, such as immobilisation, seizure and confiscation of the means of transport, or temporary suspension or withdrawal of the operating licence.