# CE2006193EN.01001601.xml

| 17.8.2006 | EN | Official Journal of the European Union | CE 193/16 |
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17.8.2006

EN

Official Journal of the European Union

CE 193/16

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MINUTES

(2006/C 193 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Jacek Emil SARYUSZ-WOLSKI

Vice-President

1.   Opening of sitting

The sitting opened at 09.05.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:







  — | Proposal for a decision of the European Parliament and the Council on the European Year of Equal Opportunities for All (2007) — Towards a Just Society (COM(2005)0225 — C6-0178/2005 — 2005/0107(COD))






  referred to | responsible: LIBE |
| --- | --- | --- | --- |
| | opinion: BUDG, EMPL, CULT, FEMM |

1)

from the Council and Commission:

from the Council and Commission:

—

Proposal for a decision of the European Parliament and the Council on the European Year of Equal Opportunities for All (2007) — Towards a Just Society (COM(2005)0225 — C6-0178/2005 — 2005/0107(COD))

referred to

responsible: LIBE

opinion: BUDG, EMPL, CULT, FEMM

| — | Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD))






  referred to | responsible: JURI |
| --- | --- | --- |
| | opinion: LIBE |

—

Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD))

referred to

responsible: JURI

opinion: LIBE

| — | Proposal for a European Parliament and Council directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (COM(2005)0276 [01] — C6-0233/2005 — 2005/0127(COD))






  referred to | responsible: JURI |
| --- | --- | --- |
| | opinion: ITRE, IMCO, LIBE |

—

Proposal for a European Parliament and Council directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (COM(2005)0276 [01] — C6-0233/2005 — 2005/0127(COD))

referred to

responsible: JURI

opinion: ITRE, IMCO, LIBE

| — | Proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2005)0181 — C6-0234/2005 — 2005/0090(CNS))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: CONT |

—

Proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2005)0181 — C6-0234/2005 — 2005/0090(CNS))

referred to

responsible: BUDG

opinion: CONT

| — | Proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (COM(2005)0091 — C6-0235/2005 — 2005/0018(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |

—

Proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (COM(2005)0091 — C6-0235/2005 — 2005/0018(CNS))

referred to

responsible: LIBE

| — | Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the general programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [02] — C6-0236/2005 — 2005/0038(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: BUDG, CULT |

—

Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the general programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [02] — C6-0236/2005 — 2005/0038(CNS))

referred to

responsible: LIBE

opinion: BUDG, CULT

| — | Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Criminal justice’ as part of the general programme ‘Fundamental Rights and Justice’ (COM(2005) 0122 [03] — C6-0237/2005 — 2005/0039(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: BUDG |

—

Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Criminal justice’ as part of the general programme ‘Fundamental Rights and Justice’ (COM(2005) 0122 [03] — C6-0237/2005 — 2005/0039(CNS))

referred to

responsible: LIBE

opinion: BUDG

| — | Proposal for a Council decision establishing the European Fund for the Integration of third-country nationals for the period 2007-2013 as part of the general programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [03] — C6-0238/2005 — 2005/0048(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: DEVE, BUDG, EMPL, CULT |

—

Proposal for a Council decision establishing the European Fund for the Integration of third-country nationals for the period 2007-2013 as part of the general programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [03] — C6-0238/2005 — 2005/0048(CNS))

referred to

responsible: LIBE

opinion: DEVE, BUDG, EMPL, CULT

| — | Draft amending budget No 4 for the financial year 2005 (11220/2005 — C6-0239/2005 — 2005/2079(BUD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: AFET, DEVE |

—

Draft amending budget No 4 for the financial year 2005 (11220/2005 — C6-0239/2005 — 2005/2079(BUD))

referred to

responsible: BUDG

opinion: AFET, DEVE

| — | Draft amending budget No 5 for the financial year 2005 (11221/2005 — C6-0240/2005 — 2005/2126(BUD))






  referred to | responsible: BUDG |
| --- | --- | --- |

—

Draft amending budget No 5 for the financial year 2005 (11221/2005 — C6-0240/2005 — 2005/2126(BUD))

referred to

responsible: BUDG

| — | Proposal for a Council decision establishing the specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’, for the period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [01] — C6-0241/2005 — 2005/0034(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: AFET, BUDG |

—

Proposal for a Council decision establishing the specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’, for the period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [01] — C6-0241/2005 — 2005/0034(CNS))

referred to

responsible: LIBE

opinion: AFET, BUDG

| — | Proposal for a Council decision establishing the specific programme ‘Prevention of and Fight against Crime’ for the period 2007-2013 — general programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [02] — C6-0242/2005 — 2005/0035(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: BUDG |

—

Proposal for a Council decision establishing the specific programme ‘Prevention of and Fight against Crime’ for the period 2007-2013 — general programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [02] — C6-0242/2005 — 2005/0035(CNS))

referred to

responsible: LIBE

opinion: BUDG

| — | Proposal for a Council regulation on the common organisation of the markets in the sugar sector (COM(2005)0263 [01] — C6-0243/2005 — 2005/0118(CNS))






  referred to | responsible: AGRI |
| --- | --- | --- |
| | opinion: DEVE, INTA, BUDG, CONT, REGI |

—

Proposal for a Council regulation on the common organisation of the markets in the sugar sector (COM(2005)0263 [01] — C6-0243/2005 — 2005/0118(CNS))

referred to

responsible: AGRI

opinion: DEVE, INTA, BUDG, CONT, REGI

| — | Proposal for a Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (COM(2005)0263 [02] — C6-0244/2005 — 2005/0119(CNS))






  referred to | responsible: AGRI |
| --- | --- | --- |
| | opinion: DEVE, INTA, BUDG, CONT, REGI |

—

Proposal for a Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (COM(2005)0263 [02] — C6-0244/2005 — 2005/0119(CNS))

referred to

responsible: AGRI

opinion: DEVE, INTA, BUDG, CONT, REGI

| — | Proposal for a Council regulation establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1258/1999 on the financing of the common agricultural policy (COM(2005)0263 [03] — C6-0245/2005 — 2005/0120(CNS))






  referred to | responsible: AGRI |
| --- | --- | --- |
| | opinion: DEVE, INTA, BUDG, CONT, REGI |

—

Proposal for a Council regulation establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1258/1999 on the financing of the common agricultural policy (COM(2005)0263 [03] — C6-0245/2005 — 2005/0120(CNS))

referred to

responsible: AGRI

opinion: DEVE, INTA, BUDG, CONT, REGI

| — | Proposal for a directive of the European Parliament and of the Council repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (COM(2005)0361 — C6-0248/2005 — 2005/0147(COD))






  referred to | responsible: ITRE |
| --- | --- | --- |
| | opinion: IMCO |

—

Proposal for a directive of the European Parliament and of the Council repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (COM(2005)0361 — C6-0248/2005 — 2005/0147(COD))

referred to

responsible: ITRE

opinion: IMCO

| — | Proposal for a regulation of the European Parliament and of the Council on statistics on goods transport by inland waterways (COM(2005)0366 — C6-0249/2005 — 2005/0150(COD))






  referred to | responsible: TRAN |
| --- | --- | --- |
| | opinion: ECON |

—

Proposal for a regulation of the European Parliament and of the Council on statistics on goods transport by inland waterways (COM(2005)0366 — C6-0249/2005 — 2005/0150(COD))

referred to

responsible: TRAN

opinion: ECON

| — | Proposal for a directive of the European Parliament and of the Council amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (COM(2005)0370 — C6-0250/2005 — 2005/0149(COD))






  referred to | responsible: ENVI |
| --- | --- | --- |
| | opinion: ITRE, IMCO |

—

Proposal for a directive of the European Parliament and of the Council amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (COM(2005)0370 — C6-0250/2005 — 2005/0149(COD))

referred to

responsible: ENVI

opinion: ITRE, IMCO

| — | Proposal for a Council directive laying down detailed rules for the refund of value added tax, provided for in Directive 77/388/EEC, to taxable persons not established in the territory of the country but established in another Member State (COM(2004)0728 [03] — C6-0251/2005 — 2005/0807(CNS))






  referred to | responsible: ECON |
| --- | --- | --- |
| | opinion: IMCO |

—

Proposal for a Council directive laying down detailed rules for the refund of value added tax, provided for in Directive 77/388/EEC, to taxable persons not established in the territory of the country but established in another Member State (COM(2004)0728 [03] — C6-0251/2005 — 2005/0807(CNS))

referred to

responsible: ECON

opinion: IMCO

| — | Proposal for a decision of the European Parliament and of the Council on the financing of European standardisation (COM(2005)0377 — C6-0252/2005 — 2005/0157(COD))






  referred to | responsible: IMCO |
| --- | --- | --- |
| | opinion: BUDG, ITRE |

—

Proposal for a decision of the European Parliament and of the Council on the financing of European standardisation (COM(2005)0377 — C6-0252/2005 — 2005/0157(COD))

referred to

responsible: IMCO

opinion: BUDG, ITRE

| — | Proposal for a decision of the European Parliament and of the Council introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories (COM(2005)0381 [01] — C6-0253/2005 — 2005/0158(COD))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: AFET |

—

Proposal for a decision of the European Parliament and of the Council introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories (COM(2005)0381 [01] — C6-0253/2005 — 2005/0158(COD))

referred to

responsible: LIBE

opinion: AFET

| — | Proposal for a decision of the European Parliament and of the Council establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory (COM(2005)0381 [02] — C6-0254/2005 — 2005/0159(COD))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: AFET |

—

Proposal for a decision of the European Parliament and of the Council establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory (COM(2005)0381 [02] — C6-0254/2005 — 2005/0159(COD))

referred to

responsible: LIBE

opinion: AFET

| — | Initiative of the United Kingdom with a view to adopting a Council decision amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (10706/2005 — C6-0255/2005 — 2005/0808(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |

—

Initiative of the United Kingdom with a view to adopting a Council decision amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (10706/2005 — C6-0255/2005 — 2005/0808(CNS))

referred to

responsible: LIBE

| — | Proposal for a regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (recast) (COM(2005)0399 — C6-0256/2005 — 2005/0166(COD))






  referred to | responsible: LIBE |
| --- | --- | --- |
| | opinion: ENVI, JURI |

—

Proposal for a regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (recast) (COM(2005)0399 — C6-0256/2005 — 2005/0166(COD))

referred to

responsible: LIBE

opinion: ENVI, JURI

3.   Transfers of appropriations

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 18/2005 (C6-0186/2005 — SEC(2005)0683).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 19/2005 (C6-0187/2005 — SEC(2005)0684).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 20/2005 (C6-0188/2005 — SEC(2005)0685).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 21/2005 (C6-0189/2005 — SEC(2005)0757).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 22/2005 (C6-0212/2005 — SEC(2005)0821).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 23/2005 (C6-0227/2005 — SEC(2005)0822).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 24/2005 (C6-0228/2005 — SEC(2005)0899).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 26/2005 (C6-0229/2005 — SEC(2005)0901).

After noting the Council's opinion, the committee authorised the transfer in full, pursuant to Article 24(3) of the Financial Regulation of 25 June 2002.

4.   Natural disasters (fires and floods) (motions for resolutions tabled)

(motions for resolutions tabled)

The following motions for resolutions had been tabled pursuant to Rule 103(2) to wind up the debate on natural disasters (fires and floods) (Minutes of 05.09.2005, Item 18):

(Minutes of 05.09.2005, Item 18)

| — | Gerardo Galeote Quecedo, Françoise Grossetête, Luís Queiró, Othmar Karas, Markus Ferber, Richard Seeber, Luis de Grandes Pascual, László Surján, Daniel Varela Suanzes-Carpegna, José Ribeiro e Castro, María Esther Herranz García, María del Pilar Ayuso González and Cristina Gutiérrez-Cortines, on behalf of the PPE-DE Group, on the fires of this summer in southern Europe and the floods in central Europe (B6-0458/2005); |
| --- | --- |

—

Gerardo Galeote Quecedo, Françoise Grossetête, Luís Queiró, Othmar Karas, Markus Ferber, Richard Seeber, Luis de Grandes Pascual, László Surján, Daniel Varela Suanzes-Carpegna, José Ribeiro e Castro, María Esther Herranz García, María del Pilar Ayuso González and Cristina Gutiérrez-Cortines, on behalf of the PPE-DE Group, on the fires of this summer in southern Europe and the floods in central Europe (B6-0458/2005);

| — | Vittorio Prodi, on behalf of the ALDE Group, on the natural disasters in the EU this summer (B6-0462/2005); |
| --- | --- |

—

Vittorio Prodi, on behalf of the ALDE Group, on the natural disasters in the EU this summer (B6-0462/2005);

| — | Rosa Miguélez Ramos, Edite Estrela, Heinz Kindermann and Herbert Bösch, on behalf of the PSE Group, on the fires and floods in Europe during the summer of 2005 (B6-0466/2005); |
| --- | --- |

—

Rosa Miguélez Ramos, Edite Estrela, Heinz Kindermann and Herbert Bösch, on behalf of the PSE Group, on the fires and floods in Europe during the summer of 2005 (B6-0466/2005);

| — | Liam Aylward, Alessandro Foglietta and Rolandas Pavilionis, on behalf of the UEN Group, on the natural disasters in the EU this summer (B6-0467/2005); |
| --- | --- |

—

Liam Aylward, Alessandro Foglietta and Rolandas Pavilionis, on behalf of the UEN Group, on the natural disasters in the EU this summer (B6-0467/2005);

| — | Ilda Figueiredo, Pedro Guerreiro, Willy Meyer Pleite, Helmuth Markov and Dimitrios Papadimoulis, on behalf of the GUE/NGL Group, on natural disasters (fires and floods) (B6-0471/2005); |
| --- | --- |

—

Ilda Figueiredo, Pedro Guerreiro, Willy Meyer Pleite, Helmuth Markov and Dimitrios Papadimoulis, on behalf of the GUE/NGL Group, on natural disasters (fires and floods) (B6-0471/2005);

| — | Claude Turmes, Satu Hassi and Eva Lichtenberger, on behalf of the Verts/ALE Group, on natural disasters (B6-0472/2005). |
| --- | --- |

—

Claude Turmes, Satu Hassi and Eva Lichtenberger, on behalf of the Verts/ALE Group, on natural disasters (B6-0472/2005).

5.   Debates on cases of breaches of human rights, democracy and the rule of law (announcement of motions for resolutions tabled)

(announcement of motions for resolutions tabled)

Pursuant to Rule 115, the following Members or political groups had requested that such a debate be held on the following motions for resolutions:

I . FAMINE IN NIGER

| — | Panagiotis Beglitis and Pasqualina Napoletano, on behalf of the PSE Group, on the food situation in Niger (B6-0460/2005); |
| --- | --- |

—

Panagiotis Beglitis and Pasqualina Napoletano, on behalf of the PSE Group, on the food situation in Niger (B6-0460/2005);

| — | Marie-Hélène Aubert, Marie Anne Isler Béguin and Frithjof Schmidt, on behalf of the Verts/ALE Group, on the famine in Niger (B6-0464/2005); |
| --- | --- |

—

Marie-Hélène Aubert, Marie Anne Isler Béguin and Frithjof Schmidt, on behalf of the Verts/ALE Group, on the famine in Niger (B6-0464/2005);

| — | Luisa Morgantini and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the food situation in Niger (B6-0470/2005); |
| --- | --- |

—

Luisa Morgantini and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the food situation in Niger (B6-0470/2005);

| — | Fiona Hall and Johan Van Hecke, on behalf of the ALDE Group, on the famine in Niger (B6-0473/2005); |
| --- | --- |

—

Fiona Hall and Johan Van Hecke, on behalf of the ALDE Group, on the famine in Niger (B6-0473/2005);

| — | John Bowis and Bernd Posselt, on behalf of the PPE-DE Group, on the famine in Niger (B6-0476/2005); |
| --- | --- |

—

John Bowis and Bernd Posselt, on behalf of the PPE-DE Group, on the famine in Niger (B6-0476/2005);

| — | Ģirts Valdis Kristovskis, Eoin Ryan and Roberts Zīle, on behalf of the UEN Group, on the famine in Niger (B6-0479/2005). |
| --- | --- |

—

Ģirts Valdis Kristovskis, Eoin Ryan and Roberts Zīle, on behalf of the UEN Group, on the famine in Niger (B6-0479/2005).

II. BREACHES OF HUMAN RIGHTS IN CHINA, IN PARTICULAR AS REGARDS FREEDOM OF RELIGION

| — | Graham Watson, on behalf of the ALDE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0457/2005); |
| --- | --- |

—

Graham Watson, on behalf of the ALDE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0457/2005);

| — | Pasqualina Napoletano, on behalf of the PSE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0461/2005); |
| --- | --- |

—

Pasqualina Napoletano, on behalf of the PSE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0461/2005);

| — | Raül Romeva i Rueda, Hélène Flautre, Helga Trüpel and Claude Turmes, on behalf of the Verts/ALE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0465/2005); |
| --- | --- |

—

Raül Romeva i Rueda, Hélène Flautre, Helga Trüpel and Claude Turmes, on behalf of the Verts/ALE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0465/2005);

| — | Jonas Sjöstedt, on behalf of the GUE/NGL Group, on fundamental freedoms in People's Republic of China (B6-0469/2005); |
| --- | --- |

—

Jonas Sjöstedt, on behalf of the GUE/NGL Group, on fundamental freedoms in People's Republic of China (B6-0469/2005);

| — | José Ribeiro e Castro, Mario Mauro, John Bowis, Bernd Posselt, Vytautas Landsbergis, Thomas Mann and Georg Jarzembowski, on behalf of the PPE-DE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0475/2005); |
| --- | --- |

—

José Ribeiro e Castro, Mario Mauro, John Bowis, Bernd Posselt, Vytautas Landsbergis, Thomas Mann and Georg Jarzembowski, on behalf of the PPE-DE Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0475/2005);

| — | Bastiaan Belder, on behalf of the IND/DEM Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0477/2005); |
| --- | --- |

—

Bastiaan Belder, on behalf of the IND/DEM Group, on the violation of Human Rights in the People's Republic of China, in particular with regard to the freedom of religion (B6-0477/2005);

| — | Cristiana Muscardini, Marcin Libicki, Konrad Szymański and Roberta Angelilli, on behalf of the UEN Group, Freedom of Religion in the People's Republic of China (B6-0478/2005). |
| --- | --- |

—

Cristiana Muscardini, Marcin Libicki, Konrad Szymański and Roberta Angelilli, on behalf of the UEN Group, Freedom of Religion in the People's Republic of China (B6-0478/2005).

III. POLITICAL PRISONERS IN SYRIA

| — | Philippe Morillon, on behalf of the ALDE Group, on the human rights situation in Syria, in particular the case of Riad Seif and Mamun al Humsi (B6-0456/2005); |
| --- | --- |

—

Philippe Morillon, on behalf of the ALDE Group, on the human rights situation in Syria, in particular the case of Riad Seif and Mamun al Humsi (B6-0456/2005);

| — | Pasqualina Napoletano, on behalf of the PSE Group, on the situation of political prisoners in Syria (B6-0459/2005); |
| --- | --- |

—

Pasqualina Napoletano, on behalf of the PSE Group, on the situation of political prisoners in Syria (B6-0459/2005);

| — | Hélène Flautre and Cem Özdemir, on behalf of the Verts/ALE Group, on political prisoners in Syria, in particular the case of Riad Seif and Mamun al Humsi (B6-0463/2005); |
| --- | --- |

—

Hélène Flautre and Cem Özdemir, on behalf of the Verts/ALE Group, on political prisoners in Syria, in particular the case of Riad Seif and Mamun al Humsi (B6-0463/2005);

| — | Vittorio Agnoletto, on behalf of the GUE/NGL Group, on human rights in Syria (B6-0468/2005); |
| --- | --- |

—

Vittorio Agnoletto, on behalf of the GUE/NGL Group, on human rights in Syria (B6-0468/2005);

| — | Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group, on human rights in Syria (B6-0474/2005); |
| --- | --- |

—

Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group, on human rights in Syria (B6-0474/2005);

| — | Cristiana Muscardini and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the situation of political prisoners in Syria (B6-0480/2005). |
| --- | --- |

—

Cristiana Muscardini and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the situation of political prisoners in Syria (B6-0480/2005).

Speaking time would be allocated in accordance with Rule 142.

6.   Health and safety at work: Exposure to optical radiation ***II (debate)

(debate)

Recommendation for second reading on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [05571/6/2005 — C6-0129/2005 — 1992/0449B((COD)] — Committee on Employment and Social Affairs.

Rapporteur: Csaba Őry (A6-0249/2005).

Jacques Barrot (Vice-President of the Commission) spoke.

Csaba Őry introduced the recommendation for second reading.

The following spoke: Ria Oomen-Ruijten, on behalf of the PPE-DE Group, Stephen Hughes, on behalf of the PSE Group, Elizabeth Lynne, on behalf of the ALDE Group, Sepp Kusstatscher, on behalf of the Verts/ALE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Roger Helmer, Non-attached Member, Thomas Mann, Harlem Désir, Marian Harkin, Elisabeth Schroedter, Jiří Maštálka, Anja Weisgerber, Karin Jöns, Alyn Smith, Philip Bushill-Matthews, Harald Ettl, Alexander Radwan, Ole Christensen, Avril Doyle, Proinsias De Rossa and Jacques Barrot.

The debate closed.

Vote: Minutes of 07.09.2005, Item 4.7

Minutes of 07.09.2005, Item 4.7

7.   Progress ***I (debate)

(debate)

Report on the proposal for a decision of the European Parliament and of the Council establishing a Community Programme for Employment and Social Solidarity — Progress [COM(2004)0488 — C6-0092/2004 — 2004/0158(COD)] — Committee on Employment and Social Affairs.

Rapporteur: Karin Jöns (A6-0199/2005)

Jacques Barrot (Vice-President of the Commission) spoke.

Karin Jöns introduced the report.

The following spoke: Ilda Figueiredo (draftsman of the opinion of the FEMM Committee), Raymond Langendries, on behalf of the PPE-DE Group, and Jan Andersson, on behalf of the PSE Group.

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

The following spoke: Luigi Cocilovo, on behalf of the ALDE Group, Bairbre de Brún, on behalf of the GUE/NGL Group, Derek Roland Clark, on behalf of the IND/DEM Group, Ria Oomen-Ruijten, Richard Howitt, Siiri Oviir, Kyriacos Triantaphyllides, Marie Panayotopoulos-Cassiotou, Lissy Gröner, Anna Záborská, Rodi Kratsa-Tsagaropoulou and Jacques Barrot.

The debate closed.

Vote: Minutes of 06.09.2005, Item 9.15

Minutes of 06.09.2005, Item 9.15

8.   Television without frontiers (debate)

(debate)

Report on the application of Articles 4 and 5 of Directive 89/552/CEE Television without frontiers, as amended by Directive 97/36/EC, for the period of 2001-2002 [2004/2236(INI)] — Committee on Culture and Education.

Rapporteur: Henri Weber (A6-0202/2005).

Henri Weber introduced the report.

The following spoke: Luis Herrero-Tejedor, on behalf of the PPE-DE Group, Gyula Hegyi, on behalf of the PSE Group, Claire Gibault, on behalf of the ALDE Group, Helga Trüpel, on behalf of the Verts/ALE Group, Dimitrios Papadimoulis, on behalf of the GUE/NGL Group, Ruth Hieronymi, Vladimír Železný, on behalf of the IND/DEM Group, Nikolaos Sifunakis, Giulietto Chiesa, Alyn Smith, Mario Borghezio, Manolis Mavrommatis, Maria Badia I Cutchet, Anneli Jäätteenmäki, Thomas Wise, Ivo Belet and Jacques Barrot (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 06.09.2005, Item 9.17

Minutes of 06.09.2005, Item 9.17

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

9.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in Annex I to the Minutes.

9.1.   Request for consultation of the European Economic and Social Committee on Structure, items and framework for appraisal of the debate on the European Union (Rule 117)

(Rule 117)

Request for consultation of the European Economic and Social Committee on Structure, items and framework for appraisal of the debate on the European Union

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

Approved

9.2.   Request for consultation of the Committee of the Regions on Structure, items and framework for appraisal of the debate on the European Union (Rule 118)

(Rule 118)

Request for consultation of the Committee of the Regions on Structure, items and framework for appraisal of the debate on the European Union

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

Approved

9.3.   Protocol to the Euro-Mediterranean Agreement with Morocco, following enlargement *** (Rule 131) (vote)

(Rule 131) (vote)

Recommendation on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union [9649/2005 — COM(2004)0848 — C6-0200/2005 — 2004/0292(AVC)] — Committee on Foreign Affairs.

Rapporteur: Elmar Brok (A6-0219/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0308)

(P6_TA(2005)0308)

Parliament thereby gave its assent.

9.4.   Protocol to the Euro-Mediterranean Agreement with Tunisia, following enlargement *** (Rule 131) (vote)

(Rule 131) (vote)

Recommendation on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union [9648/2005 — COM(2004)0736 — C6-0199/2005 — 2004/0265(AVC)] — Committee on Foreign Affairs.

Rapporteur: Elmar Brok (A6-0220/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0309)

(P6_TA(2005)0309)

Parliament thereby gave its assent.

9.5.   Protocol to the Euro-Mediterranean Agreement with Jordan, following enlargement *** (Rule 131) (vote)

(Rule 131) (vote)

Recommendation on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union [5092/2005 — COM(2004)0578 — C6-0202/2005 — 2004/0196 (AVC)] — Committee on Foreign Affairs.

Rapporteur: Elmar Brok (A6-0221/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0310)

(P6_TA(2005)0310)

Parliament thereby gave its assent.

9.6.   Common organisation of the market in raw tobacco * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco [COM(2005)0235 — C6-0193/2005 — 2005/0105(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Joseph Daul (A6-0233/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0311)

(P6_TA(2005)0311)

9.7.   Introduction to organic production of agricultural products and foodstuffs * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs [COM(2005)0194 — C6-0140/2005 — 2005/0094(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Joseph Daul (A6-0234/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0312)

(P6_TA(2005)0312)

9.8.   Deployment and commercial operating phases of the European programme of satellite radionavigation ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and the Council on the implementation of the deployment and commercial operating phases of the European programme of satellite radionavigation [COM(2004)0477 — C6-0087/2004 — 2004/0156(COD)] — Committee on Industry, Research and Energy.

Rapporteur: Etelka Barsi-Pataky (A6-0212/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0313)

(P6_TA(2005)0313)

The following spoke on the vote:

The following spoke on the vote:

| — | Etelka Barsi-Pataky (rapporteur), who moved an oral amendment to amendments 6, 7, 8 and 19, which was incorporated. |
| --- | --- |

—

Etelka Barsi-Pataky (rapporteur), who moved an oral amendment to amendments 6, 7, 8 and 19, which was incorporated.

9.9.   Agreement between the EC and Lebanon on certain aspects of air services * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services [COM(2005)0062 — C6-0059/2005 — 2005/0012(CNS)] — Committee on Transport and Tourism.

Rapporteur: Paolo Costa (A6-0232/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0314)

(P6_TA(2005)0314)

9.10.   Agreement between the EC and Georgia on certain aspects of air services * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Georgia on certain aspects of air services [COM(2005)0061 — C6-0060/2005 — 2005/0009(CNS)] — Committee on Transport and Tourism.

Rapporteur: Paolo Costa (A6-0231/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0315)

(P6_TA(2005)0315)

9.11.   Data on fishing activities, remote sensing * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation on electronic recording and reporting of fishing activities and on means of remote sensing [COM(2004)0724 — C6-0187/2004 — 2004/0252(CNS)] — Committee on Fisheries.

Rapporteur: Paulo Casaca (A6-0238/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0316)

(P6_TA(2005)0316)

9.12.   EC-Albania Agreement on the readmission of persons residing without authorisation * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation [COM(2004)0092 — C6-0053/2005 — 2004/0033(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Ewa Klamt (A6-0214/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 12)

(Voting record: Annex I, Item 12)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0317)

(P6_TA(2005)0317)

9.13.   Access to Community External Assistance * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation on access to Community External Assistance [8977/2005 — C6-0156/2005 — 2005/0806(CNS)] — Committee on Development.

Rapporteur: Michael Gahler (A6-0239/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 13)

(Voting record: Annex I, Item 13)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0318)

(P6_TA(2005)0318)

9.14.   Management of waste from extractive industries ***II (vote)

(vote)

Recommendation for second reading on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC [16075/1/2004 — C6-0128/2005 — 2003/0107 (COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Jonas Sjöstedt (A6-0236/2005)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 14)

(Voting record: Annex I, Item 14)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2005)0319)

(P6_TA(2005)0319)

9.15.   Progress ***I (vote)

(vote)

Report on the proposal for a decision of the European Parliament and of the Council establishing a Community Programme for Employment and Social Solidarity — Progress [COM(2004)0488 — C6-0092/2004 — 2004/0158(COD)] — Committee on Employment and Social Affairs.

Rapporteur: Karin Jöns (A6-0199/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 15)

(Voting record: Annex I, Item 15)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0320)

(P6_TA(2005)0320)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0320)

(P6_TA(2005)0320)

The following spoke on the vote:

The following spoke on the vote:

| — | Lívia Járóka, who moved oral amendments to amendments 6 and 23, and Karin Jöns (rapporteur), who spoke on those amendments. As more than 37 Members objected, the amendments were not put to the vote; |
| --- | --- |

—

Lívia Járóka, who moved oral amendments to amendments 6 and 23, and Karin Jöns (rapporteur), who spoke on those amendments. As more than 37 Members objected, the amendments were not put to the vote;

| — | at the end of the vote, the rapporteur thanked the members of the Temporary Committee on the policy challenges and budgetary means of the enlarged Union 2007-2013 for their cooperation. |
| --- | --- |

—

at the end of the vote, the rapporteur thanked the members of the Temporary Committee on the policy challenges and budgetary means of the enlarged Union 2007-2013 for their cooperation.

9.16.   Textiles and clothing after 2005 (vote)

(vote)

Report on textiles and clothing after 2005 [2004/2265(INI)] — Committee on International Trade.

Rapporteur: Tokia Saïfi (A6-0193/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 16)

(Voting record: Annex I, Item 16)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0321)

(P6_TA(2005)0321)

The following spoke on the vote:

The following spoke on the vote:

| — | Pedro Guerreiro, on behalf of the GUE/NGL Group, who moved an oral amendment to amendment 9, which was incorporated. |
| --- | --- |

—

Pedro Guerreiro, on behalf of the GUE/NGL Group, who moved an oral amendment to amendment 9, which was incorporated.

9.17.   Television without frontiers (vote)

(vote)

Report on the application of Articles 4 and 5 of Directive 89/552/CEE Television without frontiers, as amended by Directive 97/36/EC, for the period of 2001-2002 [2/004/2236(INI)] — Committee on Culture and Education.

Rapporteur: Henri Weber (A6-0202/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 17)

(Voting record: Annex I, Item 17)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0322)

(P6_TA(2005)0322)

10.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the verbatim report of proceedings for the sitting.

Oral explanations of vote:

Oral explanations of vote:

Report: Karin Jöns — A6-0199/2005

| — | Hynek Fajmon |
| --- | --- |

—

Hynek Fajmon

Report: Tokia Saïfi — A6-0193/2005

| — | Alexander Stubb and Jörg Leichtfried |
| --- | --- |

—

Alexander Stubb and Jörg Leichtfried

11.   Corrections to votes

Corrections to votes appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in Annex II to the Minutes, ‘Result of roll-call votes’.

Séance en direct

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

The list of corrections to votes will then be finalised so that it can be translated and published in the Official Journal.

(The sitting was suspended at 12.40 and resumed at 15.05.)

(The sitting was suspended at 12.40 and resumed at 15.05.)

IN THE CHAIR: Luigi COCILOVO

Vice-President

12.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

13.   Financial year 2006

Presentation by the Council of the draft general budget — Financial year 2006

Ivan Lewis (President-in-Office of the Council) introduced the draft general budget.

The item closed.

14.   European Union general budget for 2006 (debate)

(debate)

European Union general budget for 2006

The following spoke: Janusz Lewandowski (Chairman of the BUDG Committee), Giovanni Pittella (rapporteur for the 2006 general budget), Valdis Dombrovskis (rapporteur for the 2006 general budget), Dalia Grybauskaitė (Member of the Commission), Laima Liucija Andrikienė, on behalf of the PPE-DE Group, Constanze Angela Krehl, on behalf of the PSE Group, István Szent-Iványi, on behalf of the ALDE Group, Helga Trüpel, on behalf of the Verts/ALE Group, Esko Seppänen, on behalf of the GUE/NGL Group, and Lars Wohlin, on behalf of the IND/DEM Group.

IN THE CHAIR: Dagmar ROTH-BEHRENDT

Vice-President

The following spoke: Wojciech Roszkowski, on behalf of the UEN Group, Sergej Kozlík, Non-attached Member, Margrietus van den Berg, Anne E. Jensen, Georgios Karatzaferis, Véronique De Keyser, Annemie Neyts-Uyttebroeck, David Martin, Nathalie Griesbeck, Katerina Batzeli, Jan Mulder, Teresa Riera Madurell, Jamila Madeira, Kyösti Tapio Virrankoski, Jutta D. Haug, Catherine Guy-Quint, Bogusław Liberadzki, Martine Roure, Lissy Gröner, Heinz Kindermann and Joseph Muscat.

The debate closed.

15.   Draft amending budget No 4/2005 — Mobilisation of the flexibility instrument (Tsunami) (debate)

(debate)

Report on Draft amending budget No 4/2005 of the European Union for the financial year 2005 — Section III — Commission [11220/2005 — C6-0239/2005 — 2005/2079(BUD)] — Committee on Budgets.

Rapporteur: Salvador Garriga Polledo (A6-0255/2005)

Report on the proposal for a decision of the European Parliament and of the Council relating to the mobilisation of the flexibility instrument in favour of assistance for the rehabilitation and reconstruction for those countries affected by the Tsunami according to point 24 of the Interinstitutional Agreement of 6 May 1999 [SEC(2005)0548 — C6-0127/2005 — 2005/2083(ACI)] — Committee on Budgets.

Rapporteur: Reimer Böge (A6-0254/2005)

Salvador Garriga Polledo introduced the report (A6-0255/2005).

Reimer Böge introduced the report (A6-0254/2005).

The following spoke: Nirj Deva (draftsman of the opinion of the DEVE Committee), Ingeborg Gräßle, on behalf of the PPE-DE Group, Catherine Guy-Quint, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ALDE Group, Helga Trüpel, on behalf of the Verts/ALE Group, Alessandro Battilocchio, Nonattached Member, Zbigniew Krzysztof Kuźmiuk, Anders Wijkman (draftsman of the opinion of the DEVE Committee) and Dalia Grybauskaitė (Member of the Commission).

The debate closed.

Vote: Minutes of 07.09.2005, Item 4.4 and Minutes of 07.09.2005, Item 4.1

Minutes of 07.09.2005, Item 4.4 and Minutes of 07.09.2005, Item 4.1

(The sitting was suspended at 17.15 pending Question Time and resumed at 17.30.)

(The sitting was suspended at 17.15 pending Question Time and resumed at 17.30.)

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

16.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B6-0330/2005).

First part

First part

Question 38 (Panagiotis Beglitis): Exports of products from FYROM.

László Kovács (Member of the Commission) answered the question and a supplementary by Panagiotis Beglitis.

Question 39 (Seán Ó Neachtain): Internet spyware.

Viviane Reding (Member of the Commission) answered the question and a supplementary by Seán Ó Neachtain.

Question 40 lapsed as its author was absent.

Second part

Second part

Question 41 (Nikolaos Vakalis): Financial Perspective for 2007-2013.

Dalia Grybauskaitė (Member of the Commission) answered the question and supplementaries by Nikolaos Vakalis and David Martin.

Question 42 (Justas Vincas Paleckis): New measures to project the idea of a united Europe and tell citizens of the Member States about the EU's practical achievements.

Question 43 (Gay Mitchell): Plan D.

Margot Wallström (Vice-President of the Commission) answered the questions and supplementaries by Justas Vincas Paleckis, Gay Mitchell, David Martin, Paul Rübig and Elmar Brok.

Question 44 (Nils Lundgren): The EU's information strategy.

Margot Wallström answered the question and supplementaries by Nils Lundgren, Elmar Brok and Jan Andersson.

Question 45 (Bart Staes): European legal framework for combating cross-border waste-related crime.

Franco Frattini (Vice-President of the Commission) answered the question and a supplementary by Bart Staes.

Question 46 lapsed as its author was absent.

Question 47 (Sarah Ludford): US no-fly lists.

Franco Frattini answered the question and supplementaries by Sophia in 't Veld (deputising for the author), Paul Rübig and Dimitrios Papadimoulis.

Question 48 (Bernd Posselt): Police academy and external border controls.

Franco Frattini answered the question and a supplementary by Bernd Posselt.

Question 49 (Dimitrios Papadimoulis): European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

Franco Frattini answered the question and a supplementary by Dimitrios Papadimoulis.

Question 50 (Claude Moraes): Transparency of Europol.

Franco Frattini answered the question and supplementaries by Claude Moraes and James Hugh Allister.

Question 51 lapsed as its author was absent.

John Purvis spoke on the conduct of Question Time.

Question 52 (Joachim Wuermeling): German visa scandal.

Franco Frattini answered the question and supplementaries by Ewa Klamt (deputising for the author) and Manfred Weber.

Question 53 lapsed as its author was absent.

Question 54 (Inger Segelström): Resettlement and refugee quota.

Franco Frattini answered the question and a supplementary by Inger Segelström.

Questions 55 to 94 would receive written answers.

Commission Question Time closed.

(The sitting was suspended at 19.10 and resumed at 21.00.)

(The sitting was suspended at 19.10 and resumed at 21.00.)

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

17.   Competitiveness of audiovisual and information services: Protection of minors and human dignity ***I (debate)

(debate)

Report on the proposal for a recommendation of the European Parliament and of the Council on the protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual and information services industry [COM(2004)0341 — C6-0029/2004 — 2004/0117 (COD)] — Committee on Culture and Education. Rapporteur: Marielle De Sarnez (A6-0244/2005)

Viviane Reding (Member of the Commission) spoke.

Marielle De Sarnez introduced the report.

The following spoke: Roberta Angelilli (draftsman of the opinion of the LIBE Committee), Vasco Graça Moura, on behalf of the PPE-DE Group, Christa Prets, on behalf of the PSE Group, Alfonso Andria, on behalf of the ALDE Group, Michael Cramer, on behalf of the Verts/ALE Group, Konrad Szymański, on behalf of the UEN Group, Manolis Mavrommatis, Nikolaos Sifunakis, Ljudmila Novak, Aloyzas Sakalas, Luis Herrero-Tejedor, Laima Liucija Andrikienė and Viviane Reding.

The debate closed.

Vote: Minutes of 07.09.2005, Item 4.8

Minutes of 07.09.2005, Item 4.8

18.   VAT: Simplifying obligations/VAT: One-stop scheme * (debate)

(debate)

Report:

| 1. | on the proposal for a Council directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations [COM(2004)0728 — C6-0024/2005 — 2004/0261(CNS)] |
| --- | --- |

1.

on the proposal for a Council directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations [COM(2004)0728 — C6-0024/2005 — 2004/0261(CNS)]

| 2. | on the proposal for a Council regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax [COM(2004)0728 — C6-0025/2005 — 2004/0262(CNS)] — Committee on Economic and Monetary Affairs. |
| --- | --- |

2.

on the proposal for a Council regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax [COM(2004)0728 — C6-0025/2005 — 2004/0262(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Zsolt László Becsey (A6-0228/2005).

László Kovács (Member of the Commission) spoke.

Zsolt László Becsey introduced the report.

The following spoke: Antolín Sánchez Presedo, on behalf of the PSE Group, Margarita Starkevičiūtė, on behalf of the ALDE Group, and László Kovács.

The debate closed.

Vote: Minutes of 07.09.2005, Item 4.10

Minutes of 07.09.2005, Item 4.10

19.   Medicinal products for paediatric use ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/83/EC and Regulation (EC) No 726/2004 [COM(2004)0599 — C6-0159/2004 — 2004/0217(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Françoise Grossetête (A6-0247/2005)

Günther Verheugen (Vice-President of the Commission) spoke.

Françoise Grossetête introduced the report.

The following spoke: Patrizia Toia (draftsman of the opinion of the ITRE Committee), John Bowis, on behalf of the PPE-DE Group, Dagmar Roth-Behrendt, on behalf of the PSE Group, Jules Maaten, on behalf of the ALDE Group, Hiltrud Breyer, on behalf of the Verts/ALE Group, Adamos Adamou, on behalf of the GUE/NGL Group, Johannes Blokland, on behalf of the IND/DEM Group, Irena Belohorská, Non-attached Member, Miroslav Mikolášik, Anne Ferreira, Mojca Drčar Murko, Carl Schlyter, Jiří Maštálka, Kathy Sinnott, Jan Tadeusz Masiel, Frederika Brepoels, Genowefa Grabowska, Marios Matsakis, Vittorio Agnoletto, Thomas Ulmer, Evangelia Tzampazi, Frédérique Ries, Richard Seeber, Dorette Corbey, Holger Krahmer, Alexander Stubb, Gyula Hegyi, Mia De Vits, Lasse Lehtinen and Günther Verheugen.

The debate closed.

Vote: Minutes of 07.09.2005, Item 4.9

Minutes of 07.09.2005, Item 4.9

20.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ 360.636/OJME).

21.   Closure of sitting

The sitting closed at 23.35.

Julian Priestley

Secretary-General

Gérard Onesta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Agnoletto, Allister, Alvaro, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Ashworth, Atkins, Attard-Montalto, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badia I Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belder, Belet, Belohorská, Bennahmias, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Bertinotti, Bielan, Birutis, Blokland, Bloom, Bobošíková, Böge, Bösch, Bonde, Bono, Bonsignore, Booth, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Mihael Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, Bullmann, van den Burg, Bushill-Matthews, Busk, Busquin, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carlotti, Carlshamre, Carnero González, Carollo, Casa, Casaca, Cashman, Caspary, Castex, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Cirino Pomicino, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Costa, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, D'Alema, Daul, Davies, de Brún, Degutis, Dehaene, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dionisi, Di Pietro, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Duquesne, Ebner, Ehler, Ek, El Khadraoui, Elles, Esteves, Estrela, Ettl, Eurlings, Jillian Evans, Jonathan Evans, Robert Evans, Fajmon, Falbr, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foglietta, Fontaine, Ford, Fotyga, Fourtou, Fraga Estévez, Frassoni, Freitas, Friedrich, Fruteau, Gahler, Gaľa, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gentvilas, Geremek, Geringer de Oedenberg, Gibault, Gierek, Giertych, Gklavakis, Glante, Glattfelder, Goebbels, Goepel, Golik, Gollnisch, Gomes, Gomolka, Goudin, Genowefa Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, de Grandes Pascual, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Guidoni, Gurmai, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Hannan, Harangozó, Harbour, Harkin, Hasse Ferreira, Hassi, Hatzidakis, Haug, Heaton-Harris, Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Howitt, Hudacký, Hudghton, Hughes, Hutchinson, Hybášková, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Jelko Kacin, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Karatzaferis, Karim, Kasoulides, Kaufmann, Tunne Kelam, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lavarra, Lax, Lechner, Le Foll, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Marine Le Pen, Fernand Le Rachinel, Lévai, Janusz Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liotard, Lipietz, Locatelli, Lombardo, Louis, Lucas, Lulling, Lundgren, Lynne, Maat, Maaten, McGuinness, McMillan-Scott, Madeira, Malmström, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Markov, Marques, Martens, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mastenbroek, Mathieu, Mato Adrover, Matsakis, Matsis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Montoro Romero, Moraes, Moreno Sánchez, Morgan, Morgantini, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, Niebler, van Nistelrooij, Novak, Obiols i Germà, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Pack, Borut Pahor, Paleckis, Pálfi, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papadimoulis, Papastamkos, Parish, Patrie, Peillon, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Piskorski, Pistelli, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poettering, Poignant, Pomés Ruiz, Portas, Posselt, Prets, Prodi, Purvis, Queiró, Rack, Radwan, Rapkay, Rasmussen, Remek, Reul, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salafranca Sánchez-Neyra, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savary, Savi, Sbarbati, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Schmidt, Ingo Schmitt, Pál Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schuth, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sousa Pinto, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stenzel, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Sumberg, Surján, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tannock, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Ulmer, Väyrynen, Vaidere, Vakalis, Valenciano Martínez-Orozco, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vaugrenard, Ventre, Vergnaud, Vidal-Quadras Roca, de Villiers, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wallis, Walter, Watson, Henri Weber, Manfred Weber, Weiler, Weisgerber, Whitehead, Whittaker, Wieland, Wiersma, Wijkman, Wise, von Wogau, Wohlin, Janusz Wojciechowski, Wortmann-Kool, Wuermeling, Wurtz, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Záborská, Zahradil, Zaleski, Zani, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

| + | adopted |
| --- | --- |
| - | rejected |
| ↓ | lapsed |
| W | withdrawn |
| RCV (..., ..., ...) | roll-call vote (for, against, abstentions) |
| EV (..., ..., ...) | electronic vote (for, against, abstentions) |
| split | split vote |
| sep | separate vote |
| am | amendment |
| CA | compromise amendment |
| CP | corresponding part |
| D | deleting amendment |
| = | identical amendments |
| § | paragraph |
| art | article |
| rec | recital |
| MOT | motion for a resolution |
| JT MOT | joint motion for a resolution |
| SEC | secret ballot |

+

adopted

-

rejected

↓

lapsed

W

withdrawn

RCV (..., ..., ...)

roll-call vote (for, against, abstentions)

EV (..., ..., ...)

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Request for consultation of the European Economic and Social Committee — Structure, items and framework for appraisal of the debate on the European Union

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Request for consultation of the Committee of the Regions — Structure, items and framework for appraisal of the debate on the European Union

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Protocol to the Euro-Mediterranean Agreement with Morocco, following enlargement ***

Report: Elmar BROK (A6-0219/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Protocol to the Euro-Mediterranean Agreement with Tunisia, following enlargement ***

Report: Elmar BROK (A6-0220/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   Protocol to the Euro-Mediterranean Agreement with Jordan, following enlargement ***

Report: Elmar BROK (A6-0221/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Common organisation of the market in raw tobacco *

Report: Joseph DAUL (A6-0233/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 463, 27, 68 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

463, 27, 68

Requests for roll-call votes

IND/DEM: final vote

PPE-DE: final vote

7.   Introduction to organic production of agricultural products and foodstuffs *

Report: Joseph DAUL (A6-0234/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Deployment and commercial operating phases of the European programme of satellite radionavigation ***I

Report: Etelka BARSI-PATAKY (A6-0212/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

Miscellaneous

Etelka Barsi-Pataky, the rapporteur, moved an oral amendment to delete ‘at 2004 prices’ in amendments 6, 7, 8 and 19. Parliament agreed to the oral amendment.

9.   Agreement between the EC and Lebanon on certain aspects of air services *

Report: Paolo COSTA (A6-0232/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   Agreement between the EC and Georgia on certain aspects of air services *

Report: Paolo COSTA (A6-0231/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

11.   Data on fishing activities, remote sensing *

Report: Paulo CASACA (A6-0238/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   EC-Albania Agreement on the readmission of persons residing without authorisation *

Report: Ewa KLAMT (A6-0214/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Access to Community external assistance *

Report: Michael GAHLER (A6-0239/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Management of waste from extractive industries ***II

Recommendation for second reading: Jonas SJÖSTEDT (A6-0236/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible
  —
  block vote | 3-4
  6-7
  9-10
  14
  16-25
  27
  29-39
  42-45 | committee | | + | |
| Amendments by the committee responsible
  —
  separate vote | 1 | committee | sep | - | |
| 2 | committee | sep | - | |
| 5 | committee | sep/EV | - | 341, 269, 7 |
| 8 | committee | sep/EV | + | 532, 91, 6 |
| 11 | committee | sep | - | |
| 12 | committee | sep | - | |
| 13 | committee | sep | - | |
| 15 | committee | sep | - | |
| 26 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 28 | committee | sep | - | |
| 40 | committee | sep | - | |
| 41 | committee | sep | - | |
| 46 | committee | sep | - | |
| 47 | committee | sep | - | |
| art 3, point 8 | 48=
  49=
  50= | PPE-DE
  PSE
  GUE/NGL | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible
  —
  block vote

3-4

6-7

9-10

14

16-25

27

29-39

42-45

committee

+

Amendments by the committee responsible
  —
  separate vote

1

committee

sep

-

2

committee

sep

-

5

committee

sep/EV

-

341, 269, 7

8

committee

sep/EV

+

532, 91, 6

11

committee

sep

-

12

committee

sep

-

13

committee

sep

-

15

committee

sep

-

26

committee

split

1

+

2

-

28

committee

sep

-

40

committee

sep

-

41

committee

sep

-

46

committee

sep

-

47

committee

sep

-

art 3, point 8

48=

49=

50=

PPE-DE

PSE

GUE/NGL

+

Requests for separate votes

PPE-DE: ams 1, 2, 5, 11, 12, 13, 15, 28, 40, 41, 46 and 47

IND/DEM: am 8

Requests for split votes

PSE

am 26

1st part: Text as a whole without the words ‘and the excavation void’.

2nd part: those words

15.   Progress Programme ***I

Report: Karin JÖNS (A6-0199/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible
  —
  block vote | 1-65
  68-72 | committee | | + | |
| art 17 § 1 | 73 | PPE-DE | EV | - | 309, 331, 8 |
| 66 | committee | | + | |
| art 17 § 2 | 74 | PPE-DE | | - | |
| 67 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible
  —
  block vote

1-65

68-72

committee

+

art 17 § 1

73

PPE-DE

EV

-

309, 331, 8

66

committee

+

art 17 § 2

74

PPE-DE

-

67

committee

+

vote: amended proposal

+

vote: legislative resolution

+

Miscellaneous

Mrs Járóka moved oral amendments to amendments 6 and 23, which were incorporated.

16.   Textiles and clothing after 2005

Report: Tokia SAÏFI (A6-0193/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| after § 2 | 13 | GUE/NGL | RCV | - | 122, 519, 10 |
| after § 4 | 14 | GUE/NGL | RCV | - | 162, 482, 7 |
| § 5 | § | original text | sep | + | |
| § 11 | 10 | GUE/NGL | split | | |
| 1/RCV | + | 408, 235, 10 |
| 2/RCV | - | 77, 556, 20 |
| after § 11 | 15 | GUE/NGL | | - | |
| after § 17 | 16 | Verts/ALE | | - | |
| 17 | Verts/ALE | | + | |
| § 21 | 3 | PPE-DE | | + | |
| § 22 | 4 | PPE-DE | | + | |
| § 23 | 8/rev | PPE-DE | | W | |
| 5 | PPE-DE | | + | |
| § 28 | 6 | PPE-DE | | + | |
| 11 | GUE/NGL | split | | |
| 1/RCV | - | 277, 363, 13 |
| 2/EV | - | 98, 534, 12 |
| § 33 | § | original text | sep | - | |
| § 43 | § | original text | sep | + | |
| § 44 | 7 | PPE-DE | | + | |
| after § 50 | 1 | Cottigny et al | RCV | - | 165, 408, 80 |
| rec B | 2 | PPE-DE | | + | |
| rec C | 9 | GUE/NGL | RCV | + | 503, 121, 26


  oral amendment |
| rec D | § | original text | sep | + | |
| after rec H | 12 | GUE/NGL | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 2

§

original text

split

1

+

2

+

3

+

after § 2

13

GUE/NGL

RCV

-

122, 519, 10

after § 4

14

GUE/NGL

RCV

-

162, 482, 7

§ 5

§

original text

sep

+

§ 11

10

GUE/NGL

split

1/RCV

+

408, 235, 10

2/RCV

-

77, 556, 20

after § 11

15

GUE/NGL

-

after § 17

16

Verts/ALE

-

17

Verts/ALE

+

§ 21

3

PPE-DE

+

§ 22

4

PPE-DE

+

§ 23

8/rev

PPE-DE

W

5

PPE-DE

+

§ 28

6

PPE-DE

+

11

GUE/NGL

split

1/RCV

-

277, 363, 13

2/EV

-

98, 534, 12

§ 33

§

original text

sep

-

§ 43

§

original text

sep

+

§ 44

7

PPE-DE

+

after § 50

1

Cottigny et al

RCV

-

165, 408, 80

rec B

2

PPE-DE

+

rec C

9

GUE/NGL

RCV

+

503, 121, 26

oral amendment

rec D

§

original text

sep

+

after rec H

12

GUE/NGL

-

vote: resolution (as a whole)

+

Amendments 18 and 19 had been cancelled.

Mr Guerreiro, on behalf of the GUE/NGL Group, moved the following oral amendment to amendment 9:

| ‘C. | Notes that the abolition of quotas in the textile and clothing sector
  could
  have harmful consequences ...’ (remainder unchanged). |
| --- | --- |

‘C.

Notes that the abolition of quotas in the textile and clothing sector
  could
  have harmful consequences ...’ (remainder unchanged).

Parliament agreed to the oral amendment.

Requests for roll-call votes

PSE: am 1

GUE/NGL: ams 9, 10, 11 first part, 13 and 14

Requests for split votes

PSE, GUE/NGL

am 11

1st part: Text as a whole without the words ‘including those which will be affected by the statistical effect’

2nd part: those words

am 10

1st part:‘Takes note of ... Chinese textile exports’

2nd part: remainder

Verts/ALE

§ 2

1st part: Text as a whole without the words ‘and comparable’ and ‘for large-scale textile and clothing producers’

2nd part:‘and comparable’

3rd part:‘for large-scale textile and clothing producers’

Requests for separate votes

GUE/NGL: rec D

Verts/ALE: §§ 5 and 43

PSE: § 33

Miscellaneous

The PPE-DE Group had withdrawn amendment 8/rev.

17.   Television without frontiers

Report: Henri WEBER (A5-0202/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 6 | 4 | PSE | RCV | - | 283, 358, 9 |
| § 18 | 5 | ALDE | | + | |
| § 27 | 6 | ALDE | | - | |
| after § 28 | 3 | PSE | EV | + | 348, 273, 9 |
| after § 35 | 2 | PSE | | + | |
| after § 39 | 7 | ALDE | | + | |
| § 42 | 8 | PPE-DE | | + | |
| after citation 3 | 9=
  1= | PPE-DE
  PSE | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 6

4

PSE

RCV

-

283, 358, 9

§ 18

5

ALDE

+

§ 27

6

ALDE

-

after § 28

3

PSE

EV

+

348, 273, 9

after § 35

2

PSE

+

after § 39

7

ALDE

+

§ 42

8

PPE-DE

+

after citation 3

9=

1=

PPE-DE

PSE

+

vote: resolution (as a whole)

+

Requests for roll-call votes

Verts/ALE: am 4

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Report: Daul A6-0233/2005

For: 463

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chiesa, Cocilovo, Cornillet, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duquesne, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: de Brún, Krarup, Liotard, Meijer, Portas, Sjöstedt, Svensson

IND/DEM: Belder, Blokland, Bonde, Borghezio, Coûteaux, Goudin, Louis, Lundgren, Salvini, Speroni, de Villiers, Wohlin

NI: Battilocchio, Belohorská, Claeys, Czarnecki Marek Aleksander, De Michelis, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Mussolini, Romagnoli, Rutowicz, Schenardi, Vanhecke

PPE-DE: Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brunetta, Carollo, Casa, Caspary, Cederschiöld, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lehne, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Nassauer, Niebler, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pieper, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Posselt, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Ulmer, Vakalis, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, Berlinguer, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Falbr, Fava, Fazakas, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Goebbels, Grabowska, Gröner, Gruber, Guy-Quint, Hamon, Hasse Ferreira, Hedh, Hedkvist Petersen, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Moreno Sánchez, Moscovici, Napoletano, Navarro, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Bielan, Didžiokas, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Ó Neachtain, Roszkowski, Szymański, Tatarella, Zīle

Verts/ALE: Aubert, Auken, Beer, Cramer, Evans Jillian, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Against: 27

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Markov, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Remek, Rizzo, Seppänen, Strož, Triantaphyllides, Wurtz

NI: Mote

PSE: Evans Robert, Haug, Howitt, Kuhne

Abstention: 68

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Giertych, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Baco, Bobošíková, Helmer, Kozlík

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Duchoň, Fajmon, Graça Moura, Harbour, Heaton-Harris, Jałowiecki, Kamall, Kirkhope, Landsbergis, McMillan-Scott, Ouzký, Parish, Purvis, Seeberg, Škottová, Stevenson, Strejček, Sumberg, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Andersson, van den Berg, Ettl, Honeyball, Moraes, Muscat, Myller, Segelström, Skinner, Stihler

UEN: Fotyga

Corrections to vote

| For: | John Attard-Montalto |
| --- | --- |
| Against: | Hélène Goudin, Nils Lundgren, Lars Wohlin |

For:

John Attard-Montalto

Against:

Hélène Goudin, Nils Lundgren, Lars Wohlin

2.   Report: Saïfi A6-0193/2005

For: 122

ALDE: Toia

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Borghezio, Giertych, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, Zapałowski

NI: Claeys, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Mölzer, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Salafranca Sánchez-Neyra, Ventre

PSE: Arif, Berès, Bono, Bourzai, Castex, Corbett, Cottigny, De Keyser, Désir, Douay, Ferreira Anne, Ferreira Elisa, Fruteau, Guy-Quint, Hamon, Kreissl-Dörfler, Laignel, Le Foll, Lienemann, Moscovici, Muscat, Navarro, Poignant, Roure, Savary, Scheele, Trautmann, Vaugrenard, Vergnaud, Weber Henri

Verts/ALE: Aubert, Beer, Bennahmias, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 519

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Karatzaferis, Knapman, Louis, Lundgren, Nattrass, Sinnott, Titford, de Villiers, Whittaker, Wise, Wohlin, Železný

NI: Allister, Battilocchio, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Helmer, Masiel, Rutowicz

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbey, Correia, D'Alema, De Rossa, Díez González, Dobolyi, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ford, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kristensen, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Myller, Napoletano, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Vincenzi, Walter, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Auken, Breyer

Abstention: 10

ALDE: Chiesa

GUE/NGL: Portas

NI: Baco, Belohorská, Kozlík, Mote

PSE: De Vits, El Khadraoui, Van Lancker

Verts/ALE: Schlyter

Corrections to vote

| For: | Marie-Arlette Carlotti |
| --- | --- |

For:

Marie-Arlette Carlotti

3.   Report: Saïfi A6-0193/2005

For: 162

ALDE: Chiesa, Fourtou, Toia

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Borghezio, Coûteaux, Giertych, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, Zapałowski

NI: Allister, Baco, Claeys, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Mölzer, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Audy, Daul, Descamps, De Veyrac, Florenz, Gaubert, Gauzès, Grossetête, Guellec, Mathieu, Saïfi, Salafranca Sánchez-Neyra, Sudre, Vlasto

PSE: Arif, Berès, Bono, Bourzai, Castex, Cottigny, Désir, De Vits, Douay, El Khadraoui, Ferreira Anne, Ferreira Elisa, Fruteau, Guy-Quint, Hamon, Hegyi, Kreissl-Dörfler, Laignel, Le Foll, Lienemann, Moscovici, Navarro, Peillon, Poignant, Reynaud, Roure, Savary, Schapira, Scheele, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri

UEN: Angelilli, Berlato, Bielan, Camre, Foglietta, Fotyga, Janowski, Kamiński, La Russa, Libicki, Muscardini, Pirilli, Roszkowski, Szymański, Tatarella

Verts/ALE: Aubert, Beer, Bennahmias, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 482

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Lundgren, Nattrass, Sinnott, Titford, de Villiers, Whittaker, Wise, Wohlin, Železný

NI: Battilocchio, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Helmer, Masiel, Rutowicz

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Dehaene, Demetriou, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Vernola, Vidal-Quadras Roca, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Bösch, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, D'Alema, De Keyser, De Rossa, Díez González, Dobolyi, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ford, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kristensen, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Muscat, Myller, Napoletano, Obiols i Germà, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Vincenzi, Walter, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Crowley, Didžiokas, Krasts, Kristovskis, Ó Neachtain, Vaidere, Zīle

Abstention: 7

IND/DEM: Goudin

NI: Belohorská, Kozlík, Mote

PPE-DE: Ventre

Verts/ALE: Auken, Breyer

Corrections to vote

| For: | Marie-Arlette Carlotti, Philippe de Villiers |
| --- | --- |

For:

Marie-Arlette Carlotti, Philippe de Villiers

4.   Report: Saïfi A6-0193/2005

For: 408

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Borghezio, Giertych, Grabowski, Karatzaferis, Krupa, Pęk, Salvini, Speroni, Tomczak, Zapałowski

NI: Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Masiel, Mölzer, Mussolini, Romagnoli, Rutowicz, Schenardi, Vanhecke

PPE-DE: Andrikienė, Antoniozzi, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Brunetta, Buzek, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Spautz, Šťastný, Stenzel, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Vatanen, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zwiefka

PSE: Arif, Berès, Bono, Bourzai, Carlotti, Castex, Christensen, Cottigny, Désir, De Vits, Douay, Ferreira Anne, Fruteau, Guy-Quint, Hamon, Herczog, Jørgensen, Kinnock, Kreissl-Dörfler, Kristensen, Laignel, Le Foll, Lienemann, Navarro, Patrie, Peillon, Poignant, Reynaud, Roure, Savary, Schapira, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri

UEN: Camre

Verts/ALE: Aubert, Beer, Bennahmias, Cohn-Bendit, Cramer, Evans Jillian, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 235

ALDE: Alvaro

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Coûteaux, Farage, Goudin, Knapman, Louis, Lundgren, Nattrass, Piotrowski, Rogalski, Sinnott, Titford, de Villiers, Whittaker, Wise, Wohlin, Železný

NI: Battilocchio, Bobošíková, De Michelis, Helmer

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Fajmon, Hannan, Harbour, Heaton-Harris, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Sartori, Seeberg, Škottová, Stevenson, Strejček, Stubb, Sturdy, Sumberg, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Corbett, Corbey, Correia, D'Alema, De Keyser, De Rossa, Díez González, Dobolyi, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ford, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Kósáné Kovács, Koterec, Krehl, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Tzampazi, Valenciano Martínez-Orozco, Vincenzi, Walter, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Auken, Breyer

Abstention: 10

GUE/NGL: Agnoletto

IND/DEM: Bonde

NI: Allister, Baco, Belohorská, Kozlík, Mote

PPE-DE: Ventre

PSE: Bullmann, Ferreira Elisa

Corrections to vote

| For: | Poul Nyrup Rasmussen |
| --- | --- |

For:

Poul Nyrup Rasmussen

5.   Report: Saïfi A6-0193/2005

For: 77

ALDE: Chiesa

GUE/NGL: Adamou, Bertinotti, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kohlíček, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Remek, Rizzo, Seppänen, Strož, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Borghezio, Giertych, Grabowski, Karatzaferis, Salvini, Speroni, Zapałowski

NI: Claeys, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Mölzer, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Bachelot-Narquin, Sartori

PSE: Arif, Berès, Bono, Bourzai, Carlotti, Castex, Cottigny, Désir, De Vits, Douay, Ferreira Anne, Fruteau, Guy-Quint, Hamon, Laignel, Le Foll, Lienemann, Moscovici, Navarro, Patrie, Peillon, Poignant, Reynaud, Roure, Savary, Schapira, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri

Against: 556

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Knapman, Krupa, Louis, Lundgren, Nattrass, Piotrowski, Rogalski, Sinnott, Titford, de Villiers, Whittaker, Wise, Wohlin, Železný

NI: Battilocchio, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Helmer, Masiel, Rutowicz

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, D'Alema, De Keyser, De Rossa, Díez González, Dobolyi, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ford, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Muscat, Myller, Napoletano, Obiols i Germà, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Vincenzi, Walter, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 20

GUE/NGL: Agnoletto, de Brún, Kaufmann, Krarup, Liotard, Meijer, Portas, Sjöstedt, Svensson

IND/DEM: Pęk

NI: Allister, Baco, Belohorská, Kozlík, Mote

PSE: Bullmann, Ferreira Elisa, Hegyi, Leichtfried

UEN: Didžiokas

6.   Report: Saïfi A6-0193/2005

For: 277

ALDE: Chiesa, Toia

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Borghezio, Coûteaux, Giertych, Grabowski, Karatzaferis, Krupa, Louis, Salvini, Speroni, de Villiers, Zapałowski

NI: Battilocchio, Claeys, De Michelis, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Mölzer, Mussolini, Romagnoli, Schenardi

PPE-DE: Dehaene, Dimitrakopoulos, Gklavakis, Hatzidakis, Kratsa-Tsagaropoulou, Mato Adrover, Matsis, Mavrommatis, Panayotopoulos-Cassiotou, Papastamkos, Samaras, Thyssen

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 363

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Goudin, Knapman, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Titford, Tomczak, Whittaker, Wise, Wohlin, Železný

NI: Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Helmer, Masiel, Rutowicz

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, Christensen, Hedh, Hedkvist Petersen, Ilves, Jørgensen, Kristensen, Segelström, Thomsen, Titley

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Auken

Abstention: 13

GUE/NGL: Krarup, Liotard, Meijer, Sjöstedt, Svensson

IND/DEM: Bonde

NI: Allister, Baco, Belohorská, Kozlík, Mote, Vanhecke

Verts/ALE: Schlyter

Corrections to vote

| Against: | Poul Nyrup Rasmussen |
| --- | --- |

Against:

Poul Nyrup Rasmussen

7.   Report: Saïfi A6-0193/2005

For: 165

ALDE: Cornillet, Deprez, Ries

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Giertych, Grabowski, Pęk, Zapałowski

NI: Battilocchio, Belohorská, De Michelis, Mussolini

PSE: Arif, Arnaoutakis, Attard-Montalto, Batzeli, Beglitis, Beňová, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Carlotti, Casaca, Castex, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hamon, Harangozó, Haug, Hegyi, Herczog, Hughes, Hutchinson, Kósáné Kovács, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Lienemann, Locatelli, Maňka, Martínez Martínez, Masip Hidalgo, Matsouka, Mikko, Moscovici, Muscat, Myller, Napoletano, Navarro, Paleckis, Panzeri, Patrie, Peillon, Pinior, Pittella, Poignant, Prets, Reynaud, Rosati, Rothe, Roure, Sakalas, dos Santos, Savary, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Sousa Pinto, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Xenogiannakopoulou

UEN: Camre

Verts/ALE: Bennahmias, Hassi, Joan i Marí, Kusstatscher, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schmidt, Schroedter, Trüpel

Against: 408

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Borghezio, Clark, Farage, Goudin, Karatzaferis, Knapman, Krupa, Lundgren, Nattrass, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Titford, Tomczak, Whittaker, Wise, Wohlin, Železný

NI: Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Masiel, Mölzer, Rutowicz, Schenardi, Vanhecke

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, van den Berg, Christensen, Evans Robert, Glante, Goebbels, Hedh, Hedkvist Petersen, Honeyball, Howitt, Ilves, Jørgensen, Kinnock, Kristensen, Kuc, Lehtinen, McAvan, Martin David, Mastenbroek, Moraes, Rapkay, Rasmussen, Rouček, Segelström, Skinner, Stihler, Thomsen, Titley, Whitehead, Wiersma, Wynn, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Auken, Breyer

Abstention: 80

ALDE: Cavada, Chiesa, Toia

IND/DEM: Coûteaux, Louis, de Villiers

NI: Allister, Baco, Kozlík, Mote, Romagnoli

PSE: Ayala Sender, Badía i Cutchet, Barón Crespo, Berlinguer, Calabuig Rull, Capoulas Santos, Carnero González, Cashman, Cercas, Correia, Díez González, Fazakas, García Pérez, Geringer de Oedenberg, Gierek, Gurmai, Hänsch, Hasse Ferreira, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Liberadzki, Madeira, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Obiols i Germà, Piecyk, Pleguezuelos Aguilar, Riera Madurell, Roth-Behrendt, Sacconi, Salinas García, Sánchez Presedo, Szejna, Valenciano Martínez-Orozco, Walter, Weiler, Yañez-Barnuevo García, Zani

Verts/ALE: Aubert, Beer, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Horáček, Hudghton, Isler Béguin, Jonckheer, Kallenbach, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Rühle, Smith, Staes, Turmes, Voggenhuber, Ždanoka

8.   Report: Saïfi A6-0193/2005

For: 503

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Cavada, Chiesa, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Griesbeck, Guardans Cambó, Hall, Harkin, Jäätteenmäki, Juknevičienė, Kacin, Karim, Laperrouze, Lax, Lehideux, Lynne, Matsakis, Morillon, Newton Dunn, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Remek, Rizzo, Seppänen, Strož, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Coûteaux, Giertych, Grabowski, Karatzaferis, Louis, Piotrowski, Salvini, Speroni, de Villiers, Zapałowski

NI: Battilocchio, Belohorská, Czarnecki Marek Aleksander, De Michelis, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Masiel, Mölzer, Mussolini, Romagnoli, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Brok, Brunetta, Buzek, Carollo, del Castillo Vera, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Friedrich, Gargani, Gaubert, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Koch, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Posselt, Queiró, Rack, Radwan, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Spautz, Šťastný, Stenzel, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zatloukal, Zimmerling, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Geringer de Oedenberg, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Camre, Pirilli

Verts/ALE: Beer, Bennahmias, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 121

ALDE: Alvaro, Busk, Carlshamre, Chatzimarkakis, Hennis-Plasschaert, in 't Veld, Jensen, Klinz, Krahmer, Maaten, Malmström, Manders, Mulder, Riis-Jørgensen, Samuelsen

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Goudin, Knapman, Krupa, Lundgren, Nattrass, Pęk, Rogalski, Titford, Tomczak, Whittaker, Wise, Wohlin, Železný

NI: Czarnecki Ryszard, Helmer, Rutowicz

PPE-DE: Ashworth, Atkins, Beazley, Böge, Bonsignore, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Casa, Caspary, Cederschiöld, Chichester, Deva, Dover, Doyle, Duchoň, Elles, Fajmon, Fjellner, Florenz, Gahler, Gaľa, García-Margallo y Marfil, Hannan, Harbour, Heaton-Harris, Hökmark, Hybášková, Ibrisagic, Kamall, Kirkhope, Konrad, McMillan-Scott, Montoro Romero, Nicholson, Ouzký, Parish, Pieper, Pomés Ruiz, Purvis, Seeberg, Škottová, Stevenson, Strejček, Stubb, Sturdy, Sumberg, Tannock, Van Orden, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: Christensen, Goebbels, Ilves, Jørgensen, Kristensen, Thomsen

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Roszkowski, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Auken

Abstention: 26

ALDE: Neyts-Uyttebroeck

GUE/NGL: Krarup, Liotard, Meijer, Portas, Sjöstedt, Svensson

IND/DEM: Bonde, Borghezio

NI: Allister, Baco, Bobošíková, Claeys, Dillen, Kozlík, Mote, Vanhecke

PPE-DE: Jałowiecki, Oomen-Ruijten, Zieleniec

PSE: Gierek, Rapkay, Titley

UEN: Fotyga

Verts/ALE: Aubert, Breyer

Corrections to vote

| For: | Cristiana Muscardini, Roberta Angelilli, Salvatore Tatarella, Sergio Berlato, Romano Maria La Russa |
| --- | --- |
| Against: | Poul Nyrup Rasmussen |

For:

Cristiana Muscardini, Roberta Angelilli, Salvatore Tatarella, Sergio Berlato, Romano Maria La Russa

Against:

Poul Nyrup Rasmussen

9.   Report: Weber A6-0202/2005

For: 283

ALDE: Chiesa, Toia

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Giertych, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Tomczak, de Villiers, Zapałowski

NI: Battilocchio, Belohorská, De Michelis, Mussolini

PPE-DE: Florenz, Toubon, Ventre, Wortmann-Kool

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Didžiokas, Krasts, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 358

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Laperrouze, Lax, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Nattrass, Sinnott, Titford, Whittaker, Wise, Železný

NI: Allister, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Masiel, Mölzer, Mote, Romagnoli, Rutowicz, Schenardi, Vanhecke

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Vatanen, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wijkman, von Wogau, Wojciechowski, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zimmerling, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Fotyga, Janowski, Kamiński, La Russa, Libicki, Muscardini, Ó Neachtain, Roszkowski, Szymański, Tatarella

Abstention: 9

IND/DEM: Borghezio, Goudin, Lundgren, Salvini, Speroni, Wohlin

NI: Baco, Kozlík

UEN: Kristovskis

---

TEXTS ADOPTED

P6_TA(2005)0308

Protocol to the Euro-Mediterranean Agreement with Morocco, following enlargement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (9649/2005 — COM(2004)0848 — C6-0200/2005 — 2004/0292(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0848) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0848) (1),

| — | having regard to the text of the Council (9649/2005), |
| --- | --- |

—

having regard to the text of the Council (9649/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence, and Article 310 of the EC Treaty (C6-0200/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence, and Article 310 of the EC Treaty (C6-0200/2005),

| — | having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0219/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0219/2005),

| 1. | Gives its assent to conclusion of the Protocol; |
| --- | --- |

1.

Gives its assent to conclusion of the Protocol;

| 2. | Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Kingdom of Morocco. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0309

Protocol to the Euro-Mediterranean Agreement with Tunisia, following enlargement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (9648/2005 — COM(2004)0736 — C6-0199/2005 — 2004/0265(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0736) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0736) (1),

| — | having regard to the text of the Council (9648/2005), |
| --- | --- |

—

having regard to the text of the Council (9648/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence, and Article 310 of the EC Treaty (C6-0199/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence, and Article 310 of the EC Treaty (C6-0199/2005),

| — | having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0220/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0220/2005),

| 1. | Gives its assent to conclusion of the Protocol; |
| --- | --- |

1.

Gives its assent to conclusion of the Protocol;

| 2. | Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Republic of Tunisia. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0310

Protocol to the Euro-Mediterranean Agreement with Jordan, following enlargement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (5092/2005 — COM(2004)0578 — C6-0202/2005 — 2004/0196(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0578) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0578) (1),

| — | having regard to the text of the Council (5092/2005), |
| --- | --- |

—

having regard to the text of the Council (5092/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence and Article 310 of the EC Treaty (C6-0202/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence and Article 310 of the EC Treaty (C6-0202/2005),

| — | having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0221/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0221/2005),

| 1. | Gives its assent to conclusion of the Protocol; |
| --- | --- |

1.

Gives its assent to conclusion of the Protocol;

| 2. | Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Hashemite Kingdom of Jordan. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Hashemite Kingdom of Jordan.

---

(1)  Not yet published in OJ.

P6_TA(2005)0311

Common organisation of the market in raw tobacco *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco (COM(2005) 0235 — C6-0193/2005 — 2005/0105(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0235) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0235) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0193/2005), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0193/2005),

| — | having regard to Rules 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0233/2005), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0233/2005),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0312

Introduction to organic production of agricultural products and foodstuffs *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (COM(2005)0194 — C6-0140/2005 — 2005/0094 (CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0194) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0194) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0140/2005), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0140/2005),

| — | having regard to Rules 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0234/2005), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0234/2005),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0313

Deployment and commercial operating phases of the European programme of satellite radionavigation ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the implementation of the deployment and commercial operating phases of the European programme of satellite radionavigation (COM(2004)0477 — C6-0087/2004 — 2004/0156(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0477) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0477) (1),

| — | having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0087/2004), |
| --- | --- |

—

having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0087/2004),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on Transport and Tourism (A6-0212/2005), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on Transport and Tourism (A6-0212/2005),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework; |
| --- | --- |

2.

Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework;

| 3. | Calls on the Commission, once the next multi-annual financial framework is adopted, to present, if appropriate a proposal to adjust the financial reference amount of the programme; |
| --- | --- |

3.

Calls on the Commission, once the next multi-annual financial framework is adopted, to present, if appropriate a proposal to adjust the financial reference amount of the programme;

| 4. | 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; |
| --- | --- |

4.

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;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2004)0156

Position of the European Parliament adopted at first reading on 6 September 2005 with a view to the adoption of Regulation (EC) No .../2005 of the European Parliament and of the Council on the implementation of the deployment and commercial operating phases of the European programme of satellite radionavigation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | European satellite radionavigation policy is presently implemented through the Galileo and EGNOS programmes. |
| --- | --- |

(1)

European satellite radionavigation policy is presently implemented through the Galileo and EGNOS programmes.

| (2) | Galileo is a programme aiming at establishing the first worldwide satellite radionavigation and positioning infrastructure specifically for civil purposes. |
| --- | --- |

(2)

Galileo is a programme aiming at establishing the first worldwide satellite radionavigation and positioning infrastructure specifically for civil purposes.

| (3) | EGNOS is a programme aiming at augmenting the American GPS and Russian Glonass signals to ensure reliability across a broad geographical area. It is independent from and complementary to Galileo. |
| --- | --- |

(3)

EGNOS is a programme aiming at augmenting the American GPS and Russian Glonass signals to ensure reliability across a broad geographical area. It is independent from and complementary to Galileo.

| (4) | The European Parliament, the Council and the European Economic and Social Committee have consistently given their full support to the Galileo programme. |
| --- | --- |

(4)

The European Parliament, the Council and the European Economic and Social Committee have consistently given their full support to the Galileo programme.

| (5) | The Galileo programme consists of a technology aiming at improving the everyday life of European citizens in various domains. In particular, it fits perfectly into the framework of transport policy as described in the Commission's White Paper, entitled ‘European transport policy for 2010: time to decide’, particularly as regards freight management, tarification of infrastructures and road safety. |
| --- | --- |

(5)

The Galileo programme consists of a technology aiming at improving the everyday life of European citizens in various domains. In particular, it fits perfectly into the framework of transport policy as described in the Commission's White Paper, entitled ‘European transport policy for 2010: time to decide’, particularly as regards freight management, tarification of infrastructures and road safety.

| (6) | This programme has been taken up as a priority project in the Growth Initiative proposed by the Commission and endorsed by the Council. It is also one of the main arms of the future European space programme as set out in the Commission's White Paper, entitled ‘Space: a new European frontier for an expanding Union — An action plan for implementing the European Space policy’. |
| --- | --- |

(6)

This programme has been taken up as a priority project in the Growth Initiative proposed by the Commission and endorsed by the Council. It is also one of the main arms of the future European space programme as set out in the Commission's White Paper, entitled ‘Space: a new European frontier for an expanding Union — An action plan for implementing the European Space policy’.

| (7) | The Galileo programme comprises a definition phase, a development phase, a deployment phase and a commercial operating phase.
  The deployment phase should start in 2006, and, after two years' overlap with the commercial operating phase, it should finish in 2010. The commercial operating phase should start in 2008, and the system should become fully operational in 2010. |
| --- | --- |

(7)

The Galileo programme comprises a definition phase, a development phase, a deployment phase and a commercial operating phase.
  The deployment phase should start in 2006, and, after two years' overlap with the commercial operating phase, it should finish in 2010. The commercial operating phase should start in 2008, and the system should become fully operational in 2010.

| (8) | The definition and development phases constitute the part of the programme dedicated to research and have received significant support from the Community Trans-European Network budget. |
| --- | --- |

(8)

The definition and development phases constitute the part of the programme dedicated to research and have received significant support from the Community Trans-European Network budget.

| (9) | Council Regulation (EC) No 2236/95 of18 September 1995
  laying down general rules for the granting of Community financial aid in the field of trans-European networks
   (3)
  established the rules for Community financial support for Community projects such as satellite navigation and positioning systems. |
| --- | --- |

(9)

Council Regulation (EC) No 2236/95 of18 September 1995
  laying down general rules for the granting of Community financial aid in the field of trans-European networks
   (3)
  established the rules for Community financial support for Community projects such as satellite navigation and positioning systems.

| (10) | Council Regulation (EC) No 876/2002 of 21 May 2002
   (4) created the Galileo Joint Undertaking to ensure the implementation of the development phase of the Galileo programme. |
| --- | --- |

(10)

Council Regulation (EC) No 876/2002 of 21 May 2002
   (4) created the Galileo Joint Undertaking to ensure the implementation of the development phase of the Galileo programme.

| (11) | Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radionavigation programmes

   (5)

  set up the European GNSS Supervisory Authority (hereinafter referred to as ‘the Supervisory Authority’
  ). |
| --- | --- |

(11)

Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radionavigation programmes

   (5)

  set up the European GNSS Supervisory Authority (hereinafter referred to as ‘the Supervisory Authority’
  ).

| (12) | In order to ensure the continuation of the programmes, it is necessary to secure the financing of the deployment and commercial operating phases. |
| --- | --- |

(12)

In order to ensure the continuation of the programmes, it is necessary to secure the financing of the deployment and commercial operating phases.

| (13) | In view of the Council's decision to limit to 1/3 the public contribution to the deployment phase and in light of the contributions already provided for in the current financial perspective, a Community contribution of EUR [500] million should be set aside for the deployment phase in the next financial perspective. |
| --- | --- |

(13)

In view of the Council's decision to limit to 1/3 the public contribution to the deployment phase and in light of the contributions already provided for in the current financial perspective, a Community contribution of EUR [500] million should be set aside for the deployment phase in the next financial perspective.

| (14) | Given the special nature of the market for satellite radionavigation services and the marketing of these services as well as the guaranteed provision of these services in the interest of the public sector, it will be necessary to provide some exceptional public financing during the first years of the commercial operating phase. Moreover, in its conclusions of 25-26 March 2002, and at its meeting of 8-9 March 2004, the Council specifically approved the use of Community funds to finance the commercial operating phase. The amount of Community funding required is expected to be in the region of EUR [500] million. |
| --- | --- |

(14)

Given the special nature of the market for satellite radionavigation services and the marketing of these services as well as the guaranteed provision of these services in the interest of the public sector, it will be necessary to provide some exceptional public financing during the first years of the commercial operating phase. Moreover, in its conclusions of 25-26 March 2002, and at its meeting of 8-9 March 2004, the Council specifically approved the use of Community funds to finance the commercial operating phase. The amount of Community funding required is expected to be in the region of EUR [500] million.

| (15) | It is therefore necessary to allocate a sum of EUR1 000 million from the Community budget to finance the deployment and the commercial operating phases of the
  programmes
  for the period 2007 to 2013,
  with its own budget line in the Community budget, thereby enabling the Budgetary Authority to link the funding to the meeting of deadlines for the various programme phases. |
| --- | --- |

(15)

It is therefore necessary to allocate a sum of EUR1 000 million from the Community budget to finance the deployment and the commercial operating phases of the
  programmes
  for the period 2007 to 2013,
  with its own budget line in the Community budget, thereby enabling the Budgetary Authority to link the funding to the meeting of deadlines for the various programme phases.

| (16) | In cases where financial guarantees in excess of the above mentioned budgetary allocation are to be undertaken by the Community either directly or indirectly, they should be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules. |
| --- | --- |

(16)

In cases where financial guarantees in excess of the above mentioned budgetary allocation are to be undertaken by the Community either directly or indirectly, they should be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules.

| (17) | In cases where liability commitments in excess of the above mentioned budgetary allocation are to be undertaken by the Community either directly or indirectly, they should be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules. |
| --- | --- |

(17)

In cases where liability commitments in excess of the above mentioned budgetary allocation are to be undertaken by the Community either directly or indirectly, they should be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules.

| (18) | During the deployment and commercial operating phases, the construction and, later, the management of the system will be entrusted to a private concession holder working under the supervision of the Supervisory Authority created by Regulation (EC) No 1321/2004. |
| --- | --- |

(18)

During the deployment and commercial operating phases, the construction and, later, the management of the system will be entrusted to a private concession holder working under the supervision of the Supervisory Authority created by Regulation (EC) No 1321/2004.

| (19) | A profit-sharing mechanism should be established in order to ensure the repayment of the Community contribution to the deployment and commercial operating phases. |
| --- | --- |

(19)

A profit-sharing mechanism should be established in order to ensure the repayment of the Community contribution to the deployment and commercial operating phases.

| (20) | The concession holder should be entitled to receive the revenues deriving from the exploitation of licences and intellectual property rights for system components, ownership of which should rest with the Supervisory Authority. |
| --- | --- |

(20)

The concession holder should be entitled to receive the revenues deriving from the exploitation of licences and intellectual property rights for system components, ownership of which should rest with the Supervisory Authority.

| (21) | The tasks of the Supervisory Authority include the management of funds
  allocated to the European satellite radionavigation
  programmes and the monitoring of the overall financial management of the programmes
  so as to optimise the use of the public money. In addition, the Supervisory Authority
  carries out such budgetary implementation tasks as are entrusted to it by the Commission in accordance with
  Article 54(2), point (b), of Council Regulation (EC, Euratom) No 1605/2002 of25 June 2002 on the financial regulation applicable to the
  general budget of the European Communities

   (6)

  . Taking into account the specific nature of the programmes, the European Parliament, in order to be able to fulfil its budgetary role, should have observer status on the Administrative Board of the Supervisory Authority. |
| --- | --- |

(21)

The tasks of the Supervisory Authority include the management of funds
  allocated to the European satellite radionavigation
  programmes and the monitoring of the overall financial management of the programmes
  so as to optimise the use of the public money. In addition, the Supervisory Authority
  carries out such budgetary implementation tasks as are entrusted to it by the Commission in accordance with
  Article 54(2), point (b), of Council Regulation (EC, Euratom) No 1605/2002 of25 June 2002 on the financial regulation applicable to the
  general budget of the European Communities

   (6)

  . Taking into account the specific nature of the programmes, the European Parliament, in order to be able to fulfil its budgetary role, should have observer status on the Administrative Board of the Supervisory Authority.

| (22) | The Commission proposal for a decision of the European Parliament and of the Council concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) provides for support to the European GNSS satellite navigation system. |
| --- | --- |

(22)

The Commission proposal for a decision of the European Parliament and of the Council concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) provides for support to the European GNSS satellite navigation system.

| (23) | The Commission proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) also provides for the involvement of small and medium-sized European enterprises in developing innovations with the support of Community funding, which will contribute to the development of the European GNSS satellite navigation system. |
| --- | --- |

(23)

The Commission proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) also provides for the involvement of small and medium-sized European enterprises in developing innovations with the support of Community funding, which will contribute to the development of the European GNSS satellite navigation system.

| (24) | The Galileo programme has now reached an advanced stage of maturity and goes well beyond the framework of a simple research project. It is thus necessary to provide it with a specific legal basis, better able to satisfy its needs and respond to the requirements of sound financial management. |
| --- | --- |

(24)

The Galileo programme has now reached an advanced stage of maturity and goes well beyond the framework of a simple research project. It is thus necessary to provide it with a specific legal basis, better able to satisfy its needs and respond to the requirements of sound financial management.

| (25) | Establishing such a satellite radionavigation infrastructure is a project which clearly exceeds the technical and financial capabilities of any Member State acting alone. The Galileo and EGNOS programmes thus fully meet the requirements of the subsidiarity principle since the Community level is the most appropriate level for action. This is an example of the added value that Europe can generate when it has clearly defined its objectives and resources. |
| --- | --- |

(25)

Establishing such a satellite radionavigation infrastructure is a project which clearly exceeds the technical and financial capabilities of any Member State acting alone. The Galileo and EGNOS programmes thus fully meet the requirements of the subsidiarity principle since the Community level is the most appropriate level for action. This is an example of the added value that Europe can generate when it has clearly defined its objectives and resources.

| (26) | This Regulation establishes, for the deployment and commercial operating phases of the
  programmes
  , a financial envelope constituting the main reference for the Budgetary Authority, in accorda nce with point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and the improvement of the budgetary procedure (7)
  , |
| --- | --- |

(26)

This Regulation establishes, for the deployment and commercial operating phases of the
  programmes
  , a financial envelope constituting the main reference for the Budgetary Authority, in accorda nce with point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and the improvement of the budgetary procedure (7)
  ,

HAVE ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the detailed arrangements for the Community's financial contribution to the deployment
  (2006-2010)
  and commercial operating
  (2008 onwards)
  phases of the European satellite radionavigation Galileo and EGNOS programmes (hereinafter referred to as ‘programmes’)

Article 2

The Community contribution to the
  programmes under
  this Regulation is granted with the aim of co-financing:

| (a) | activities related to the deployment phase, covering the construction and launch of satellites as well as the complete setting up of the terrestrial infrastructure; |
| --- | --- |

(a)

activities related to the deployment phase, covering the construction and launch of satellites as well as the complete setting up of the terrestrial infrastructure;

| (b) | if necessary,
  the first series of activities connected with the launch of the commercial operating phase, covering the management of the infrastructure, made up of satellites and associated ground stations, and the maintenance and updating of the system. |
| --- | --- |

(b)

if necessary,
  the first series of activities connected with the launch of the commercial operating phase, covering the management of the infrastructure, made up of satellites and associated ground stations, and the maintenance and updating of the system.

Article 3

The
  indicative
  financial
  framework
  necessary for the implementation of the actions envisaged in Article 2 of this Regulation
  is set at
  [EUR 1 000 million] for the period
  of 7 years as
  from 1 January 2007.

The annual appropriations are authorised by the Budgetary Authority within the limits of the relevant financial perspective.

Article 4

In cases where financial guarantees in excess of the budgetary allocation indicated in Article 3 are to be undertaken by the Community either directly or indirectly, including the concession contract, they shall be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules.

Article 5

In cases where liability commitments in excess of the budgetary allocation indicated in Article 3 are to be undertaken by the Community either directly or indirectly, including the concession contract, they shall be subject to approval by the European Parliament and the Council in accordance with the applicable budgetary rules.

Article 6

A profit-sharing mechanism shall be established in order to ensure the repayment of the Community contribution to the deployment and commercial operating phases.

Article 7

The concession holder shall be entitled to receive the revenues deriving from the exploitation of licences and intellectual property rights for system components, ownership of which shall rest with the Supervisory Authority.

Article 8

The Supervisory
  Authority ensures, in accordance with Article 54(2), point (b), of Regulation (EC, Euratom) No 1605/2002, and the requirements of
  Regulation (EC) No 1321/2004,
  the management and control of the use of Community funds allocated to the programmes.

Taking into account the specific nature of the programmes, the European Parliament, in order to be able to fulfil its budgetary role, shall have observer status on the Administrative Board of the Supervisory Authority.

The operational credits necessary for the financing of the Community contribution shall be granted to
  the Supervisory
  Authority, through an agreement, in accordance with the requirements of
  Article 2(1), point (g), of Regulation (EC) No 1321/2004. The Budgetary Authority shall be informed of the draft agreement before it is initialled.

The amount allocated under each annual agreement on financing shall be decided in the framework of the EU budgetary procedure, taking into account
  the work programme of the Supervisory Authority as approved by its Administrative Board, in accordance with the procedure laid down in Article 6 of
  Regulation (EC) No 1321
  /
  2004, and within the limits of the applicable Financial Perspective.

Each agreement shall stipulate in particular the general conditions for the management of the funds granted to the Supervisory Authority.

Article 9

The Commission shall ensure that, when actions financed under this Regulation are implemented by the Supervisory Authority, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95
   (8)
  , Council Regulation (Euratom, EC) No 2185/96 (9)
  and Regulation (EC) No 1073/1999 of the European Parliament and of the Council (10).

For the Community actions financed under this Regulation, the notion of irregularity referred to in Article 1 (2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by them, by an unjustified item of expenditure.

Contracts and agreements, as well as agreements with participating third countries, resulting from this Regulation shall provide in particular for supervision and financial control by the Supervisory Authority or the Commission, or any authorised representative of those bodies, and audits by the Court of Auditors, including, if necessary, on-the-spot audits.

Article 10

Every year, upon presentation of the preliminary draft budget, the
  Commission will
  present a
  report to the European Parliament and the Council
  on the implementation of the programmes. In 2007 a mid-term review shall be carried out in order to inform the European Parliament and the Council of the progress reached by that time.

Article 11

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 221, 8.9.2005, p. 28
  .

1

OJ C 221, 8.9.2005, p. 28

(2)  Position of the European Parliament of 6 September 2005.

2

Position of the European Parliament of 6 September 2005.

(3)  OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and the Council (OJ L 191, 22.7.2005, p. 16).

3

9

Regulation as last amended

(EC) No 1159/2005

(4)  OJ L 138, 28.5.2002, p. 1.

4

5

(5)  

  OJ L 246, 20.7.2004, p. 1

  .

5

OJ L 246, 20.7.2004, p. 1

(6)  OJ L 248, 16.9.2002, p. 1.

6

(7)  
  OJ C 172, 18.6.1999, p. 1
  .

7

OJ C 172, 18.6.1999, p. 1

(8)  OJ L 312, 23.12.1995, p. 1.

8

312, 23

(9)  OJ L 292, 15.11.1996, p. 2.

9

292, 15

(10)  OJ L 136, 31.5.1999, p. 1.

10

136, 31.5

P6_TA(2005)0314

Agreement between the EC and Lebanon on certain aspects of air services *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services (COM(2005)0062 — C6-0059/2005 — 2005/0012(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2005)0062) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2005)0062) (1),

| — | having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0059/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0059/2005),

| — | having regard to Rules 51 and 83(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0232/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0232/2005),

| 1. | Approves the conclusion of the agreement; |
| --- | --- |

1.

Approves the conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Lebanon. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0315

Agreement between the EC and Georgia on certain aspects of air services *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Georgia on certain aspects of air services (COM(2005)0061 — C6-0060/2005 — 2005/0009(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2005)0061) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2005)0061) (1),

| — | having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0060/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0060/2005),

| — | having regard to Rules 51 and 83(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0231/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0231/2005),

| 1. | Approves the conclusion of the agreement; |
| --- | --- |

1.

Approves the conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Georgia. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0316

Data on fishing activities, remote sensing *

European Parliment legislative resolution on the proposal for a Council regulation on electronic recording and reporting of fishing activities and on means of remote sensing (COM(2004)0724 — C6-0187/2004 — 2004/0252(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004)0724) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004)0724) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0187/2004), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0187/2004),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A6-0238/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A6-0238/2005),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 5 |
| (5) Pilot projects on electronic recording and reporting as well as on remote sensing have been carried out during recent years by Member States and other countries.
  They have proved to be valid and cost-effective
  . | (5) Pilot projects on electronic recording and reporting as well as on remote sensing have been carried out during recent years by Member States and other countries.
  Such methods of monitoring still require a series of adjustments before definitive conclusions can be reached as to their use
  . |
| Amendment 2 |
| Article 1, paragraph 1 |
| 1. The master of a Community fishing vessel shall record by electronic means information relating to fishing activities,
  which
  he is required to record in a logbook
  by Community legislation
  , and shall send
  it
  by electronic means to the competent authority. | 1. The master of a Community fishing vessel shall record by electronic means
  such
  information relating to fishing activities
  as
  he is required to record in a logbook
  under the provisions of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2)

  and shall send
  such information
  by electronic means to the competent authority
  /authorities. This procedure shall exempt the master of the vessel from any obligation to record such information on paper. |
| Amendment 3 |
| Article 1, paragraph 4a (new) |
| | 4a. Information gathered pursuant to the provisions of this Article shall be made available for scientific research, but such information shall not contain sensitive or secret commercial information, and confidentiality shall be ensured for all information electronically recorded and transmitted by the masters. |
| Amendment 4 |
| Article 2, paragraph 1a (new) |
| | 1a. Community Agencies may use the images in order to carry out their duties and shall share those images to the greatest extent possible. |
| Amendment 5 |
| Article 2, paragraph 2a (new) |
| | 2a. The Commission shall specify in a detailed financial table the source of the financing as well as the total costs and how those are shared between the Community and the Member States. |
| Amendment 6 |
| Article 2, paragraph 2b (new) |
| | 2b. The Community shall grant a financial assistance to national authorities and fishermen with a view to facilitating the purchase of equipment, its installation and special training. |
| Amendment 7 |
| Article 2, paragraph 2c (new) |
| | 2c. The Community shall extend the objectives and fields of use in a multipurpose approach in order to increase the efficiency of such a project and to take advantage of all the possibilities that this system offers. |
| Amendment 8 |
| Article 2a (new) |
| | Article 2a




  The Commission shall finance, jointly with the Member States, the costs relating to the installation of Vessel Monitoring Systems in vessels of more than 15 metres in length (overall) and to the sending of messages directly linked to the electronic logbook. |
| Amendment 9 |
| Article 3, subparagraph 1 |
| This Regulation shall enter into force on
  1 January 2006. | This Regulation shall enter into force on
  1 January 2008. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 5

(5) Pilot projects on electronic recording and reporting as well as on remote sensing have been carried out during recent years by Member States and other countries.
  They have proved to be valid and cost-effective
  .

(5) Pilot projects on electronic recording and reporting as well as on remote sensing have been carried out during recent years by Member States and other countries.
  Such methods of monitoring still require a series of adjustments before definitive conclusions can be reached as to their use
  .

Amendment 2

Article 1, paragraph 1

1. The master of a Community fishing vessel shall record by electronic means information relating to fishing activities,
  which
  he is required to record in a logbook
  by Community legislation
  , and shall send
  it
  by electronic means to the competent authority.

1. The master of a Community fishing vessel shall record by electronic means
  such
  information relating to fishing activities
  as
  he is required to record in a logbook
  under the provisions of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2)

  and shall send
  such information
  by electronic means to the competent authority
  /authorities. This procedure shall exempt the master of the vessel from any obligation to record such information on paper.

Amendment 3

Article 1, paragraph 4a (new)

4a. Information gathered pursuant to the provisions of this Article shall be made available for scientific research, but such information shall not contain sensitive or secret commercial information, and confidentiality shall be ensured for all information electronically recorded and transmitted by the masters.

Amendment 4

Article 2, paragraph 1a (new)

1a. Community Agencies may use the images in order to carry out their duties and shall share those images to the greatest extent possible.

Amendment 5

Article 2, paragraph 2a (new)

2a. The Commission shall specify in a detailed financial table the source of the financing as well as the total costs and how those are shared between the Community and the Member States.

Amendment 6

Article 2, paragraph 2b (new)

2b. The Community shall grant a financial assistance to national authorities and fishermen with a view to facilitating the purchase of equipment, its installation and special training.

Amendment 7

Article 2, paragraph 2c (new)

2c. The Community shall extend the objectives and fields of use in a multipurpose approach in order to increase the efficiency of such a project and to take advantage of all the possibilities that this system offers.

Amendment 8

Article 2a (new)

Article 2a

The Commission shall finance, jointly with the Member States, the costs relating to the installation of Vessel Monitoring Systems in vessels of more than 15 metres in length (overall) and to the sending of messages directly linked to the electronic logbook.

Amendment 9

Article 3, subparagraph 1

This Regulation shall enter into force on
  1 January 2006.

This Regulation shall enter into force on
  1 January 2008.

---

(1)  Not yet published in OJ.

(2)  

  OJ L 261, 20.10.1993, p. 1.

P6_TA(2005)0317

EC-Albania Agreement on the readmission of persons residing without authorisation *

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation (COM(2004)0092 — C6-0053/2005 — 2004/0033(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0092) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0092) (1),

| — | having regard to Article 63(3)(b) and 300(2), first subparagraph, second sentence of the EC Treaty, |
| --- | --- |

—

having regard to Article 63(3)(b) and 300(2), first subparagraph, second sentence of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0053/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0053/2005),

| — | having regard to Rules 51 and 83(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/2005), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/2005),

| 1. | Approves conclusion of the agreement; |
| --- | --- |

1.

Approves conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Albania. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0318

Access to Community External Assistance *

European Parliament legislative resolution on the proposal for a Council regulation on access to Community External Assistance (8977/2005 — C6-0156/2005 — 2005/0806(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Council text (8977/2005) (1), |
| --- | --- |

—

having regard to the Council text (8977/2005) (1),

| — | having regard to the initial Commission proposal to the European Parliament and the Council (COM (2004)0313) (1), |
| --- | --- |

—

having regard to the initial Commission proposal to the European Parliament and the Council (COM (2004)0313) (1),

| — | having been informed by the Council of its decision to split the initial proposal to the European Parliament and the Council, |
| --- | --- |

—

having been informed by the Council of its decision to split the initial proposal to the European Parliament and the Council,

| — | having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0156/2005), |
| --- | --- |

—

having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0156/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development (A6-0239/2005), |
| --- | --- |

—

having regard to the report of the Committee on Development (A6-0239/2005),

| 1. | Approves the Council text as amended; |
| --- | --- |

1.

Approves the Council text as amended;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

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 modify substantially the text submitted for consultation; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to modify substantially the text submitted for consultation;

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

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

| TEXT PROPOSED BY THE COUNCIL | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 1 |
| (1) The practice of tying the granting of aid, directly or indirectly, to the purchase of goods and services procured by means of that aid in the donor country reduces its effectiveness and is not coherent with a pro-poor development policy. The untying of aid is not an aim in itself, but should be used as a tool to cross-fertilise other elements in the fight against poverty such as ownership, regional integration and capacity building. | (1) The practice of tying the granting of aid, directly or indirectly, to the purchase of goods and services procured by means of that aid in the donor country reduces its effectiveness and is not coherent with a pro-poor development policy. The untying of aid is not an aim in itself, but should be used as a tool to cross-fertilise other elements in the fight against poverty such as ownership, regional integration and capacity building,
  with a focus on empowering local and regional suppliers of goods and services in developing countries. |
| Amendment 2 |
| Recital 6 |
| (6) On 4 September 2003, a Resolution from the European Parliament on the untying of aid (2) noted the need to further untie Community aid. It supported the modalities detailed in the afore-mentioned Communication and agreed to the options proposed. It highlighted the need for further debate towards more untying on the base of complementary studies and documented proposals. | (6) On 4 September 2003, a Resolution from the European Parliament on the untying of aid (3) noted the need to further untie Community aid. It supported the modalities detailed in the afore-mentioned Communication and agreed to the options proposed. It highlighted the need for further debate towards more untying on the base of complementary studies and documented proposals
  , and called explicitly for ‘a clear preference for local and regional cooperation, prioritising — in ranking order — suppliers from the recipient country, neighbouring developing countries and other developing countries’, in order to strengthen the efforts of the recipient countries to improve their own production at national, regional, local and family level, as well as actions aiming at improving the availability and accessibility to the public of foodstuffs and basic services, consistent with local habits and production and trading systems. |
| Amendment 3 |
| Recital 7 |
| (7) Several elements need to be addressed in order to define the access to Community External Assistance. The rules of eligibility defined the access of persons in Article 3. The rules of origin defined the access of supplies and materials purchased by eligible person in Article 4.
  The access of a specific category of persons is allowed in Article 3 under the condition of reciprocity
  . The definition and modalities of implementation of reciprocity are contained in Article 5. Derogations and their implementation are defined in Article 6. Specific provisions concerning the operations financed through an international organisation, a regional organisation, or co-financed with a third country, are defined in Article 7. | (7) Several elements need to be addressed in order to define the access to Community External Assistance. The rules of eligibility defined the access of persons in Article 3. The rules of origin defined the access of supplies and materials purchased
  and experts engaged
  by eligible persons in Article 4. The definition and modalities of implementation of reciprocity are contained in Article 5. Derogations and their implementation are defined in Article 6. Specific provisions concerning the operations financed through an international organisation, a regional organisation, or co-financed with a third country, are defined in Article 7. |
| Amendment 4 |
| Recital 8a (new) |
| | (8a) When awarding tenders under a Community instrument, special consideration will be given to respect for internationally agreed core labour standards of the International Labour Organization (ILO), e.g. the conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination with respect to employment and occupation, and abolition of child labour. |
| Amendment 5 |
| Recital 8b (new) |
| | (8b) When awarding tenders under a Community instrument, special consideration will be given to respect for the following internationally agreed environmental conventions: the Convention on Biological Diversity of 1992, the Cartagena Protocol on Biosafety of 2000 and the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 1997, |
| Amendment 6 |
| Article 3, paragraph 2 |
| (2) Participation in the award of procurement or grant contracts financed under a Community instrument with thematic scope, as defined in Annex I Part A, shall be open to all legal persons who are nationals of a developing
  or transition
  country, as defined by the Development Assistance Committee of the Organisation for Economic Co-operation and Development (OECD/DAC)
  lists
  , contained in
  the
  Annex II, in addition to those legal persons already eligible by virtue of the respective instrument. | (2) Participation in the award of procurement or grant contracts financed under a Community instrument with thematic scope, as defined in Annex I Part A, shall be open to all legal persons who are nationals of a developing country, as defined by the Development Assistance Committee of the Organisation for Economic Co-operation and Development (OECD/DAC)
  List
  contained in Annex II, in addition to those legal persons already eligible by virtue of the respective instrument. |
| Amendment 7 |
| Article 3, paragraph 3 |
| (3) Participation in the award of procurement or grant contracts financed under a Community instrument with geographical scope, as defined in Annex I Part B, shall be open to all legal persons who are nationals of a developing
  or transition
  country as defined by the OECD/DAC
  lists
  , contained in
  the
  Annex II, and which are expressly mentioned as eligible, as well as to those already mentioned as eligible by the respective instrument. | (3) Participation in the award of procurement or grant contracts financed under a Community instrument with geographical scope, as defined in Annex I Part B, shall be open to all legal persons who are nationals of a developing country as defined by the OECD/DAC
  List
  , contained in Annex II, and which are expressly mentioned as eligible, as well as to those already mentioned as eligible by the respective instrument. |
| Amendment 8 |
| Article 3, paragraph 5 |
| (5) The eligibility rules in this article do not apply to the experts proposed by tenderers taking part in the award of procurement contracts. Those experts can be of any nationality
  . | Deleted |
| Amendment 9 |
| Article 3a (new) |
| | Article 3a




  Experts




  All experts engaged by tenderers as defined in Articles 3 and 7 may be of any nationality. This Article is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules. |
| Amendment 10 |
| Article 4 |
| All supplies and materials purchased under a contract financed under a Community instrument must originate from the Community or from an eligible country as defined in
  Article
  3 herein. Origin for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes. | All supplies and materials purchased under a contract financed under a Community instrument must originate from the Community or from an eligible country as defined in
  Articles
  3
  and 6
  herein. Origin for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes. |
| Amendment 11 |
| Article 5, paragraph 1 |
| (1) Reciprocal access to
  EC
  external assistance shall be granted for a country falling under the scope of Article 3 (4), whenever such country grants eligibility on equal terms to the Member States of the European Union. | (1) Reciprocal access to
  the Community's
  external assistance shall be granted for a country falling under the scope of Article 3 (4), whenever such country grants eligibility on equal terms to the Member States of the European Union
  and to the recipient country concerned
  . |
| Amendment 12 |
| Article 5, paragraph 2 |
| (2) The granting of reciprocal access to
  EC
  external assistance shall be based on a comparison between the EU and other donors and shall
  be done at entire sector
  level, as defined by the OECD/DAC categories, or
  entire
  country level,
  either
  donor or recipient. The decision
  of granting
  this reciprocity to a donor country shall be based on the transparency, consistency and proportionality of the aid provided by that donor, including its qualitative and quantitative nature. | (2) The granting of reciprocal access to
  the Community's
  external assistance shall be based on a comparison between the EU and other donors and shall
  proceed at sectoral
  level, as defined by the OECD/DAC categories, or
  at
  country level,
  whether the country concerned is a
  donor or a recipient
  country
  . The decision
  to grant
  this reciprocity to a donor country shall be based on the transparency, consistency and proportionality of the aid provided by that donor, including its qualitative and quantitative nature. |
| Amendment 13 |
| Article 5, paragraph 3 |
| (3) Reciprocal access to
  EC
  external assistance shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with
  the
  Council Decision 1999/468/EC (4) under the procedures and relevant committee
  ruling the instrument
  concerned. Such a decision shall
  be in force
  for a minimum period of one year. | (3) Reciprocal access to
  the Community's
  external assistance shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with Council Decision 1999/468/EC (5) of 28 June 1999laying down the procedures for the exercise of implementing powers conferred on the Commission-under the procedures and relevant committee
  associated with the act
  concerned. Such a decision shall
  remain in force
  for a minimum period of one year. |
| Amendment 14 |
| Article 5, paragraph 4 |
| (4) Reciprocal access to
  EC
  external assistance shall be automatically granted
  in accordance with Point II a) of the 2001 Recommendations of the OECD/DAC on Untying of Official Development Assistance to the Least Developed Countries, refered in Annex IV,
  to the third countries listed in Annex III. | (4) Reciprocal access to
  the Community's
  external assistance
  in the Least Developed Countries as listed in Annex II
  shall be automatically granted to the third countries listed in Annex III. |
| Amendment 15 |
| Article 5, paragraph 5 |
| (5) The beneficiary countries
  ,
  shall be consulted
  to the maximum extent
  in the process described in paragraphs
  (1) to (3). | (5) The recipient countries shall be consulted in the process described in paragraphs
  1, 2 and 3. |
| Amendment 16 |
| Article 7, title |
| Operations involving international institutions or
  third countries | Operations involving international institutions or
  co-financing |
| Amendment 17 |
| Article 7, paragraph 1 |
| (1) Whenever Community funding covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are eligible according to the rules of such organisation, care being taken for guaranteeing equal treatment to all donors. The same rules apply for supplies
  and
  materials. | (1) Whenever Community funding covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are eligible according to the rules of such organisation, care being taken for guaranteeing equal treatment to all donors. The same rules shall apply for supplies
  ,
  materials
  and experts
  . |
| Amendment 18 |
| Article 7, paragraph 2 |
| (2) Whenever Community funding covers an operation cofinanced with a third country, subject to reciprocity as defined in Article 5, or with a regional organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are
  nationals
  of such third country
  or countries member of this
  regional organisation. The same rules apply for supplies
  and
  materials. | (2) Whenever Community funding covers an operation cofinanced with a third country, subject to reciprocity as defined in Article 5, or with a regional organisation,
  or with a Member State,
  participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are
  eligible under the rules
  of such
  a
  third country
  ,
  regional organisation
  or Member State
  . The same rules apply for supplies
  ,
  materials
  and experts
  . |
| Amendment 19 |
| Article 7, paragraph 3 |
| (3) The eligibility rules in this article do not apply to the experts proposed by tenderers taking part in the award of procurement contracts. Those experts can be of any country. | Deleted |
| Amendment 20 |
| Article 7a (new) |
| | Article 7a




  Respect for core principles and strengthening local markets




  (1) In order to accelerate the eradication of poverty through the promotion of local capacities, markets and purchases, special consideration shall be given to local and regional procurement in partner countries.




  (2) Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, e.g. the ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination with respect to employment and occupation, and abolition of child labour.




  (3) Access by developing countries to Community external assistance shall be enabled by all technical assistance deemed appropriate. |

TEXT PROPOSED BY THE COUNCIL

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 1

(1) The practice of tying the granting of aid, directly or indirectly, to the purchase of goods and services procured by means of that aid in the donor country reduces its effectiveness and is not coherent with a pro-poor development policy. The untying of aid is not an aim in itself, but should be used as a tool to cross-fertilise other elements in the fight against poverty such as ownership, regional integration and capacity building.

(1) The practice of tying the granting of aid, directly or indirectly, to the purchase of goods and services procured by means of that aid in the donor country reduces its effectiveness and is not coherent with a pro-poor development policy. The untying of aid is not an aim in itself, but should be used as a tool to cross-fertilise other elements in the fight against poverty such as ownership, regional integration and capacity building,
  with a focus on empowering local and regional suppliers of goods and services in developing countries.

Amendment 2

Recital 6

(6) On 4 September 2003, a Resolution from the European Parliament on the untying of aid (2) noted the need to further untie Community aid. It supported the modalities detailed in the afore-mentioned Communication and agreed to the options proposed. It highlighted the need for further debate towards more untying on the base of complementary studies and documented proposals.

(6) On 4 September 2003, a Resolution from the European Parliament on the untying of aid (3) noted the need to further untie Community aid. It supported the modalities detailed in the afore-mentioned Communication and agreed to the options proposed. It highlighted the need for further debate towards more untying on the base of complementary studies and documented proposals
  , and called explicitly for ‘a clear preference for local and regional cooperation, prioritising — in ranking order — suppliers from the recipient country, neighbouring developing countries and other developing countries’, in order to strengthen the efforts of the recipient countries to improve their own production at national, regional, local and family level, as well as actions aiming at improving the availability and accessibility to the public of foodstuffs and basic services, consistent with local habits and production and trading systems.

Amendment 3

Recital 7

(7) Several elements need to be addressed in order to define the access to Community External Assistance. The rules of eligibility defined the access of persons in Article 3. The rules of origin defined the access of supplies and materials purchased by eligible person in Article 4.
  The access of a specific category of persons is allowed in Article 3 under the condition of reciprocity
  . The definition and modalities of implementation of reciprocity are contained in Article 5. Derogations and their implementation are defined in Article 6. Specific provisions concerning the operations financed through an international organisation, a regional organisation, or co-financed with a third country, are defined in Article 7.

(7) Several elements need to be addressed in order to define the access to Community External Assistance. The rules of eligibility defined the access of persons in Article 3. The rules of origin defined the access of supplies and materials purchased
  and experts engaged
  by eligible persons in Article 4. The definition and modalities of implementation of reciprocity are contained in Article 5. Derogations and their implementation are defined in Article 6. Specific provisions concerning the operations financed through an international organisation, a regional organisation, or co-financed with a third country, are defined in Article 7.

Amendment 4

Recital 8a (new)

(8a) When awarding tenders under a Community instrument, special consideration will be given to respect for internationally agreed core labour standards of the International Labour Organization (ILO), e.g. the conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination with respect to employment and occupation, and abolition of child labour.

Amendment 5

Recital 8b (new)

(8b) When awarding tenders under a Community instrument, special consideration will be given to respect for the following internationally agreed environmental conventions: the Convention on Biological Diversity of 1992, the Cartagena Protocol on Biosafety of 2000 and the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 1997,

Amendment 6

Article 3, paragraph 2

(2) Participation in the award of procurement or grant contracts financed under a Community instrument with thematic scope, as defined in Annex I Part A, shall be open to all legal persons who are nationals of a developing
  or transition
  country, as defined by the Development Assistance Committee of the Organisation for Economic Co-operation and Development (OECD/DAC)
  lists
  , contained in
  the
  Annex II, in addition to those legal persons already eligible by virtue of the respective instrument.

(2) Participation in the award of procurement or grant contracts financed under a Community instrument with thematic scope, as defined in Annex I Part A, shall be open to all legal persons who are nationals of a developing country, as defined by the Development Assistance Committee of the Organisation for Economic Co-operation and Development (OECD/DAC)
  List
  contained in Annex II, in addition to those legal persons already eligible by virtue of the respective instrument.

Amendment 7

Article 3, paragraph 3

(3) Participation in the award of procurement or grant contracts financed under a Community instrument with geographical scope, as defined in Annex I Part B, shall be open to all legal persons who are nationals of a developing
  or transition
  country as defined by the OECD/DAC
  lists
  , contained in
  the
  Annex II, and which are expressly mentioned as eligible, as well as to those already mentioned as eligible by the respective instrument.

(3) Participation in the award of procurement or grant contracts financed under a Community instrument with geographical scope, as defined in Annex I Part B, shall be open to all legal persons who are nationals of a developing country as defined by the OECD/DAC
  List
  , contained in Annex II, and which are expressly mentioned as eligible, as well as to those already mentioned as eligible by the respective instrument.

Amendment 8

Article 3, paragraph 5

(5) The eligibility rules in this article do not apply to the experts proposed by tenderers taking part in the award of procurement contracts. Those experts can be of any nationality
  .

Deleted

Amendment 9

Article 3a (new)

Article 3a

Experts

All experts engaged by tenderers as defined in Articles 3 and 7 may be of any nationality. This Article is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.

Amendment 10

Article 4

All supplies and materials purchased under a contract financed under a Community instrument must originate from the Community or from an eligible country as defined in
  Article
  3 herein. Origin for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.

All supplies and materials purchased under a contract financed under a Community instrument must originate from the Community or from an eligible country as defined in
  Articles
  3
  and 6
  herein. Origin for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.

Amendment 11

Article 5, paragraph 1

(1) Reciprocal access to
  EC
  external assistance shall be granted for a country falling under the scope of Article 3 (4), whenever such country grants eligibility on equal terms to the Member States of the European Union.

(1) Reciprocal access to
  the Community's
  external assistance shall be granted for a country falling under the scope of Article 3 (4), whenever such country grants eligibility on equal terms to the Member States of the European Union
  and to the recipient country concerned
  .

Amendment 12

Article 5, paragraph 2

(2) The granting of reciprocal access to
  EC
  external assistance shall be based on a comparison between the EU and other donors and shall
  be done at entire sector
  level, as defined by the OECD/DAC categories, or
  entire
  country level,
  either
  donor or recipient. The decision
  of granting
  this reciprocity to a donor country shall be based on the transparency, consistency and proportionality of the aid provided by that donor, including its qualitative and quantitative nature.

(2) The granting of reciprocal access to
  the Community's
  external assistance shall be based on a comparison between the EU and other donors and shall
  proceed at sectoral
  level, as defined by the OECD/DAC categories, or
  at
  country level,
  whether the country concerned is a
  donor or a recipient
  country
  . The decision
  to grant
  this reciprocity to a donor country shall be based on the transparency, consistency and proportionality of the aid provided by that donor, including its qualitative and quantitative nature.

Amendment 13

Article 5, paragraph 3

(3) Reciprocal access to
  EC
  external assistance shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with
  the
  Council Decision 1999/468/EC (4) under the procedures and relevant committee
  ruling the instrument
  concerned. Such a decision shall
  be in force
  for a minimum period of one year.

(3) Reciprocal access to
  the Community's
  external assistance shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with Council Decision 1999/468/EC (5) of 28 June 1999laying down the procedures for the exercise of implementing powers conferred on the Commission-under the procedures and relevant committee
  associated with the act
  concerned. Such a decision shall
  remain in force
  for a minimum period of one year.

Amendment 14

Article 5, paragraph 4

(4) Reciprocal access to
  EC
  external assistance shall be automatically granted
  in accordance with Point II a) of the 2001 Recommendations of the OECD/DAC on Untying of Official Development Assistance to the Least Developed Countries, refered in Annex IV,
  to the third countries listed in Annex III.

(4) Reciprocal access to
  the Community's
  external assistance
  in the Least Developed Countries as listed in Annex II
  shall be automatically granted to the third countries listed in Annex III.

Amendment 15

Article 5, paragraph 5

(5) The beneficiary countries
  ,
  shall be consulted
  to the maximum extent
  in the process described in paragraphs
  (1) to (3).

(5) The recipient countries shall be consulted in the process described in paragraphs
  1, 2 and 3.

Amendment 16

Article 7, title

Operations involving international institutions or
  third countries

Operations involving international institutions or
  co-financing

Amendment 17

Article 7, paragraph 1

(1) Whenever Community funding covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are eligible according to the rules of such organisation, care being taken for guaranteeing equal treatment to all donors. The same rules apply for supplies
  and
  materials.

(1) Whenever Community funding covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are eligible according to the rules of such organisation, care being taken for guaranteeing equal treatment to all donors. The same rules shall apply for supplies
  ,
  materials
  and experts
  .

Amendment 18

Article 7, paragraph 2

(2) Whenever Community funding covers an operation cofinanced with a third country, subject to reciprocity as defined in Article 5, or with a regional organisation, participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are
  nationals
  of such third country
  or countries member of this
  regional organisation. The same rules apply for supplies
  and
  materials.

(2) Whenever Community funding covers an operation cofinanced with a third country, subject to reciprocity as defined in Article 5, or with a regional organisation,
  or with a Member State,
  participation in the appropriate contractual procedures shall be open to all legal persons who are eligible according to Article 3 as well as to all legal persons who are
  eligible under the rules
  of such
  a
  third country
  ,
  regional organisation
  or Member State
  . The same rules apply for supplies
  ,
  materials
  and experts
  .

Amendment 19

Article 7, paragraph 3

(3) The eligibility rules in this article do not apply to the experts proposed by tenderers taking part in the award of procurement contracts. Those experts can be of any country.

Deleted

Amendment 20

Article 7a (new)

Article 7a

Respect for core principles and strengthening local markets

(1) In order to accelerate the eradication of poverty through the promotion of local capacities, markets and purchases, special consideration shall be given to local and regional procurement in partner countries.

(2) Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, e.g. the ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination with respect to employment and occupation, and abolition of child labour.

(3) Access by developing countries to Community external assistance shall be enabled by all technical assistance deemed appropriate.

---

(1)  Not yet published in OJ.

(2)  A5/2003/190, Bulletin/2003/9, 1.6.64.

(3)  OJ C 76 E, 25.3.2004, p. 474.

(4)  OJ L 231, 29.8.2001.

(5)  OJ L 184, 17.7.1999, p. 23.

P6_TA(2005)0319

Management of waste from extractive industries ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC (16075/1/2004 — C6-0128/2005 — 2003/0107(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (16075/1/2004 — C6-0128/2005), |
| --- | --- |

—

having regard to the Council common position (16075/1/2004 — C6-0128/2005),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0319) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0319) (2),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 62 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0236/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0236/2005),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

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

---

(1)  Texts adopted, P5_TA(2004)0240.

(2)  Not yet published in OJ.

P6_TC2-COD(2003)0107

Position of the European Parliament adopted at second reading on 6 September 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty
   (3)
  ,

Whereas:

| (1) | The Communication of the Commission entitled ‘Safe operation of mining activities: a follow-up to recent mining accidents’ sets out as one of its priority actions an initiative to regulate the management of waste from the extractive industries. This action is designed to complement initiatives pursuant to Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (4) as well as the production of a best available technique document covering the management of waste rock and tailings from mining activities under the auspices of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5). |
| --- | --- |

(1)

The Communication of the Commission entitled ‘Safe operation of mining activities: a follow-up to recent mining accidents’ sets out as one of its priority actions an initiative to regulate the management of waste from the extractive industries. This action is designed to complement initiatives pursuant to Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (4) as well as the production of a best available technique document covering the management of waste rock and tailings from mining activities under the auspices of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5).

| (2) | In its Resolution of 5 July 2001
   (6) concerning that Communication, the European Parliament strongly supported the need for a Directive on waste from the extractive industries. |
| --- | --- |

(2)

In its Resolution of 5 July 2001
   (6) concerning that Communication, the European Parliament strongly supported the need for a Directive on waste from the extractive industries.

| (3) | Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (7) sets as the objective for waste that is still generated that the level of its hazardousness should be reduced and that it should present as little risk as possible, that preference should be given to recovery and especially to recycling, that the quantity of waste for disposal should be minimised and should be safely disposed of, and that waste intended for disposal should be treated as closely as possible to the place of its generation to the extent that this does not lead to a decrease in the efficiency of waste treatment operations. Decision No 1600/2002/EC also prescribes as a priority action, with reference to accidents and disasters, the development of measures to help prevent major accident hazards, with special regard to those arising from mining, and the development of measures on mining waste. Decision No 1600/2002/EC also sets as a priority action the promotion of sustainable management of extractive industries with a view to reducing their environmental impact. |
| --- | --- |

(3)

Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (7) sets as the objective for waste that is still generated that the level of its hazardousness should be reduced and that it should present as little risk as possible, that preference should be given to recovery and especially to recycling, that the quantity of waste for disposal should be minimised and should be safely disposed of, and that waste intended for disposal should be treated as closely as possible to the place of its generation to the extent that this does not lead to a decrease in the efficiency of waste treatment operations. Decision No 1600/2002/EC also prescribes as a priority action, with reference to accidents and disasters, the development of measures to help prevent major accident hazards, with special regard to those arising from mining, and the development of measures on mining waste. Decision No 1600/2002/EC also sets as a priority action the promotion of sustainable management of extractive industries with a view to reducing their environmental impact.

| (4) | In accordance with the objectives of Community policy on the environment, it is necessary to lay down minimum requirements in order to prevent or reduce as far as possible any adverse effects on the environment or on human health which are brought about as a result of the management of waste from the extractive industries, such as tailings (i.e. the waste solids or slurries that remain after the treatment of minerals by a number of techniques), waste rock and overburden (i.e. the material that extractive operations move during the process of accessing an ore or mineral body, including during the pre-production development stage), and topsoil (i.e. the upper layer of the ground) provided that they constitute waste as defined in Council Directive 75/442/EEC of 15 July 1975 on waste (8). |
| --- | --- |

(4)

In accordance with the objectives of Community policy on the environment, it is necessary to lay down minimum requirements in order to prevent or reduce as far as possible any adverse effects on the environment or on human health which are brought about as a result of the management of waste from the extractive industries, such as tailings (i.e. the waste solids or slurries that remain after the treatment of minerals by a number of techniques), waste rock and overburden (i.e. the material that extractive operations move during the process of accessing an ore or mineral body, including during the pre-production development stage), and topsoil (i.e. the upper layer of the ground) provided that they constitute waste as defined in Council Directive 75/442/EEC of 15 July 1975 on waste (8).

| (5) | In accordance with paragraph 24 of the Johannesburg Plan of Implementation on Sustainable Development adopted within the framework of the United Nations at the 2002 World Summit on Sustainable Development, it is necessary to protect the natural resource base of economic and social development and reverse the current trend in natural resource degradation by managing the natural resource base in a sustainable and integrated manner. |
| --- | --- |

(5)

In accordance with paragraph 24 of the Johannesburg Plan of Implementation on Sustainable Development adopted within the framework of the United Nations at the 2002 World Summit on Sustainable Development, it is necessary to protect the natural resource base of economic and social development and reverse the current trend in natural resource degradation by managing the natural resource base in a sustainable and integrated manner.

| (6) | Accordingly, this Directive should cover the management of waste from land-based extractive industries, that is to say, the waste arising from the prospecting, extraction (including the pre-production development stage), treatment and storage of mineral resources and from the working of quarries. However, such management should reflect the principles and priorities identified in Directive 75/ 442/EEC, which, in accordance with Article 2(1)(b)(ii) thereof, continues to apply to any aspects of the management of waste from the extractive industries which are not covered by this Directive. |
| --- | --- |

(6)

Accordingly, this Directive should cover the management of waste from land-based extractive industries, that is to say, the waste arising from the prospecting, extraction (including the pre-production development stage), treatment and storage of mineral resources and from the working of quarries. However, such management should reflect the principles and priorities identified in Directive 75/ 442/EEC, which, in accordance with Article 2(1)(b)(ii) thereof, continues to apply to any aspects of the management of waste from the extractive industries which are not covered by this Directive.

| (7) | In order to avoid duplication and disproportionate administrative requirements, the scope of this Directive should be limited to those particular operations considered to be a priority for the purposes of meeting its objectives. |
| --- | --- |

(7)

In order to avoid duplication and disproportionate administrative requirements, the scope of this Directive should be limited to those particular operations considered to be a priority for the purposes of meeting its objectives.

| (8) | Accordingly, the provisions of this Directive should not apply to those waste streams which, albeit generated in the course of mineral extraction or treatment operations, are not directly linked to the extraction or treatment process, e.g. food waste, waste oil, end-of-life vehicles, spent batteries and accumulators. The management of such waste should be subject to the provisions of Directive 75/ 442/EEC or of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (9) or any other relevant Community legislation, as is the case for waste generated at a prospecting, extraction or treatment site and transported to a location that is not a waste facility according to this Directive. |
| --- | --- |

(8)

Accordingly, the provisions of this Directive should not apply to those waste streams which, albeit generated in the course of mineral extraction or treatment operations, are not directly linked to the extraction or treatment process, e.g. food waste, waste oil, end-of-life vehicles, spent batteries and accumulators. The management of such waste should be subject to the provisions of Directive 75/ 442/EEC or of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (9) or any other relevant Community legislation, as is the case for waste generated at a prospecting, extraction or treatment site and transported to a location that is not a waste facility according to this Directive.

| (9) | Nor should this Directive apply to waste resulting from the offshore prospecting, extraction and treatment of mineral resources or to the injection of water and re-injection of pumped groundwater, while inert waste, non-hazardous prospecting waste, unpolluted soil and waste resulting from the extraction, treatment and storage of peat should be covered only by a limited set of requirements due to their lower environmental risks. For non-hazardous non-inert waste, Member States may reduce or waive certain requirements. However, these exemptions should not apply to Category A waste facilities. |
| --- | --- |

(9)

Nor should this Directive apply to waste resulting from the offshore prospecting, extraction and treatment of mineral resources or to the injection of water and re-injection of pumped groundwater, while inert waste, non-hazardous prospecting waste, unpolluted soil and waste resulting from the extraction, treatment and storage of peat should be covered only by a limited set of requirements due to their lower environmental risks. For non-hazardous non-inert waste, Member States may reduce or waive certain requirements. However, these exemptions should not apply to Category A waste facilities.

| (10) | Moreover, while covering the management of waste from the extractive industries which may be radioactive, this Directive should not cover such aspects as are specific to
  radioactivity. |
| --- | --- |

(10)

Moreover, while covering the management of waste from the extractive industries which may be radioactive, this Directive should not cover such aspects as are specific to
  radioactivity.

| (11) | In order to remain true to the principles and priorities identified in Directive 75/442/EEC and, in particular, in Articles 3 and 4 thereof, Member States should ensure that operators engaged in the extractive industry take all necessary measures to prevent or reduce as far as possible any negative effects, actual or potential, on the environment or on human health which are brought about as a result of the management of waste from the extractive industries. |
| --- | --- |

(11)

In order to remain true to the principles and priorities identified in Directive 75/442/EEC and, in particular, in Articles 3 and 4 thereof, Member States should ensure that operators engaged in the extractive industry take all necessary measures to prevent or reduce as far as possible any negative effects, actual or potential, on the environment or on human health which are brought about as a result of the management of waste from the extractive industries.

| (12) | These measures should be based, inter alia, on the concept of best available techniques as defined in Directive 96/61/EC and, when such techniques are applied, it is for the Member States to determine how the technical characteristics of the waste facility, its geographical location and local environmental conditions can, where appropriate, be taken into consideration. |
| --- | --- |

(12)

These measures should be based, inter alia, on the concept of best available techniques as defined in Directive 96/61/EC and, when such techniques are applied, it is for the Member States to determine how the technical characteristics of the waste facility, its geographical location and local environmental conditions can, where appropriate, be taken into consideration.

| (13) | Member States should ensure that operators in the extractive industry draw up appropriate waste management plans for the
  prevention,
  treatment, recovery and disposal of extractive waste. Such plans should be structured in such a way as to ensure appropriate planning of waste management options with a view to minimising waste generation and its harmfulness, and encouraging waste recovery. Moreover, waste from the extractive industries should be characterised with respect to its composition in order to ensure that, as far as possible, such waste reacts only in predictable ways. |
| --- | --- |

(13)

Member States should ensure that operators in the extractive industry draw up appropriate waste management plans for the
  prevention,
  treatment, recovery and disposal of extractive waste. Such plans should be structured in such a way as to ensure appropriate planning of waste management options with a view to minimising waste generation and its harmfulness, and encouraging waste recovery. Moreover, waste from the extractive industries should be characterised with respect to its composition in order to ensure that, as far as possible, such waste reacts only in predictable ways.

| (14) | In order to minimise the risk of accidents and to guarantee a high level of protection for the environment and human health, Member States should ensure that each operator of a Category A waste facility adopts and applies a major-accident prevention policy for waste. In terms of preventive measures, this should entail the delivery of a safety management system, emergency plans to be used in the event of accidents and the dissemination of safety information to persons likely to be affected by a major accident. In the event of an accident, operators should be required to provide the competent authorities with all the relevant information necessary to mitigate actual or potential environmental damage. These particular requirements should not apply to those waste facilities from the extractive industries falling within the scope of Directive 96/82/EC. |
| --- | --- |

(14)

In order to minimise the risk of accidents and to guarantee a high level of protection for the environment and human health, Member States should ensure that each operator of a Category A waste facility adopts and applies a major-accident prevention policy for waste. In terms of preventive measures, this should entail the delivery of a safety management system, emergency plans to be used in the event of accidents and the dissemination of safety information to persons likely to be affected by a major accident. In the event of an accident, operators should be required to provide the competent authorities with all the relevant information necessary to mitigate actual or potential environmental damage. These particular requirements should not apply to those waste facilities from the extractive industries falling within the scope of Directive 96/82/EC.

| (15) | A waste facility should not be classified in Category A solely on the basis of risks to the safety and health protection of workers in the extractive industries covered by other Community legislation, in particular Directives 92/91/EEC (10) and 92/104/EEC (11). |
| --- | --- |

(15)

A waste facility should not be classified in Category A solely on the basis of risks to the safety and health protection of workers in the extractive industries covered by other Community legislation, in particular Directives 92/91/EEC (10) and 92/104/EEC (11).

| (16) | Because of the special nature of the management of waste from the extractive industries, it is necessary to introduce specific application and permit procedures in respect of waste facilities used to receive such waste. In addition, Member States should take the necessary measures to ensure that the competent authorities periodically reconsider and, where necessary, update permit conditions. |
| --- | --- |

(16)

Because of the special nature of the management of waste from the extractive industries, it is necessary to introduce specific application and permit procedures in respect of waste facilities used to receive such waste. In addition, Member States should take the necessary measures to ensure that the competent authorities periodically reconsider and, where necessary, update permit conditions.

| (17) | Member States should be required to ensure that, in accordance with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the public are informed of the application for a waste management permit and the public concerned are consulted prior to the granting of a waste management permit. |
| --- | --- |

(17)

Member States should be required to ensure that, in accordance with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the public are informed of the application for a waste management permit and the public concerned are consulted prior to the granting of a waste management permit.

| (18) | It is necessary to indicate clearly the requirements with which waste facilities servicing the extractive industries should comply as regards location, management, control, closure and preventive and protective measures to be taken against any threat to the environment in the short and long-term perspectives, and more especially against the pollution of groundwater by leachate infiltration into the soil. |
| --- | --- |

(18)

It is necessary to indicate clearly the requirements with which waste facilities servicing the extractive industries should comply as regards location, management, control, closure and preventive and protective measures to be taken against any threat to the environment in the short and long-term perspectives, and more especially against the pollution of groundwater by leachate infiltration into the soil.

| (19) | It is necessary to define clearly Category A waste facilities used to service waste from the extractive industries, taking into account the likely effects of any pollution resulting from the operation of such a facility or from an accident in which waste escapes from such a facility. |
| --- | --- |

(19)

It is necessary to define clearly Category A waste facilities used to service waste from the extractive industries, taking into account the likely effects of any pollution resulting from the operation of such a facility or from an accident in which waste escapes from such a facility.

| (20) | Waste placed back into the excavation voids either for their rehabilitation or for construction purposes related to the mineral extraction process, such as the building or maintenance within voids of means of access for machinery, haulage ramps, bulkheads, safety barricades or berms, needs also to be subject to certain requirements in order to protect surface water and/or groundwater, secure the stability of such waste, and ensure appropriate monitoring upon cessation of such activities. Accordingly, such waste should not be subject to the requirements of this Directive which relate exclusively to ‘waste facilities’, except for the requirements mentioned in the specific provision on excavation voids. |
| --- | --- |

(20)

Waste placed back into the excavation voids either for their rehabilitation or for construction purposes related to the mineral extraction process, such as the building or maintenance within voids of means of access for machinery, haulage ramps, bulkheads, safety barricades or berms, needs also to be subject to certain requirements in order to protect surface water and/or groundwater, secure the stability of such waste, and ensure appropriate monitoring upon cessation of such activities. Accordingly, such waste should not be subject to the requirements of this Directive which relate exclusively to ‘waste facilities’, except for the requirements mentioned in the specific provision on excavation voids.

| (21) | With a view to ensuring the proper construction and maintenance of waste facilities servicing waste from the extractive industries, Member States should take appropriate measures to ensure that the design, location and management of such facilities is carried out by technically competent persons. It is necessary to ensure that the training and knowledge acquired by operators and staff afford them the necessary skills. In addition, competent authorities should satisfy themselves that operators ensure suitable arrangements with respect to the construction and maintenance of a new waste facility or to any extension or modification of an existing waste facility, including in the after-closure phase. |
| --- | --- |

(21)

With a view to ensuring the proper construction and maintenance of waste facilities servicing waste from the extractive industries, Member States should take appropriate measures to ensure that the design, location and management of such facilities is carried out by technically competent persons. It is necessary to ensure that the training and knowledge acquired by operators and staff afford them the necessary skills. In addition, competent authorities should satisfy themselves that operators ensure suitable arrangements with respect to the construction and maintenance of a new waste facility or to any extension or modification of an existing waste facility, including in the after-closure phase.

| (22) | It is necessary to establish monitoring procedures during the operation and after-closure of waste facilities. An after-closure period for monitoring and control of Category A waste facilities should be laid down proportionate to the risk posed by the individual waste facility, in a way similar to that required by Directive 1999/31/EC. |
| --- | --- |

(22)

It is necessary to establish monitoring procedures during the operation and after-closure of waste facilities. An after-closure period for monitoring and control of Category A waste facilities should be laid down proportionate to the risk posed by the individual waste facility, in a way similar to that required by Directive 1999/31/EC.

| (23) | It is necessary to define when and how a waste facility servicing the extractive industries should be closed and to set out the obligations and responsibilities to be met by the operator during the afterclosure period. |
| --- | --- |

(23)

It is necessary to define when and how a waste facility servicing the extractive industries should be closed and to set out the obligations and responsibilities to be met by the operator during the afterclosure period.

| (24) | Member States should require operators of the extractive industries to apply monitoring and management controls in order to prevent water and soil pollution and to identify any adverse effect that their waste facilities may have on the environment or on human health. In addition, for the purposes of minimising water pollution, the discharge of waste into any receiving body of water should
  be prohibited unless it is demonstrated a priori to
  comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (12). Furthermore, concentrations in tailings ponds of cyanide and cyanide compounds from certain extractive industries should, in view of their harmful and toxic effects, be reduced to the lowest possible levels, using best available techniques. Maximum concentration thresholds should be set accordingly and, in any case, in line with the specific requirements of this Directive to prevent such effects. |
| --- | --- |

(24)

Member States should require operators of the extractive industries to apply monitoring and management controls in order to prevent water and soil pollution and to identify any adverse effect that their waste facilities may have on the environment or on human health. In addition, for the purposes of minimising water pollution, the discharge of waste into any receiving body of water should
  be prohibited unless it is demonstrated a priori to
  comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (12). Furthermore, concentrations in tailings ponds of cyanide and cyanide compounds from certain extractive industries should, in view of their harmful and toxic effects, be reduced to the lowest possible levels, using best available techniques. Maximum concentration thresholds should be set accordingly and, in any case, in line with the specific requirements of this Directive to prevent such effects.

| (25) | The operator of a waste facility servicing the extractive industries should be required to lodge a financial guarantee or equivalent in accordance with procedures to be decided by the Member States ensuring that all the obligations flowing from the permit will be fulfilled, including those relating to the closure and after-closure of the site. The financial guarantee should be sufficient to cover the cost of rehabilitation of the
  land affected by a waste facility
  by a suitably qualified and independent third party. It is also necessary for such a guarantee to be provided prior to the commencement of deposition operations in the waste facility and to be periodically adjusted. In addition, in accordance with the polluter pays principle and with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (13), it is important to clarify that an operator of a waste facility servicing the extractive industries is subject to appropriate liability in respect of environmental damage caused by its operations or the imminent threat of such damage. |
| --- | --- |

(25)

The operator of a waste facility servicing the extractive industries should be required to lodge a financial guarantee or equivalent in accordance with procedures to be decided by the Member States ensuring that all the obligations flowing from the permit will be fulfilled, including those relating to the closure and after-closure of the site. The financial guarantee should be sufficient to cover the cost of rehabilitation of the
  land affected by a waste facility
  by a suitably qualified and independent third party. It is also necessary for such a guarantee to be provided prior to the commencement of deposition operations in the waste facility and to be periodically adjusted. In addition, in accordance with the polluter pays principle and with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (13), it is important to clarify that an operator of a waste facility servicing the extractive industries is subject to appropriate liability in respect of environmental damage caused by its operations or the imminent threat of such damage.

| (26) | In the case of the operation of waste facilities servicing the extractive industries that are likely to have significant adverse transboundary effects on the environment and any resultant risks to human health, in the territory of another Member State, there should be a common procedure in place to facilitate consultation among neighbouring countries. This should be done with a view to ensuring that there is an adequate exchange of information between authorities and that the public are duly informed of any such waste facilities that could have adverse effects for the environment of that other Member State. |
| --- | --- |

(26)

In the case of the operation of waste facilities servicing the extractive industries that are likely to have significant adverse transboundary effects on the environment and any resultant risks to human health, in the territory of another Member State, there should be a common procedure in place to facilitate consultation among neighbouring countries. This should be done with a view to ensuring that there is an adequate exchange of information between authorities and that the public are duly informed of any such waste facilities that could have adverse effects for the environment of that other Member State.

| (27) | It is necessary for Member States to ensure that competent authorities organise an effective system of inspections or equivalent control measures in respect of waste facilities servicing the extractive industries. Without prejudice to the obligations of the operator under the permit, prior to the commencement of deposition operations there should be an inspection to check that the permit conditions have been complied with. In addition, Member States should ensure that operators and their successors maintain up-to-date records relating to such waste facilities and that operators transfer to their successors information concerning the state of the waste facility and its operations. |
| --- | --- |

(27)

It is necessary for Member States to ensure that competent authorities organise an effective system of inspections or equivalent control measures in respect of waste facilities servicing the extractive industries. Without prejudice to the obligations of the operator under the permit, prior to the commencement of deposition operations there should be an inspection to check that the permit conditions have been complied with. In addition, Member States should ensure that operators and their successors maintain up-to-date records relating to such waste facilities and that operators transfer to their successors information concerning the state of the waste facility and its operations.

| (28) | Member States should send regular reports to the Commission on the implementation of this Directive, including information on accidents or near-accidents. On the basis of those reports, the Commission should report to the European Parliament and the Council. |
| --- | --- |

(28)

Member States should send regular reports to the Commission on the implementation of this Directive, including information on accidents or near-accidents. On the basis of those reports, the Commission should report to the European Parliament and the Council.

| (29) | Member States should lay down rules on penalties for infringement of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(29)

Member States should lay down rules on penalties for infringement of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

| (30) | It is necessary for Member States to ensure that an inventory of closed
  sites
  located on their territory
  is drawn up, since such sites often pose a very high environmental risk. The Member States and the Community have a responsibility for rehabilitating abandoned sites likely to cause serious negative environmental impacts. It should therefore be possible to use Structural Funds and other relevant Community funding in order to draw up inventories and implement measures to clean up such sites. |
| --- | --- |

(30)

It is necessary for Member States to ensure that an inventory of closed
  sites
  located on their territory
  is drawn up, since such sites often pose a very high environmental risk. The Member States and the Community have a responsibility for rehabilitating abandoned sites likely to cause serious negative environmental impacts. It should therefore be possible to use Structural Funds and other relevant Community funding in order to draw up inventories and implement measures to clean up such sites.

| (31) | The Commission should ensure an appropriate exchange of scientific and technical information on how to carry out an inventory of closed waste facilities at Member State level and on the development of methodologies to assist Member States in complying with this Directive when rehabilitating such facilities. Moreover, an exchange of information should be ensured within and between Member States on the best available techniques. |
| --- | --- |

(31)

The Commission should ensure an appropriate exchange of scientific and technical information on how to carry out an inventory of closed waste facilities at Member State level and on the development of methodologies to assist Member States in complying with this Directive when rehabilitating such facilities. Moreover, an exchange of information should be ensured within and between Member States on the best available techniques.

| (32) | This Directive could be a useful instrument to be taken into account when verifying that projects receiving Community funding in the context of development aid include the necessary measures to prevent or reduce as far as possible negative effects on the environment. Such an approach is consistent with Article 6 of the Treaty, particularly with regard to integrating environmental protection requirements into the Community's policy in the sphere of development cooperation. |
| --- | --- |

(32)

This Directive could be a useful instrument to be taken into account when verifying that projects receiving Community funding in the context of development aid include the necessary measures to prevent or reduce as far as possible negative effects on the environment. Such an approach is consistent with Article 6 of the Treaty, particularly with regard to integrating environmental protection requirements into the Community's policy in the sphere of development cooperation.

| (33) | The objective of this Directive, that is to say, improving the management of waste from the extractive industries, cannot be sufficiently achieved by the Member States acting alone because the mismanagement of such waste may cause pollution of a transboundary nature. Under the polluter pays principle it is necessary, inter alia, to take into account any damage to the environment caused by waste from the extractive industries, and different national applications of that principle may lead to substantial disparities in the financial burden on economic operators. Moreover, the existence of different national policies on the management of waste from the extractive industries hampers the aim of ensuring a minimum level of safe and responsible management of such waste and maximising its recovery throughout the Community. Therefore, since by reason of the scale and effects of this Directive, its objective can 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 Directive does not go beyond what is necessary in order to achieve this objective. |
| --- | --- |

(33)

The objective of this Directive, that is to say, improving the management of waste from the extractive industries, cannot be sufficiently achieved by the Member States acting alone because the mismanagement of such waste may cause pollution of a transboundary nature. Under the polluter pays principle it is necessary, inter alia, to take into account any damage to the environment caused by waste from the extractive industries, and different national applications of that principle may lead to substantial disparities in the financial burden on economic operators. Moreover, the existence of different national policies on the management of waste from the extractive industries hampers the aim of ensuring a minimum level of safe and responsible management of such waste and maximising its recovery throughout the Community. Therefore, since by reason of the scale and effects of this Directive, its objective can 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 Directive does not go beyond what is necessary in order to achieve this objective.

| (34) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (14). |
| --- | --- |

(34)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (14).

| (35) | The operation of waste facilities existing at the moment of transposition of this Directive should be regulated in order to take the necessary measures, within a specified period of time, for their adaptation to the requirements of this Directive. |
| --- | --- |

(35)

The operation of waste facilities existing at the moment of transposition of this Directive should be regulated in order to take the necessary measures, within a specified period of time, for their adaptation to the requirements of this Directive.

| (36) | In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (15), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public. |
| --- | --- |

(36)

In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (15), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.

| (37) | In view of the significance of this Directive for environmental protection, it is desirable that future Member States should already take it into account during the pre-accession phase and should apply it consistently from the date of their accession, |
| --- | --- |

(37)

In view of the significance of this Directive for environmental protection, it is desirable that future Member States should already take it into account during the pre-accession phase and should apply it consistently from the date of their accession,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive provides for measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment, in particular water, air, soil, fauna and flora and landscape, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries.

With a view to the consistent application of Article 6 of the Treaty, environmental protection requirements must be integrated into the implementation of Community policies and activities with a view to promoting sustainable development.

Article 2

Scope

1.   Subject to paragraphs 2 and 3, this Directive covers the management of waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries, hereinafter ‘extractive waste’.

2.   The following shall be excluded from the scope of this Directive:

| (a) | waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations; |
| --- | --- |

(a)

waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations;

| (b) | waste resulting from the offshore prospecting, extraction and treatment of mineral resources; |
| --- | --- |

(b)

waste resulting from the offshore prospecting, extraction and treatment of mineral resources;

| (c) | injection of water and re-injection of pumped groundwater as defined in the first and second indents of Article 11(3)(j) of Directive 2000/60/EC, to the extent authorised by that Article. |
| --- | --- |

(c)

injection of water and re-injection of pumped groundwater as defined in the first and second indents of Article 11(3)(j) of Directive 2000/60/EC, to the extent authorised by that Article.

3.   Inert waste and unpolluted soil resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries and waste resulting from the extraction, treatment and storage of peat shall not be subject to Articles 7, 8, 11(1) and (3), 12, 13(6), 14 and 16, unless deposited in a Category A waste facility.

The competent authority may reduce or waive the requirements for the deposit of non-hazardous waste generated from the prospecting of mineral resources, except oil and evaporites other than gypsum and anhydrite, as well as for the deposit of unpolluted soil and of waste resulting from the extraction, treatment and storage of peat as long as it is satisfied that the requirements of Article 4 are met.

Member States may reduce or waive the requirements of Articles 11(3), 12(5) and (6), 13(6), 14 and 16 for non-hazardous non-inert waste, unless deposited in a Category A waste facility.

4.   Without prejudice to other Community legislation, waste which falls within the scope of this Directive shall not be subject to Directive 1999/31/EC.

Article 3

Definitions

For the purposes of this Directive:

| 1) | ‘waste’is as defined in Article 1(a) of Directive 75/442/EEC; |
| --- | --- |

1)

‘waste’is as defined in Article 1(a) of Directive 75/442/EEC;

| 2) | ‘hazardous waste’is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste
   (16)
  ; |
| --- | --- |

2)

‘hazardous waste’is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste
   (16)
  ;

| 3) | ‘inert waste’ means waste that does not undergo any significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/or groundwater; |
| --- | --- |

3)

‘inert waste’ means waste that does not undergo any significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/or groundwater;

| 4) | ‘unpolluted soil’ means soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under the national law of the Member State where the site is located or under Community law; |
| --- | --- |

4)

‘unpolluted soil’ means soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under the national law of the Member State where the site is located or under Community law;

| 5) | ‘mineral resource’ or ‘mineral’ means a naturally occurring deposit in the earth's crust of an organic or inorganic substance, such as energy fuels, metal ores, industrial minerals and construction minerals, but excluding water; |
| --- | --- |

5)

‘mineral resource’ or ‘mineral’ means a naturally occurring deposit in the earth's crust of an organic or inorganic substance, such as energy fuels, metal ores, industrial minerals and construction minerals, but excluding water;

| 6) | ‘extractive industries’ means all establishments and undertakings engaged in surface or underground extraction of mineral resources for commercial purposes, including extraction by drilling boreholes, or treatment of the extracted material; |
| --- | --- |

6)

‘extractive industries’ means all establishments and undertakings engaged in surface or underground extraction of mineral resources for commercial purposes, including extraction by drilling boreholes, or treatment of the extracted material;

| 7) | ‘offshore’ means that area of the sea and seabed extending from the low water mark of ordinary or medium tides outwards; |
| --- | --- |

7)

‘offshore’ means that area of the sea and seabed extending from the low water mark of ordinary or medium tides outwards;

| 8) | ‘treatment’ means the mechanical, physical, biological, thermal or chemical process or combination of processes carried out on mineral resources, including from the working of quarries, with a view to extracting the mineral, including size change, classification, separation and leaching, and the re-processing of previously discarded waste, but excluding smelting, thermal manufacturing processes
  other than the burning of limestone, and
  metallurgical operations; |
| --- | --- |

8)

‘treatment’ means the mechanical, physical, biological, thermal or chemical process or combination of processes carried out on mineral resources, including from the working of quarries, with a view to extracting the mineral, including size change, classification, separation and leaching, and the re-processing of previously discarded waste, but excluding smelting, thermal manufacturing processes
  other than the burning of limestone, and
  metallurgical operations;

| 9) | ‘tailings’ means the waste solids or slurries that remain after the treatment of minerals by separation processes (e.g. crushing, grinding, size-sorting, flotation and other physico-chemical techniques) to remove the valuable minerals from the less valuable rock; |
| --- | --- |

9)

‘tailings’ means the waste solids or slurries that remain after the treatment of minerals by separation processes (e.g. crushing, grinding, size-sorting, flotation and other physico-chemical techniques) to remove the valuable minerals from the less valuable rock;

| 10) | ‘heap’ means an engineered facility for the deposit of solid waste on the surface; |
| --- | --- |

10)

‘heap’ means an engineered facility for the deposit of solid waste on the surface;

| 11) | ‘dam’ means an engineered structure designed to retain or confine water
  or
  waste within a pond; |
| --- | --- |

11)

‘dam’ means an engineered structure designed to retain or confine water
  or
  waste within a pond;

| 12) | ‘pond’ means a natural or engineered facility for disposing of fine-grained waste, normally tailings, along with varying amounts of free water, resulting from the treatment of mineral resources and from the clearing and recycling of process water; |
| --- | --- |

12)

‘pond’ means a natural or engineered facility for disposing of fine-grained waste, normally tailings, along with varying amounts of free water, resulting from the treatment of mineral resources and from the clearing and recycling of process water;

| 13) | ‘weak acid dissociable cyanide’ means cyanide and cyanide compounds that are dissociated with a weak acid at a defined pH; |
| --- | --- |

13)

‘weak acid dissociable cyanide’ means cyanide and cyanide compounds that are dissociated with a weak acid at a defined pH;

| 14) | ‘leachate’ means any liquid percolating through the deposited waste and emitted from or contained within a waste facility, including polluted drainage, which may adversely affect the environment if not appropriately treated; |
| --- | --- |

14)

‘leachate’ means any liquid percolating through the deposited waste and emitted from or contained within a waste facility, including polluted drainage, which may adversely affect the environment if not appropriately treated;

| 15) | ‘waste facility’ means any area designated for the accumulation or deposit of extractive waste, whether in a solid or liquid state or in solution or suspension, for the following time-periods:






  — | no time-period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan; |
| --- | --- | --- |

15)

‘waste facility’ means any area designated for the accumulation or deposit of extractive waste, whether in a solid or liquid state or in solution or suspension, for the following time-periods:

—

no time-period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan;

| — | a period of more than six months for facilities for hazardous waste generated unexpectedly; |
| --- | --- |

—

a period of more than six months for facilities for hazardous waste generated unexpectedly;

| — | a period of more than one year for facilities for non-hazardous non-inert waste; |
| --- | --- |

—

a period of more than one year for facilities for non-hazardous non-inert waste;

| — | a period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment and storage of peat and inert waste. |
| --- | --- |

—

a period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment and storage of peat and inert waste.

Such facilities are deemed to include any dam or other structure serving to contain, retain, confine or otherwise support such a facility, and also to include, but not be limited to, heaps and ponds, but excluding excavation voids into which waste is replaced, after extraction of the mineral, for rehabilitation and construction purposes;

| 16) | ‘major accident’ means an occurrence on site in the course of an operation involving the management of extractive waste in any establishment covered by this Directive, leading to a serious danger to human health and/or the environment, whether immediately or over time, on-site or off-site; |
| --- | --- |

16)

‘major accident’ means an occurrence on site in the course of an operation involving the management of extractive waste in any establishment covered by this Directive, leading to a serious danger to human health and/or the environment, whether immediately or over time, on-site or off-site;

| 17) | ‘dangerous substance’ means a substance, mixture or preparation which is dangerous within the meaning of Directive 67/548/EEC (17) or Directive 1999/45/EC (18); |
| --- | --- |

17)

‘dangerous substance’ means a substance, mixture or preparation which is dangerous within the meaning of Directive 67/548/EEC (17) or Directive 1999/45/EC (18);

| 18) | ‘best available techniques’ is as defined in Article 2(11) of Directive 96/61/EC; |
| --- | --- |

18)

‘best available techniques’ is as defined in Article 2(11) of Directive 96/61/EC;

| 19) | ‘receiving body of water’ means surface waters, groundwater, transitional waters and coastal water as defined in Article 2(1), (2), (6) and (7) of Directive 2000/60/EC, respectively; |
| --- | --- |

19)

‘receiving body of water’ means surface waters, groundwater, transitional waters and coastal water as defined in Article 2(1), (2), (6) and (7) of Directive 2000/60/EC, respectively;

| 20) | ‘rehabilitation’ means the treatment of the land affected by a waste facility in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wild life, natural habitats, freshwater systems, landscape and appropriate beneficial uses; |
| --- | --- |

20)

‘rehabilitation’ means the treatment of the land affected by a waste facility in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wild life, natural habitats, freshwater systems, landscape and appropriate beneficial uses;

| 21) | ‘prospecting’ means the search for mineral deposits of economic value, including sampling, bulk sampling, drilling and trenching, but excluding any works required for the development of such deposits, and any activities directly associated with an existing extractive operation; |
| --- | --- |

21)

‘prospecting’ means the search for mineral deposits of economic value, including sampling, bulk sampling, drilling and trenching, but excluding any works required for the development of such deposits, and any activities directly associated with an existing extractive operation;

| 22) | ‘the public’ means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups; |
| --- | --- |

22)

‘the public’ means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;

| 23) | ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the environmental decision-making under Articles 6 and 7 of this Directive; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirement under national law shall be deemed to have such an interest; |
| --- | --- |

23)

‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the environmental decision-making under Articles 6 and 7 of this Directive; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirement under national law shall be deemed to have such an interest;

| 24) | ‘operator’ means the natural or legal person responsible for the management of extractive waste, in accordance with the national law of the Member State in which waste management takes place, including in respect of temporary storage of extractive waste as well as the operational and the after-closure phases; |
| --- | --- |

24)

‘operator’ means the natural or legal person responsible for the management of extractive waste, in accordance with the national law of the Member State in which waste management takes place, including in respect of temporary storage of extractive waste as well as the operational and the after-closure phases;

| 25) | ‘waste holder’ means the producer of the extractive waste or the natural or legal person who is in possession of it; |
| --- | --- |

25)

‘waste holder’ means the producer of the extractive waste or the natural or legal person who is in possession of it;

| 26) | ‘competent person’ means a natural person who has the technical knowledge and experience, as defined by the national law of the Member State in which the person operates, to perform the duties arising from this Directive; |
| --- | --- |

26)

‘competent person’ means a natural person who has the technical knowledge and experience, as defined by the national law of the Member State in which the person operates, to perform the duties arising from this Directive;

| 27) | ‘competent authority’ means the authority or authorities which a Member State designates as responsible for performing the duties arising from this Directive; |
| --- | --- |

27)

‘competent authority’ means the authority or authorities which a Member State designates as responsible for performing the duties arising from this Directive;

| 28) | ‘site’ means all land at a distinct geographic location under the management control of an operator; |
| --- | --- |

28)

‘site’ means all land at a distinct geographic location under the management control of an operator;

| 29) | ‘substantial change’ means a change in the structure or operation of a waste facility that, in the opinion of the competent authority, may have significant negative effects on human health or the environment. |
| --- | --- |

29)

‘substantial change’ means a change in the structure or operation of a waste facility that, in the opinion of the competent authority, may have significant negative effects on human health or the environment.

Article 4

General requirements

1.   Member States shall take the necessary measures to ensure that extractive waste is managed without endangering human health and without using processes or methods which could harm the environment, and in particular without risk to water, air, soil and fauna and flora, without causing a nuisance through noise or odours and without adversely affecting the landscape or places of special interest. Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled depositing of extractive waste.

2.   Member States shall ensure that the operator takes all measures necessary to prevent or reduce as far as possible any adverse effects on the environment and human health brought about as a result of the management of extractive waste. This includes the management of any waste facility, also after its closure, and the prevention of major accidents involving that facility and the limiting of their consequences for the environment and human health.

3.   The measures referred to in paragraph 2 shall be based, inter alia, on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the waste facility, its geographical location and the local environmental conditions.

Article 5

Waste management plan

1.   Member States shall ensure that the operator draws up a waste management plan for the minimisation, treatment, recovery and disposal of extractive waste
  , taking account of the principle of sustainable development
  .

2.   The objectives of the waste management plan shall be:

| (a) | to prevent or reduce waste production and its harmfulness, in particular by considering:






  (i) | waste management
  options
  in the design phase and in the choice of the method used for mineral extraction and treatment; |
| --- | --- | --- |

(a)

to prevent or reduce waste production and its harmfulness, in particular by considering:

(i)

waste management
  options
  in the design phase and in the choice of the method used for mineral extraction and treatment;

| (ii) | the changes that the extractive waste may undergo in relation to an increase in surface area and exposure to conditions above ground; |
| --- | --- |

(ii)

the changes that the extractive waste may undergo in relation to an increase in surface area and exposure to conditions above ground;

| (iii) | placing extractive waste back into the excavation void after extraction of the mineral, as far as is technically and economically feasible and environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant; |
| --- | --- |

(iii)

placing extractive waste back into the excavation void after extraction of the mineral, as far as is technically and economically feasible and environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant;

| (iv) | putting topsoil back in place after the closure of the waste facility or, if this is not practically feasible, reusing topsoil elsewhere; |
| --- | --- |

(iv)

putting topsoil back in place after the closure of the waste facility or, if this is not practically feasible, reusing topsoil elsewhere;

| (v) | using less dangerous substances for the treatment of mineral resources; |
| --- | --- |

(v)

using less dangerous substances for the treatment of mineral resources;

| (b) | to encourage the recovery of extractive waste by means of recycling, reusing or reclaiming such waste, where this is environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant; |
| --- | --- |

(b)

to encourage the recovery of extractive waste by means of recycling, reusing or reclaiming such waste, where this is environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant;

| (c) | to ensure short and long-term safe disposal of the extractive waste, in particular by considering, during the design phase, management during the operation and after-closure of a waste facility and by choosing a design which
  prevents or at least minimises any long-term negative effects attributable to migration of airborne or aquatic pollutants from the waste facility, and to ensure the long-term geotechnical stability of any dams or heaps rising above the pre-existing ground surface
  . |
| --- | --- |

(c)

to ensure short and long-term safe disposal of the extractive waste, in particular by considering, during the design phase, management during the operation and after-closure of a waste facility and by choosing a design which
  prevents or at least minimises any long-term negative effects attributable to migration of airborne or aquatic pollutants from the waste facility, and to ensure the long-term geotechnical stability of any dams or heaps rising above the pre-existing ground surface
  .

3.   The waste management plan shall contain at least the following elements:

| (a) | where applicable, the proposed classification for the waste facility in accordance with the criteria laid down in Annex III:






  — | where a Category A waste facility is required, a document demonstrating that a major-accident prevention policy, a safety management system for implementing it and an internal emergency plan will be put into effect in accordance with Article 6(3); |
| --- | --- | --- |

(a)

where applicable, the proposed classification for the waste facility in accordance with the criteria laid down in Annex III:

—

where a Category A waste facility is required, a document demonstrating that a major-accident prevention policy, a safety management system for implementing it and an internal emergency plan will be put into effect in accordance with Article 6(3);

| — | when the operator considers that a Category A waste facility is not required, sufficient information justifying this, including an identification of possible accident hazards; |
| --- | --- |

—

when the operator considers that a Category A waste facility is not required, sufficient information justifying this, including an identification of possible accident hazards;

| (b) | waste characterisation in accordance with Annex II and a statement of the estimated total quantities of extractive waste to be produced during the operational phase; |
| --- | --- |

(b)

waste characterisation in accordance with Annex II and a statement of the estimated total quantities of extractive waste to be produced during the operational phase;

| (c) | a description of the operation generating such waste and of any subsequent treatment to which it is subject; |
| --- | --- |

(c)

a description of the operation generating such waste and of any subsequent treatment to which it is subject;

| (d) | a description of how the environment and human health may be adversely affected by the deposit of such waste and the preventive measures to be taken in order to minimise environmental impact during operation and after closure, including the aspects referred to in Article 11(2) (a), (b), (d) and (e); |
| --- | --- |

(d)

a description of how the environment and human health may be adversely affected by the deposit of such waste and the preventive measures to be taken in order to minimise environmental impact during operation and after closure, including the aspects referred to in Article 11(2) (a), (b), (d) and (e);

| (e) | the proposed control and monitoring procedures pursuant to Articles 10, when applicable, and 11(2)(c); |
| --- | --- |

(e)

the proposed control and monitoring procedures pursuant to Articles 10, when applicable, and 11(2)(c);

| (f) | the proposed plan for closure, including rehabilitation, after-closure procedures and monitoring as provided for in Article 12; |
| --- | --- |

(f)

the proposed plan for closure, including rehabilitation, after-closure procedures and monitoring as provided for in Article 12;

| (g) | measures for the
  prevention of
  water status deterioration, air and soil pollution pursuant to Article 13; |
| --- | --- |

(g)

measures for the
  prevention of
  water status deterioration, air and soil pollution pursuant to Article 13;

| (h) | prior to commencement of waste management operations, a quantitative appraisal of the condition of the land which might be affected by a waste facility in order to establish the minimum criteria to provide for ‘a satisfactory state’ when carrying out rehabilitation. |
| --- | --- |

(h)

prior to commencement of waste management operations, a quantitative appraisal of the condition of the land which might be affected by a waste facility in order to establish the minimum criteria to provide for ‘a satisfactory state’ when carrying out rehabilitation.

The waste management plan shall provide sufficient information to enable the competent authority to evaluate the operator's ability to meet the objectives of the waste management plan as set out in paragraph 2 and his obligations under this Directive.
  The plan shall explain, in particular, how the option and method chosen as mentioned in paragraph 2(a)(i) will fulfil the objectives of the waste management plan as laid down in paragraph 2(a).

4.   The waste management plan shall be reviewed every five years and/or amended, as appropriate, in the event of substantial changes to the operation of the waste facility or to the waste deposited. Any amendments shall be notified to the competent authority.

5.   Plans produced pursuant to other national or Community legislation and containing the information specified in paragraph 3 may be used where this obviates the unnecessary duplication of information and the repetition of work by the operator, on condition that all requirements under paragraphs 1 to 4 are met.

6.   The competent authority shall approve the waste management plan on the basis of procedures to be decided by the Member States and shall monitor its implementation.

Article 6

Major-accident prevention and information

1.   This Article shall apply to Category A waste facilities, save for those waste facilities falling within the scope of Directive 96/82/EC.

2.   Without prejudice to other Community legislation, and in particular Directives 92/91/EEC and 92/104/EEC, Member States shall ensure that major-accident hazards are identified and that the necessary features are incorporated into the design, construction, operation and maintenance, closure and after-closure of the waste facility in order to prevent such accidents and to limit their adverse consequences for human health, the environment and/or property, including any transboundary impacts.

3.   For the purposes of the requirements under paragraph 2, each operator shall, before the start of operations, draw up a major-accident prevention policy for the management of extractive waste and put into effect a safety management system implementing it, in accordance with the elements set out in Section 1 of Annex I, and shall also put into effect an internal emergency plan specifying the measures to be taken on site in the event of an accident.

As part of that policy, the operator shall appoint a safety manager responsible for the implementation and periodic supervision of the major-accident prevention policy.

The competent authority shall draw up an external emergency plan specifying the measures to be taken offsite in the event of an accident. As part of the application for a permit the operator shall provide the competent authority with the information necessary to enable the latter to draw up that plan.

4.   The emergency plans referred to in paragraph 3 shall have the following objectives:

| (a) | to contain and control major accidents and other incidents so as to minimise their effects, and in particular to limit damage to human
  health, the
  environment
  and/or property
  ; |
| --- | --- |

(a)

to contain and control major accidents and other incidents so as to minimise their effects, and in particular to limit damage to human
  health, the
  environment
  and/or property
  ;

| (b) | to implement the measures necessary to protect human health, the environment and/or property from the effects of major accidents and other incidents; |
| --- | --- |

(b)

to implement the measures necessary to protect human health, the environment and/or property from the effects of major accidents and other incidents;

| (c) | to communicate the necessary information to the public and to the relevant services or authorities in the area; |
| --- | --- |

(c)

to communicate the necessary information to the public and to the relevant services or authorities in the area;

| (d) | to provide for the rehabilitation, restoration and clean-up of the environment following a major accident. |
| --- | --- |

(d)

to provide for the rehabilitation, restoration and clean-up of the environment following a major accident.

Member States shall ensure that, in the event of a major accident, the operator immediately provides the competent authority with all the information required to help minimise its consequences for human health and to assess and minimise the extent, actual or potential, of the environmental damage.

5.   Member States shall ensure that the public concerned are given early and effective opportunities to participate in the preparation or review of the external emergency plan to be drawn up in accordance with paragraph 3. To that end, the public concerned shall be informed about any such proposal and relevant information shall be made available, including, inter alia, information about the right to participate in the decision-making process and about the competent authority to which comments and questions may be submitted.

Member States shall ensure that the public concerned is entitled to express comments within reasonable time frames and that, in the decision on the external emergency plan, due account is taken of these comments.

6.   Member States shall ensure that information on safety measures and on the action required in the event of an accident, containing at least the elements listed in Section 2 of Annex I, is provided, free of charge and as a matter of course, to the public concerned.

That information shall be reviewed every three years and, where necessary, updated.

Article 7

Application and permit

1.   No waste facility shall be allowed to operate without a permit granted by the competent authority. The permit shall contain the elements specified in paragraph 2 of this Article and shall clearly indicate the category of the waste facility in accordance with the criteria referred to in Article 9.

Subject to compliance with all requirements under this Article, any permit produced pursuant to other national or Community legislation may be combined to form a single permit, where such a format obviates the unnecessary duplication of information and the repetition of work by the operator or competent authority. The elements specified in paragraph 2 can be covered by one single permit or several permits, provided that all requirements under this Article are complied with.

2.   The application for a permit shall contain at least the following elements:

| (a) | the identity of the operator; |
| --- | --- |

(a)

the identity of the operator;

| (b) | the proposed location of the waste facility, including any possible alternative locations; |
| --- | --- |

(b)

the proposed location of the waste facility, including any possible alternative locations;

| (c) | the type of mineral or minerals extracted and the nature of any overburden and/or gangue minerals that will be displaced in the course of the extractive operations; |
| --- | --- |

(c)

the type of mineral or minerals extracted and the nature of any overburden and/or gangue minerals that will be displaced in the course of the extractive operations;

| (d) | the
  approved
  waste management plan pursuant to Article 5; |
| --- | --- |

(d)

the
  approved
  waste management plan pursuant to Article 5;

| (e) | adequate arrangements by way of a financial guarantee or equivalent, as required under Article 14; |
| --- | --- |

(e)

adequate arrangements by way of a financial guarantee or equivalent, as required under Article 14;

| (f) | the information provided by the operator in accordance with Article 5 of Directive 85/337/EEC (19) if an environmental impact assessment is required under that Directive. |
| --- | --- |

(f)

the information provided by the operator in accordance with Article 5 of Directive 85/337/EEC (19) if an environmental impact assessment is required under that Directive.

3.   The competent authority shall only grant a permit if it is satisfied that:

| (a) | the operator complies with the relevant requirements under this Directive; |
| --- | --- |

(a)

the operator complies with the relevant requirements under this Directive;

| (b) | the management of waste does not conflict directly or otherwise interfere with the implementation of the relevant waste management plan or plans referred to in Article 7 of Directive 75/442/EEC. |
| --- | --- |

(b)

the management of waste does not conflict directly or otherwise interfere with the implementation of the relevant waste management plan or plans referred to in Article 7 of Directive 75/442/EEC.

4.   Member States shall take the necessary measures to ensure that the competent authorities periodically reconsider and, where necessary, update permit conditions:

| — | where there are substantial changes in the operation of the waste facility or the waste deposited; |
| --- | --- |

—

where there are substantial changes in the operation of the waste facility or the waste deposited;

| — | on the basis of monitoring results reported by the operator pursuant to Article 11(3) or inspections carried out pursuant to Article 17; |
| --- | --- |

—

on the basis of monitoring results reported by the operator pursuant to Article 11(3) or inspections carried out pursuant to Article 17;

| — | in the light of information exchange on substantial changes in best available techniques under Article 21(3). |
| --- | --- |

—

in the light of information exchange on substantial changes in best available techniques under Article 21(3).

5.   The information contained in a permit granted under this Article shall be made available to the competent national and
  Community authorities for the purpose of drawing up national and Community inventories of waste facilities respectively
  . Sensitive information of a purely commercial nature, such as information concerning business relations and cost components and the volume of economic mineral reserves, shall not be made public.

Article 8

Public participation

1.   The public shall be informed, by public notices or other appropriate means, such as electronic media where available, of the following matters early in the procedure for granting a permit or, at the latest, as soon as the information can reasonably be provided:

| (a) | the application for a permit; |
| --- | --- |

(a)

the application for a permit;

| (b) | where applicable, the fact that a decision concerning an application for a permit is subject to consultation between the Member States in accordance with Article 16; |
| --- | --- |

(b)

where applicable, the fact that a decision concerning an application for a permit is subject to consultation between the Member States in accordance with Article 16;

| (c) | details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; |
| --- | --- |

(c)

details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;

| (d) | the nature of possible decisions; |
| --- | --- |

(d)

the nature of possible decisions;

| (e) | where applicable, the details relating to a proposal for the updating of a permit or of permit conditions; |
| --- | --- |

(e)

where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;

| (f) | an indication of the times and places where, or the means by which, the relevant information will be made available; |
| --- | --- |

(f)

an indication of the times and places where, or the means by which, the relevant information will be made available;

| (g) | details of the arrangements for public participation made pursuant to paragraph 7. |
| --- | --- |

(g)

details of the arrangements for public participation made pursuant to paragraph 7.

2.   Member States shall ensure that, within appropriate time frames, the following are made available to the public concerned:

| (a) | in accordance with national legislation, the main reports and advice transmitted to the competent authority at the time when the public were informed in accordance with paragraph 1; |
| --- | --- |

(a)

in accordance with national legislation, the main reports and advice transmitted to the competent authority at the time when the public were informed in accordance with paragraph 1;

| (b) | in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (20), any information in addition to that referred to in paragraph 1 of this Article which is relevant for the decision in accordance with Article 7 of this Directive and which only becomes available after the time the public have been informed in accordance with paragraph 1 of this Article. |
| --- | --- |

(b)

in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (20), any information in addition to that referred to in paragraph 1 of this Article which is relevant for the decision in accordance with Article 7 of this Directive and which only becomes available after the time the public have been informed in accordance with paragraph 1 of this Article.

3.   Member States shall take appropriate measures to ensure that the public are informed, in accordance with paragraph 1 of this Article, of an update of permit conditions in accordance with Article 7(4).

4.   The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.

5.   The results of the consultations held pursuant to this Article shall be duly taken into account in the taking of a decision.

6.   When a decision has been taken the competent authority shall, in accordance with the appropriate procedures, inform the public concerned and shall make the following information available to the public concerned:

| (a) | the content of the decision, including a copy of the permit; |
| --- | --- |

(a)

the content of the decision, including a copy of the permit;

| (b) | the reasons and considerations on which the decision is based. |
| --- | --- |

(b)

the reasons and considerations on which the decision is based.

7.   The detailed arrangements for public participation under this Article shall be determined by the Member States so as to enable the public concerned to prepare and participate effectively.

Article 9

Classification system for waste facilities

For the purposes of this Directive, the competent authorities shall classify a waste facility as Category A in accordance with the criteria set out in Annex III.

Article 10

Excavation voids

1.   Member States shall ensure that the operator, when placing extractive waste
  and other extracted materials
  back into the excavation voids for rehabilitation and construction purposes, whether created through surface or underground extraction, takes appropriate measures in order to:

| 1) | secure the stability of the extractive waste in accordance, mutatis mutandis, with Article 11(2); |
| --- | --- |

1)

secure the stability of the extractive waste in accordance, mutatis mutandis, with Article 11(2);

| 2) | prevent the pollution of soil, surface water and groundwater in accordance, mutatis mutandis, with
  Article 13(1), (3) and (5)
  ; |
| --- | --- |

2)

prevent the pollution of soil, surface water and groundwater in accordance, mutatis mutandis, with
  Article 13(1), (3) and (5)
  ;

| 3) | ensure the monitoring of the extractive waste
  and the excavation void
  in accordance, mutatis mutandis, with Article 12(4) and (5). |
| --- | --- |

3)

ensure the monitoring of the extractive waste
  and the excavation void
  in accordance, mutatis mutandis, with Article 12(4) and (5).

2.   Directive 1999/31/EC shall continue to apply to the waste other than extractive waste used for filling in excavation voids as appropriate.

Article 11

Construction and management of waste facilities

1.   Member States shall take appropriate measures to ensure that the management of a waste facility is in the hands of a competent person and that technical development and training of staff are provided.

2.   The competent authority shall satisfy itself that, in constructing a new waste facility or modifying an existing waste facility, the operator ensures that:

| (a) | the waste facility is suitably located, taking into account in particular
  Community or national obligations relating to protected areas, and
  geological, hydrological, hydrogeological, seismic and geotechnical factors, and is designed so as to meet the necessary conditions for, in the short and long-term perspectives, preventing pollution of the soil, air, groundwater or surface water, taking into account especially Directives 76/464/EEC (21), 80/68/EEC (22) and 2000/60/EC, and ensuring efficient collection of contaminated water and leachate as and when required under the permit, and reducing erosion caused by water or wind as far as it is technically possible and economically viable; |
| --- | --- |

(a)

the waste facility is suitably located, taking into account in particular
  Community or national obligations relating to protected areas, and
  geological, hydrological, hydrogeological, seismic and geotechnical factors, and is designed so as to meet the necessary conditions for, in the short and long-term perspectives, preventing pollution of the soil, air, groundwater or surface water, taking into account especially Directives 76/464/EEC (21), 80/68/EEC (22) and 2000/60/EC, and ensuring efficient collection of contaminated water and leachate as and when required under the permit, and reducing erosion caused by water or wind as far as it is technically possible and economically viable;

| (b) | the waste facility is suitably constructed, managed and maintained to ensure its physical stability and to prevent pollution or contamination of soil, air, surface water or groundwater in the short and longterm perspectives as well as to minimise as far as possible damage to landscape; |
| --- | --- |

(b)

the waste facility is suitably constructed, managed and maintained to ensure its physical stability and to prevent pollution or contamination of soil, air, surface water or groundwater in the short and longterm perspectives as well as to minimise as far as possible damage to landscape;

| (c) | there are suitable plans and arrangements for regular monitoring and inspection of the waste facility by competent persons and for taking action in the event of results indicating instability or water or soil contamination; |
| --- | --- |

(c)

there are suitable plans and arrangements for regular monitoring and inspection of the waste facility by competent persons and for taking action in the event of results indicating instability or water or soil contamination;

| (d) | suitable arrangements are made for the rehabilitation of the land and the closure of the waste facility; |
| --- | --- |

(d)

suitable arrangements are made for the rehabilitation of the land and the closure of the waste facility;

| (e) | suitable arrangements are made for the after-closure phase of the waste facility. |
| --- | --- |

(e)

suitable arrangements are made for the after-closure phase of the waste facility.

Records of the monitoring and inspections referred to in point (c) shall be kept, together with permit documentation, in order to ensure the appropriate hand-over of information, particularly in the event of a change of operator.

3.   The operator shall, without undue delay and in any event not later than 48 hours thereafter, notify the competent authority of any events likely to affect the stability of the waste facility and any significant adverse environmental effects revealed by the control and monitoring procedures of the waste facility. The operator shall implement the internal emergency plan, where applicable, and follow any other instruction from the competent authority as to the corrective measures to be taken.

The operator shall bear the costs of the measures to be undertaken.

At a frequency to be determined by the competent authority, and in any event at least once a year, the operator shall report, on the basis of aggregated data, all monitoring results to the competent authorities for the purposes of demonstrating compliance with permit conditions and increasing knowledge of waste and waste facility behaviour. On the basis of this report the competent authority may decide that validation by an independent expert is necessary.

Article 12

Closure and after-closure procedures for waste facilities

1.   Member States shall take measures to ensure compliance with paragraphs 2 to 5.

2.   A waste facility shall only start the closure procedure if one of the following conditions is satisfied:

| (a) | the relevant conditions stated in the permit are met; |
| --- | --- |

(a)

the relevant conditions stated in the permit are met;

| (b) | authorisation is granted by the competent authority, at the request of the operator; |
| --- | --- |

(b)

authorisation is granted by the competent authority, at the request of the operator;

| (c) | the competent authority issues a reasoned decision to that effect. |
| --- | --- |

(c)

the competent authority issues a reasoned decision to that effect.

3.   A waste facility may be considered as finally closed only after the competent authority has, without undue delay, carried out a final on-site inspection, assessed all the reports submitted by the operator, certified that the site has been rehabilitated and communicated to the operator its approval of the closure.

That approval shall not in any way reduce the operator's obligations under the conditions of the permit or otherwise in law.

4.   The operator shall be responsible for the maintenance, monitoring and control in the after-closure phase for as long as may be required by the competent authority, taking into account the nature and duration of the hazard, save where the competent authority decides to take over such tasks from the operator, after a waste facility has been finally closed and without prejudice to any national or Community legislation governing the liability of the waste holder.

5.   When considered necessary by the competent authority
  in order to meet Community environmental standards, in particular those in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC,
  following closure of a waste facility, the operator shall,
  inter alia
  , control the physical and chemical stability of the facility and minimise any negative environmental effect, in particular with respect to surface water and groundwater, by ensuring that:

| (a) | all the structures pertaining to the facility are monitored and conserved, with control and measuring apparatus always ready for use; |
| --- | --- |

(a)

all the structures pertaining to the facility are monitored and conserved, with control and measuring apparatus always ready for use;

| (b) | where applicable, overflow channels and spillways are kept clean and free
  ; |
| --- | --- |

(b)

where applicable, overflow channels and spillways are kept clean and free
  ;

| (c) | passive or active water treatment facilities are set up when necessary to prevent the migration of contaminated leachate from the facility to contiguous groundwater or surface water bodies. |
| --- | --- |

(c)

passive or active water treatment facilities are set up when necessary to prevent the migration of contaminated leachate from the facility to contiguous groundwater or surface water bodies.

6.   Following closure of a waste facility, the operator shall, without delay, notify the competent authority of any events or developments likely to affect the stability of the waste facility, and any significant adverse environmental effects revealed by the relevant control and monitoring procedures. The operator shall implement the internal emergency plan, where applicable, and follow any other instruction from the competent authority as to the corrective measures to be taken.

The operator shall bear the costs of the measures to be undertaken.

In cases and at a frequency to be determined by the competent authority,
  and in any event at least once a year,
  the operator shall report, on the basis of aggregated data, all monitoring results to the competent authorities for the purposes of demonstrating compliance with permit conditions and increasing knowledge of waste and waste facility behaviour.

Article 13

Prevention of water status deterioration, air and soil pollution

1.   The competent authority shall satisfy itself that the operator has taken the necessary measures in order to
  meet Community environmental standards, in particular to prevent, in accordance with Directive 2000/60/EC, the deterioration of current water status, inter alia, by:

| (a) | evaluating the leachate generation potential, including contaminant content of the leachate, of the deposited waste during both the operational and after-closure phase of the waste facility and determining the water balance of the waste facility; |
| --- | --- |

(a)

evaluating the leachate generation potential, including contaminant content of the leachate, of the deposited waste during both the operational and after-closure phase of the waste facility and determining the water balance of the waste facility;

| (b) | preventing or minimising leachate generation and waste contamination of surface water or groundwater and soil; |
| --- | --- |

(b)

preventing or minimising leachate generation and waste contamination of surface water or groundwater and soil;

| (c) | collecting contaminated water and leachate; |
| --- | --- |

(c)

collecting contaminated water and leachate;

| (d) | treating contaminated water
  ,
  leachate
  and any other effluent
  collected from the waste facility to the appropriate standard required for their discharge,
  so that they comply with Community obligations, in particular those in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC
  . |
| --- | --- |

(d)

treating contaminated water
  ,
  leachate
  and any other effluent
  collected from the waste facility to the appropriate standard required for their discharge,
  so that they comply with Community obligations, in particular those in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC
  .

2.   The competent authority shall ensure that the operator has taken adequate measures to prevent or reduce dust and gas emissions.

3.   Where, on the basis of an assessment of environmental risks, taking into account, in particular, Directives 76/464/EEC, 80/68/EEC or 2000/60/EC, as applicable, the competent authority has decided that collection and treatment of leachate is not necessary or it has been established that the waste facility poses no potential hazard to soil, groundwater or surface water, the requirements set out in points (b), (c) and (d) of paragraph 1 may be reduced or waived accordingly.

4.   Member States shall
  prohibit
  the disposal of extractive waste, whether in solid, slurry or liquid form, into any receiving body of water other than one constructed for the purpose of disposing of extractive waste
  , unless the operator can demonstrate a priori compliance with
  the relevant requirements of Directives 76/464/EEC, 80/68/EEC and 2000/60/EC.

5.
     
  In the case of excavation voids, including underground voids and back-filled surface mine voids, which are allowed to flood after closure, the operator shall take the necessary measures to prevent water status deterioration and soil pollution, and shall provide the competent authority with information on the following at least six months before the cessation of dewatering of the voids:

| (a) | the layout of excavated voids, clearly marking those that are to be allowed to flood following cessation of dewatering, and geological details; |
| --- | --- |

(a)

the layout of excavated voids, clearly marking those that are to be allowed to flood following cessation of dewatering, and geological details;

| (b) | a summary of the quantity and quality of water encountered in the excavated voids during at least the last two years of working; |
| --- | --- |

(b)

a summary of the quantity and quality of water encountered in the excavated voids during at least the last two years of working;

| (c) | predictions of the impact, including location and quantity, of any future polluting discharges from the excavated voids to groundwater and surface water, and plans for the mitigation and remediation of such discharges; |
| --- | --- |

(c)

predictions of the impact, including location and quantity, of any future polluting discharges from the excavated voids to groundwater and surface water, and plans for the mitigation and remediation of such discharges;

| (d) | proposals for monitoring the process of flooding of the voids, to provide early warning of the need to instigate mitigation measures. |
| --- | --- |

(d)

proposals for monitoring the process of flooding of the voids, to provide early warning of the need to instigate mitigation measures.

6.   In the case of a pond involving the presence of cyanide, the operator shall ensure that the concentration of weak acid dissociable cyanide in the pond is reduced to the lowest possible level using best available techniques and, in any case, at waste facilities which have previously been granted a permit or have already been in operation on ... (23) that the concentration of weak acid dissociable cyanide at the point of discharge of the tailings from the processing plant into the pond does not exceed 50 ppm as from ... (23), 25 ppm as from ... (24), 10 ppm as from ... (25) and 10 ppm at waste facilities which are granted a permit after ... (23).

If the competent authority so requests, the operator shall demonstrate, through a risk assessment that takes site-specific conditions into account, that those concentration limits need not be further lowered.

Article 14

Financial guarantee

1.   The competent authority shall, prior to the commencement of any operations involving the accumulation or deposit of extractive waste in a waste facility, require a financial guarantee (e.g. in the form of a financial deposit, including industry-sponsored mutual guarantee funds) or equivalent, in accordance with procedures to be decided by the Member States
  and approved by the Commission
  , so that:

| (a) | all obligations under the permit issued pursuant to this Directive, including after-closure provisions, are discharged; |
| --- | --- |

(a)

all obligations under the permit issued pursuant to this Directive, including after-closure provisions, are discharged;

| (b) | there are funds readily available at any given time for the rehabilitation of the
  land within the
  site
  as well as land directly affected by the waste facility
  . |
| --- | --- |

(b)

there are funds readily available at any given time for the rehabilitation of the
  land within the
  site
  as well as land directly affected by the waste facility
  .

2.   The calculation of the guarantee referred to in paragraph 1 shall be made on the basis of:

| (a) | the likely environmental impact of the waste facility, taking into account in particular the category of the waste facility, the characteristics of the waste and the future use of the rehabilitated land; |
| --- | --- |

(a)

the likely environmental impact of the waste facility, taking into account in particular the category of the waste facility, the characteristics of the waste and the future use of the rehabilitated land;

| (b) | the assumption that independent and suitably qualified third parties will assess and perform any rehabilitation work needed. |
| --- | --- |

(b)

the assumption that independent and suitably qualified third parties will assess and perform any rehabilitation work needed.

3.   The size of the guarantee shall be
  periodically
  adjusted in
  accordance
  with
  any
  rehabilitation work needed to be carried out on
  the land within the site as well as land directly affected by
  the waste facility.

4.   Where the competent authority approves closure in accordance with Article 12(3), it shall provide the operator with a written statement releasing him from the guarantee obligation referred to in paragraph 1 of this Article with the exception of after-closure obligations as referred to in Article 12(4).

Article 15

Environmental liability

The following point shall be added to Annex III of Directive 2004/35/EC as follows:

‘13. The management of extractive waste pursuant to Directive 2005/.../EC of the European Parliament and of the Council of ... on the management of waste from extractive industries (26).

Article 16

Transboundary effects

1.   Where a Member State in which a waste facility is situated is aware that the operation of a Category A waste facility is likely to have significant adverse effects on the environment of, and any resultant risks to human health in, another Member State, or where a Member State likely to be thus affected so requests, the Member State in whose territory the application for a permit pursuant to Article 7 was submitted shall forward the information provided pursuant to that Article to the other Member State at the same time as it makes it available to its own nationals.

Such information shall serve as a basis for any consultation necessary within the context of bilateral relations between the two Member States on a reciprocal and equivalent basis.

2.   Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1 the applications are also made available for an appropriate period of time to the public concerned of the Member State likely to be affected so that they will have the right to comment on them before the competent authority reaches its decision.

3.   Member States shall ensure that, in the event of an accident involving a waste facility as referred to in paragraph 1 of this Article, information provided by the operator to the competent authority pursuant to Article 6(4) is immediately forwarded to the other Member State in order to help minimise the consequences of the accident for human health and to assess and minimise the extent of the actual or potential environmental damage.

Article 17

Inspections by the competent authority

1.   Prior to the commencement of deposit operations and at regular intervals thereafter, including the after-closure phase, to be decided by the Member State concerned, the competent authority shall inspect any waste facility covered by Article 7 in order to ensure that it complies with the relevant conditions of the permit. An affirmative finding shall in no way reduce the responsibility of the operator under the conditions of the permit.

2.   Member States shall require the operator to keep up-to-date records of all waste management operations and make them available for inspection by the competent authority and to ensure that, in the event of a change of operator during the management of a waste facility, there is an appropriate transfer of relevant up-to-date information and records relating to the waste facility.

Article 18

Obligation to report

1.   At intervals of three years Member States shall transmit to the Commission a report on the implementation of this Directive. The report shall be drawn up on the basis of a questionnaire or outline to be adopted by the Commission in accordance with the procedure referred to in Article 23(2). The report shall be transmitted to the Commission within nine months of the end of the three-year period covered by it.

The Commission shall publish a report on the implementation of this Directive within nine months of receiving the reports from the Member States.

2.   Every year Member States shall transmit to the Commission information on events notified by the operators in accordance with Articles 11(3) and 12(6). The Commission shall make this information available to the Member States upon request. Without prejudice to Community law on public access to environmental information, Member States shall in their turn make the information available to members of the public concerned on request.

Article 19

Penalties

The Member States shall lay down rules on penalties for infringement of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Article 20

Inventory of closed waste facilities

Member States shall ensure that an inventory of closed waste facilities, including abandoned sites, located on their territory which cause serious negative environmental impacts or have the potential of becoming in the medium or short term a serious threat to human health or the environment is drawn up and periodically updated. Such an inventory, to be made available to the public, shall be carried out by ... (27), taking into account the methodologies as referred to in Article 21, if available.

sites

by

27

Article 21

Exchange of information

1.   The Commission, assisted by the Committee referred to in Article 23, shall ensure that there is an appropriate exchange of technical and scientific information between Member States, with a view to developing methodologies relating to:

| (a) | the implementation of Article 20; |
| --- | --- |

(a)

the implementation of Article 20;

| (b) | the rehabilitation of those closed waste facilities identified under Article 20 in order to satisfy the requirements of Article 4. Such methodologies shall allow for the establishment of the most appropriate risk assessment procedures and remedial actions having regard to the variation of geological, hydrogeological and climatological characteristics across Europe. |
| --- | --- |

(b)

the rehabilitation of those closed waste facilities identified under Article 20 in order to satisfy the requirements of Article 4. Such methodologies shall allow for the establishment of the most appropriate risk assessment procedures and remedial actions having regard to the variation of geological, hydrogeological and climatological characteristics across Europe.

2.   Member States shall ensure that the competent authority follows or is informed of developments in best available techniques.

3.   The Commission shall organise an exchange of information between Member States and the organisations concerned on best available techniques, associated monitoring and developments in them. The Commission shall publish the results of the exchange of information.

Article 22

Implementing and amending measures

1.   By ... (28), the Commission shall adopt, in accordance with the procedure referred to in Article 23(2), the provisions necessary for the following, prioritising (e), (f) and (g):

28

| (a) | the harmonisation and regular transmission of the information referred to in Articles 7(5) and 12(6); |
| --- | --- |

(a)

the harmonisation and regular transmission of the information referred to in Articles 7(5) and 12(6);

| (b) | the implementation of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method; |
| --- | --- |

(b)

the implementation of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method;

(6),

| (c) | technical guidelines for the establishment of the financial guarantee in accordance with the requirements of Article 14(2); |
| --- | --- |

(c)

technical guidelines for the establishment of the financial guarantee in accordance with the requirements of Article 14(2);

| (d) | technical guidelines for inspections in accordance with Article 17; |
| --- | --- |

(d)

technical guidelines for inspections in accordance with Article 17;

| (e) | completion of the technical requirements for waste characterisation contained in Annex II; |
| --- | --- |

(e)

completion of the technical requirements for waste characterisation contained in Annex II;

| (f) | interpretation of the definition contained in point 3 of Article 3; |
| --- | --- |

(f)

interpretation of the definition contained in point 3 of Article 3;

| (g) | definition of the criteria for the classification of waste facilities in accordance with Annex III; |
| --- | --- |

(g)

definition of the criteria for the classification of waste facilities in accordance with Annex III;

| (h) | determination of any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive. |
| --- | --- |

(h)

determination of any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive.

2.   Any subsequent amendments necessary for adapting the Annexes to scientific and technical progress shall be adopted by the Commission in accordance with the procedure referred to in Article 23(2).

Those amendments shall be made with a view to achieving a high level of environmental protection.

Article 23

Committee

1.   The Commission shall be assisted by the Committee established by Article 18 of Directive 75/442/EEC, hereinafter ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its Rules of Procedure.

Article 24

Transitional provision

1.   Member States shall ensure that any waste facility which has been granted a permit or which is already in operation on ... (29) complies with the provisions of this Directive by ... (30), except for those set out in Article 14(1) for which compliance must be ensured by ... (31) and for those set out in Article 13(6) for which compliance must be ensured in accordance with the timetable laid down therein.

29

30

31

(6)

2.   Paragraph 1 shall not apply to waste facilities closed by... (29).

29

3.
     
  Without prejudice to paragraph 1, Member States shall ensure that, from the entry into force of this Directive or, with regard to new Member States, from the date of accession, and notwithstanding any closure of a waste facility referred to in paragraph 1, the operator:

3.

Without prejudice to paragraph 1, Member States shall ensure that, from the entry into force of this Directive or, with regard to new Member States, from the date of accession, and notwithstanding any closure of a waste facility referred to in paragraph 1, the operator:

| (a) | ensures that the facility in question is operated and, in the event of its closure, managed after such closure, in a way that does not prejudice the fulfilment of the requirements of this Directive, or those of any other relevant Community legislation, including Directive 2000/60/EC; |
| --- | --- |

(a)

(a)

ensures that the facility in question is operated and, in the event of its closure, managed after such closure, in a way that does not prejudice the fulfilment of the requirements of this Directive, or those of any other relevant Community legislation, including Directive 2000/60/EC;

ensures that the facility in question is operated and, in the event of its closure, managed after such closure, in a way that does not prejudice the fulfilment of the requirements of this Directive, or those of any other relevant Community legislation, including Directive 2000/60/EC;

| (b) | ensures that the facility in question does not cause any deterioration of surface water or groundwater status which would constitute a breach of Directive 2000/60/EC or soil pollution, due to leachate, contaminated water or any other effluent or waste, whether in solid, slurry or liquid form; |
| --- | --- |

(b)

(b)

ensures that the facility in question does not cause any deterioration of surface water or groundwater status which would constitute a breach of Directive 2000/60/EC or soil pollution, due to leachate, contaminated water or any other effluent or waste, whether in solid, slurry or liquid form;

ensures that the facility in question does not cause any deterioration of surface water or groundwater status which would constitute a breach of Directive 2000/60/EC or soil pollution, due to leachate, contaminated water or any other effluent or waste, whether in solid, slurry or liquid form;

| (c) | takes all steps required to remediate the consequences of any breach under point (b) in order to achieve compliance with relevant Community legislation, including Directive 2000/60/EC. |
| --- | --- |

(c)

(c)

takes all steps required to remediate the consequences of any breach under point (b) in order to achieve compliance with relevant Community legislation, including Directive 2000/60/EC.

takes all steps required to remediate the consequences of any breach under point (b) in order to achieve compliance with relevant Community legislation, including Directive 2000/60/EC.

4.
     
  Where the Council acts on a proposal from the Commission submitted pursuant to Article 55 of the 2005 Act of Accession [or Accession Protocol if the Treaty establishing a constitution for Europe has entered into force on 1 January 2007], it will exercise its discretion under that provision in such a way as not to undermine the objectives of this Directive.

4.

Where the Council acts on a proposal from the Commission submitted pursuant to Article 55 of the 2005 Act of Accession [or Accession Protocol if the Treaty establishing a constitution for Europe has entered into force on 1 January 2007], it will exercise its discretion under that provision in such a way as not to undermine the objectives of this Directive.

Article 25

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ... (32). They shall forthwith inform the Commission thereof.

32

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

Article 26

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 27

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 80, 30.3.2004, p. 35.

1

(2)  OJ C 109, 30.4.2004, p. 33.

2

(3)  Position of the European Parliament of 31 March 2004(OJ C 103 E, 29.4.2004, p. 634), Council Common Position of 12 April 2005 (OJ C 172 E, 12.7.2005, p. 1) and Position of the European Parliament of 6 September 2005.

3

Position

(OJ C 103 E, 29.4.2004, p. 634)

12 April 2005 (OJ C 172 E, 12.7.2005, p. 1)

6 September 2005

(4)  OJ L 345, 31.12.2003, p. 97.

4

(5)  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

5

(6)  OJ C 65 E, 14.3.2002, p. 382.

6

(7)  OJ L 242, 10.9.2002, p. 1.

7

(8)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003.

8

(9)  OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

9

(10)  Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 9).

10

(11)  Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (12th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 404, 31.12.1992, p. 10).

11

(12)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

12

(13)  OJ L 143, 30.4.2004, p. 56.

13

(14)  OJ L 184, 17.7.1999, p. 23.

14

(15)  OJ C 321, 31.12.2003, p. 1.

15

(16)  OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

16

(17)  Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1). Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

17

(18)  Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1). Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

18

Council

(19)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p. 40). Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).

19

(20)  OJ L 41, 14.2.2003, p. 26.

20

(21)  Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 129, 18.5.1976, p. 23). Directive as last amended by Directive 2000/60/EC.

21

(22)  Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ L 20, 26.1.1980, p. 43). Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).

22

(23)  Date referred to in Article 25(1).

23

(24)  Five years after the date referred to in Article 25(1).

24

(25)  Ten years after the date referred to in Article 25(1).

25

(26)  OJ L...’

26

(27)  Four years after the date referred to in Article 25(1).

27

Four years after the date

(28)  Two years after the date of entry into force of this Directive.

28

(29)  Date referred to in Article 25(1).

29

(30)  Four years after the date referred to in Article 25(1).

30

(31)  Six years after the date referred to in Article 25(1).

31

(32)  
  Eighteen months
  after the date of entry into force of this Directive.

32

Eighteen months

ANNEX I

MAJOR-ACCIDENT PREVENTION POLICY AND INFORMATION TO BE COMMUNICATED TO THE PUBLIC CONCERNED

1.   Major-accident prevention policy

The operator's major-accident prevention policy and safety management system should be proportionate to the major-accident hazards presented by the waste facility. For the purpose of implementing them, account shall be taken of the following elements:

| 1) | the major-accident prevention policy should include the operator's overall aims and principles of action with respect to the control of major-accident hazards; |
| --- | --- |

1)

the major-accident prevention policy should include the operator's overall aims and principles of action with respect to the control of major-accident hazards;

| 2) | the safety management system should include the part of the general management system which includes the organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major-accident prevention policy; |
| --- | --- |

2)

the safety management system should include the part of the general management system which includes the organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major-accident prevention policy;

| 3) | the following issues shall be addressed by the safety management system:






  (a) | organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation; identification of training needs of such personnel and the provision of the training so identified; and involvement of employees and, where appropriate, subcontractors; |
| --- | --- | --- |

3)

the following issues shall be addressed by the safety management system:

(a)

organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation; identification of training needs of such personnel and the provision of the training so identified; and involvement of employees and, where appropriate, subcontractors;

| (b) | identification and evaluation of major hazards — adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operations and assessment of their likelihood and severity; |
| --- | --- |

(b)

identification and evaluation of major hazards — adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operations and assessment of their likelihood and severity;

| (c) | operational control — adoption and implementation of procedures and instructions for safe operation, including maintenance of plant, processes, equipment and temporary stoppages; |
| --- | --- |

(c)

operational control — adoption and implementation of procedures and instructions for safe operation, including maintenance of plant, processes, equipment and temporary stoppages;

| (d) | management of change — adoption and implementation of procedures for planning modifications to, or the design of, new waste facilities; |
| --- | --- |

(d)

management of change — adoption and implementation of procedures for planning modifications to, or the design of, new waste facilities;

| (e) | planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies; |
| --- | --- |

(e)

planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies;

| (f) | monitoring performance — adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator's major-accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures should cover the operator's system for reporting major accidents or near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learnt; |
| --- | --- |

(f)

monitoring performance — adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator's major-accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures should cover the operator's system for reporting major accidents or near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learnt;

| (g) | audit and review — adoption and implementation of procedures for periodic systematic assessment of the major-accident prevention policy and the effectiveness and suitability of the safety management system; the documented review of performance of the policy and safety management system and its updating by senior management. |
| --- | --- |

(g)

audit and review — adoption and implementation of procedures for periodic systematic assessment of the major-accident prevention policy and the effectiveness and suitability of the safety management system; the documented review of performance of the policy and safety management system and its updating by senior management.

2.   Information to be communicated to the public concerned

| (1) | Name of operator and address of the waste facility. |
| --- | --- |

(1)

Name of operator and address of the waste facility.

| (2) | Identification, by position held, of the person providing the information. |
| --- | --- |

(2)

Identification, by position held, of the person providing the information.

| (3) | Confirmation that the waste facility is subject to the regulations and/or administrative provisions implementing this Directive and, when applicable, that the information relevant to the elements referred to in Article 6(2) has been submitted to the competent authority. |
| --- | --- |

(3)

Confirmation that the waste facility is subject to the regulations and/or administrative provisions implementing this Directive and, when applicable, that the information relevant to the elements referred to in Article 6(2) has been submitted to the competent authority.

| (4) | An explanation in clear and simple terms of the activity or activities undertaken at the site. |
| --- | --- |

(4)

An explanation in clear and simple terms of the activity or activities undertaken at the site.

| (5) | The common names or the generic names or the general danger classification of the substances and preparations involved at the waste facility as well as waste which could give rise to a major accident, with an indication of their principal dangerous characteristics. |
| --- | --- |

(5)

The common names or the generic names or the general danger classification of the substances and preparations involved at the waste facility as well as waste which could give rise to a major accident, with an indication of their principal dangerous characteristics.

| (6) | General information relating to the nature of the major-accident hazards, including their potential effects on the surrounding population and environment. |
| --- | --- |

(6)

General information relating to the nature of the major-accident hazards, including their potential effects on the surrounding population and environment.

| (7) | Adequate information on how the surrounding population concerned are to be warned and kept informed in the event of a major accident. |
| --- | --- |

(7)

Adequate information on how the surrounding population concerned are to be warned and kept informed in the event of a major accident.

| (8) | Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident. |
| --- | --- |

(8)

Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident.

| (9) | Confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimise their effects. |
| --- | --- |

(9)

Confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimise their effects.

| (10) | A reference to the external emergency plan drawn up to cope with any off-site effects from an accident. This should include advice to co-operate with any instructions or requests from the emergency services at the time of an accident. |
| --- | --- |

(10)

A reference to the external emergency plan drawn up to cope with any off-site effects from an accident. This should include advice to co-operate with any instructions or requests from the emergency services at the time of an accident.

| (11) | Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in national legislation. |
| --- | --- |

(11)

Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in national legislation.

ANNEX II

WASTE CHARACTERISATION

The waste to be deposited in a facility shall be characterised in such a way as to guarantee the long-term physical and chemical stability of the structure of the facility and to prevent major accidents. The waste characterisation shall include, where appropriate and in accordance with the category of the waste facility, the following aspects:

| 1) | description of expected physical and chemical characteristics of the waste to be deposited in the short and the long term, with particular reference to its stability under surface atmospheric/meteorological conditions; |
| --- | --- |

1)

description of expected physical and chemical characteristics of the waste to be deposited in the short and the long term, with particular reference to its stability under surface atmospheric/meteorological conditions;

| 2) | classification of the waste according to the relevant entry in Decision 2000/532/EC (1), with particular regard to its hazardous characteristics; |
| --- | --- |

2)

classification of the waste according to the relevant entry in Decision 2000/532/EC (1), with particular regard to its hazardous characteristics;

| 3) | description of the chemical substances to be used during treatment of the mineral resource and their stability; |
| --- | --- |

3)

description of the chemical substances to be used during treatment of the mineral resource and their stability;

| 4) | description of the method of deposition; |
| --- | --- |

4)

description of the method of deposition;

| 5) | waste transport system to be employed. |
| --- | --- |

5)

waste transport system to be employed.

---

(1)  Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

ANNEX III

CRITERIA FOR DETERMINING THE CLASSIFICATION OF WASTE FACILITIES

A waste facility shall be classified under category A if:

| — | a failure or incorrect operation, e.g. the collapse of a heap or the bursting of a dam, could give rise to a major accident, on the basis of a risk assessment taking into account factors such as the present or future size, the location and the environmental impact of the waste facility; or |
| --- | --- |

—

a failure or incorrect operation, e.g. the collapse of a heap or the bursting of a dam, could give rise to a major accident, on the basis of a risk assessment taking into account factors such as the present or future size, the location and the environmental impact of the waste facility; or

| — | it contains waste classified as hazardous under Directive 91/689/EEC above a certain threshold; or |
| --- | --- |

—

it contains waste classified as hazardous under Directive 91/689/EEC above a certain threshold; or

| — | it contains substances or preparations classified as dangerous under Directives 67/548/EEC or 1999/45/EC above a certain threshold. |
| --- | --- |

—

it contains substances or preparations classified as dangerous under Directives 67/548/EEC or 1999/45/EC above a certain threshold.

P6_TA(2005)0320

Progress ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a Community programme for employment and social solidarity — Progress (COM(2004)0488 — C6-0092/2004 — 2004/0158(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0488) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0488) (1),

| — | having regard to Article 251(2) and Articles 13(2), 129 and 137(2) (a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0092/2004), |
| --- | --- |

—

having regard to Article 251(2) and Articles 13(2), 129 and 137(2) (a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0092/2004),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0199/2005), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0199/2005),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multiannual financial framework; |
| --- | --- |

2.

Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multiannual financial framework;

| 3. | Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme; |
| --- | --- |

3.

Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

| 4. | 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; |
| --- | --- |

4.

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;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2004)0158

Position of the European Parliament adopted at first reading on 6 September 2005 with a view to the adoption of Decision No .../2005/EC of the European Parliament and of the Council establishing a Community programme for employment and social solidarity — Progress

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 13(2), 129 and 137(2) (a) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The Lisbon European Council of 23 and 24 March 2000declared the promotion of employment and social inclusion an integral part of the overall strategy of the Union in pursuing its strategic goal for the next decade of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion. It set ambitious objectives and targets for the EU which aimed to recreate the conditions for full employment, improve quality and productivity at work, and promote social cohesion and an inclusive labour market. |
| --- | --- |

(1)

The Lisbon European Council of 23 and 24 March 2000declared the promotion of employment and social inclusion an integral part of the overall strategy of the Union in pursuing its strategic goal for the next decade of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion. It set ambitious objectives and targets for the EU which aimed to recreate the conditions for full employment, improve quality and productivity at work, and promote social cohesion and an inclusive labour market.

| (2) | In line with the Commission's express intention of consolidating and rationalising EU funding instruments, this Decision should establish a single and streamlined programme (‘the Programme’) providing for the continuation and development of the activities launched on the basis of Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (4)
  , Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005)
   (5) and European Parliament and Council Decisions No 50/2002/EC of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (6)
  , No 1145/2002/EC of 10 June 2002 on Community incentive measures in the field of employment (7),
  and No 848/2004/ΕC of 29 April 2004 establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (8),
  as well as those activities undertaken at Community level in relation to working conditions. |
| --- | --- |

(2)

In line with the Commission's express intention of consolidating and rationalising EU funding instruments, this Decision should establish a single and streamlined programme (‘the Programme’) providing for the continuation and development of the activities launched on the basis of Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (4)
  , Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005)
   (5) and European Parliament and Council Decisions No 50/2002/EC of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (6)
  , No 1145/2002/EC of 10 June 2002 on Community incentive measures in the field of employment (7),
  and No 848/2004/ΕC of 29 April 2004 establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (8),
  as well as those activities undertaken at Community level in relation to working conditions.

| (3) | The Extraordinary European Council on Employment in Luxembourg in 1997 launched the European Employment Strategy (EES) to coordinate Member States' employment policies on the basis of commonly-agreed employment guidelines and recommendations. The European Employment Strategy
  is
  now
  the most important instrument for
  implementation of the employment and labour market objectives of the Lisbon Strategy. |
| --- | --- |

(3)

The Extraordinary European Council on Employment in Luxembourg in 1997 launched the European Employment Strategy (EES) to coordinate Member States' employment policies on the basis of commonly-agreed employment guidelines and recommendations. The European Employment Strategy
  is
  now
  the most important instrument for
  implementation of the employment and labour market objectives of the Lisbon Strategy.

| (4) | The Lisbon European Council concluded that the number of people living below the poverty line and in social exclusion in the Union was unacceptable and therefore deemed it necessary to take steps to make decisive progress in the eradication of poverty by setting adequate objectives. Such objectives were agreed at the Nice European Council of 7, 8 and 9 December 2000. It was further agreed that policies for combating social exclusion should be based on the open method of coordination, combining national action plans and a Commission initiative for cooperation. |
| --- | --- |

(4)

The Lisbon European Council concluded that the number of people living below the poverty line and in social exclusion in the Union was unacceptable and therefore deemed it necessary to take steps to make decisive progress in the eradication of poverty by setting adequate objectives. Such objectives were agreed at the Nice European Council of 7, 8 and 9 December 2000. It was further agreed that policies for combating social exclusion should be based on the open method of coordination, combining national action plans and a Commission initiative for cooperation.

| (5) | Demographic change represents a major long-term challenge to the ability of social protection systems to deliver
  reasonable
  pensions and
  high-quality
  health and long-term care
  which are accessible to all and can be funded in the long term. It
  is important to promote policies that can achieve both adequate social protection and
  the sustainability of social protection systems. The Council has decided that cooperation on social protection should be based on
  the open method of coordination. |
| --- | --- |

(5)

Demographic change represents a major long-term challenge to the ability of social protection systems to deliver
  reasonable
  pensions and
  high-quality
  health and long-term care
  which are accessible to all and can be funded in the long term. It
  is important to promote policies that can achieve both adequate social protection and
  the sustainability of social protection systems. The Council has decided that cooperation on social protection should be based on
  the open method of coordination.

| (6) | Attention should be drawn to the specific situation of immigrants in this context and to the importance of taking action to transform the undeclared, and often precarious, work carried out by migrants into regular employment, so that they are able to enjoy the same social protection, benefits and working conditions as legal workers. |
| --- | --- |

(6)

Attention should be drawn to the specific situation of immigrants in this context and to the importance of taking action to transform the undeclared, and often precarious, work carried out by migrants into regular employment, so that they are able to enjoy the same social protection, benefits and working conditions as legal workers.

| (7) | Ensuring minimum standards and the constant improvement of working conditions in the EU is a central feature of European social policy and an important overall objective of the European Union. The Community has an important role to play in supporting and complementing the activities of the Member States in the fields of workers' health and safety, working conditions,
  including the need to reconcile work and family life,
  protection of workers where their employment contract is terminated, information
  , participation
  and consultation of workers, representation and collective defence of the interests of workers and employers. |
| --- | --- |

(7)

Ensuring minimum standards and the constant improvement of working conditions in the EU is a central feature of European social policy and an important overall objective of the European Union. The Community has an important role to play in supporting and complementing the activities of the Member States in the fields of workers' health and safety, working conditions,
  including the need to reconcile work and family life,
  protection of workers where their employment contract is terminated, information
  , participation
  and consultation of workers, representation and collective defence of the interests of workers and employers.

| (8) | Non-discrimination is a fundamental principle of the European Union.
  Article 13 of the Treaty provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in
  Article 21 of the Charter of Fundamental Rights of the European Union. The specific features of the diverse forms of discrimination should be accommodated
  , and appropriate action developed in parallel to prevent and combat discrimination on one or more grounds
  . Therefore,
  when considering the accessibility to, and results of, the Programme,
  the particular needs of people with disabilities should be taken into account in terms of
  ensuring their full and equal access to the
  activities
  funded by the Programme
  and
  the
  results
  and evaluation of those activities, including by the compensation of additional costs incurred by them. Experience gained over many years of combating certain forms of discrimination, including discrimination based on sex, may be useful in combating other forms of discrimination. |
| --- | --- |

(8)

Non-discrimination is a fundamental principle of the European Union.
  Article 13 of the Treaty provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in
  Article 21 of the Charter of Fundamental Rights of the European Union. The specific features of the diverse forms of discrimination should be accommodated
  , and appropriate action developed in parallel to prevent and combat discrimination on one or more grounds
  . Therefore,
  when considering the accessibility to, and results of, the Programme,
  the particular needs of people with disabilities should be taken into account in terms of
  ensuring their full and equal access to the
  activities
  funded by the Programme
  and
  the
  results
  and evaluation of those activities, including by the compensation of additional costs incurred by them. Experience gained over many years of combating certain forms of discrimination, including discrimination based on sex, may be useful in combating other forms of discrimination.

| (9) | On the basis of Article 13 of the Treaty, the Council has adopted
  the following directives:
  Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (9)
  , which prohibits discrimination based on racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services and social
  protection; Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (10)
  , which prohibits discrimination in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation
  , and Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (11)

  . |
| --- | --- |

(9)

On the basis of Article 13 of the Treaty, the Council has adopted
  the following directives:
  Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (9)
  , which prohibits discrimination based on racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services and social
  protection; Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (10)
  , which prohibits discrimination in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation
  , and Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (11)

  .

| (10) | Pursuant to Articles 2 and 3 of the Treaty, equal treatment for women and men is a fundamental principle of Community law
  ,
  and the directives and other acts adopted on the basis of this principle have played a major part in improving the situation of women in the Community. Experience of action at Community level has shown that promoting gender equality in EU policies and combating discrimination in practice call for a combination of instruments, including legislation, funding tools and mainstreaming, designed to reinforce one another. In line with the principle of gender mainstreaming, equality between
  women and men
  should be
  taken into account in
  all sections
  and activities
  of the Programme. |
| --- | --- |

(10)

Pursuant to Articles 2 and 3 of the Treaty, equal treatment for women and men is a fundamental principle of Community law
  ,
  and the directives and other acts adopted on the basis of this principle have played a major part in improving the situation of women in the Community. Experience of action at Community level has shown that promoting gender equality in EU policies and combating discrimination in practice call for a combination of instruments, including legislation, funding tools and mainstreaming, designed to reinforce one another. In line with the principle of gender mainstreaming, equality between
  women and men
  should be
  taken into account in
  all sections
  and activities
  of the Programme.

| (11) | The involvement of non-governmental organisations active at regional, national and EU levels is central to the successful implementation of the Programme's general objectives, and they should therefore play a major role, through relevant EU networks, in devising, implementing and monitoring the Programme. |
| --- | --- |

(11)

The involvement of non-governmental organisations active at regional, national and EU levels is central to the successful implementation of the Programme's general objectives, and they should therefore play a major role, through relevant EU networks, in devising, implementing and monitoring the Programme.

| (12) | Since the objectives of the proposed action cannot be sufficiently achieved by the Member States because of the need for exchange of information at EU-level and the Community-wide dissemination of good practice
  ,
  and
  since
  therefore
  these objectives can,
  by reason of the multilateral dimension of the Community actions and measures, 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 to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of the proposed action cannot be sufficiently achieved by the Member States because of the need for exchange of information at EU-level and the Community-wide dissemination of good practice
  ,
  and
  since
  therefore
  these objectives can,
  by reason of the multilateral dimension of the Community actions and measures, 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 to achieve those objectives.

| (13) | This Decision establishes a financial framework for the entire duration of the Programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (12). |
| --- | --- |

(13)

This Decision establishes a financial framework for the entire duration of the Programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (12).

| (14) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13)
  , |
| --- | --- |

(14)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13)
  ,

HAVE DECIDED AS FOLLOWS

Article 1

Establishment of the Programme

This Decision establishes the Community Programme for Employment and Social Solidarity, named Progress, to financially support the implementation of the objectives of the European Union in the employment and social affairs area and, thereby;
  in the context of
  the Lisbon Strategy
  to contribute to achieving the objectives of the social agenda (2006-2010) (14)

  . The Programme shall run from 1 January 2007 to 31 December 2013.

Article 2

General objectives of the Programme

The present Programme pursues the following general objectives:

| 1) | to improve the knowledge and understanding of the situation prevailing in the Member States (and in other participating countries) through analysis, evaluation and close monitoring of policies; |
| --- | --- |

1)

to improve the knowledge and understanding of the situation prevailing in the Member States (and in other participating countries) through analysis, evaluation and close monitoring of policies;

| 2) | to support the development of statistical tools and methods and common indicators
  where possible broken down by gender and age group
  in the areas covered by the Programme; |
| --- | --- |

2)

to support the development of statistical tools and methods and common indicators
  where possible broken down by gender and age group
  in the areas covered by the Programme;

| 3) | to support and monitor the implementation of Community law and policy objectives in the Member States and assess their
  effectiveness and
  impact
  , in particular as regards the creation of more and better jobs
  ; |
| --- | --- |

3)

to support and monitor the implementation of Community law and policy objectives in the Member States and assess their
  effectiveness and
  impact
  , in particular as regards the creation of more and better jobs
  ;

| 4) | to promote networking, mutual learning, identification and dissemination of good practice
  and innovative approaches at regional, national and transnational levels; |
| --- | --- |

4)

to promote networking, mutual learning, identification and dissemination of good practice
  and innovative approaches at regional, national and transnational levels;

| 5) | to enhance the awareness of stakeholders and the general public of EU policies
  and objectives
  pursued under each of its five sections; |
| --- | --- |

5)

to enhance the awareness of stakeholders and the general public of EU policies
  and objectives
  pursued under each of its five sections;

| 6) | to boost the capacity of key EU networks to promote
  ,
  support
  and further develop
  EU policies
  and political objectives and to promote the views of their member organisations; such networks and organisations must be demonstrably independent organisations and as such free to operate across a broad range of areas which impact on the concerns of their members. |
| --- | --- |

6)

to boost the capacity of key EU networks to promote
  ,
  support
  and further develop
  EU policies
  and political objectives and to promote the views of their member organisations; such networks and organisations must be demonstrably independent organisations and as such free to operate across a broad range of areas which impact on the concerns of their members.

The principle of gender mainstreaming must be taken into account in all Programme sections and activities.

The results achieved in the Programme sections and activities shall be disseminated to those involved and to the public as appropriate. The Commission shall also provide the necessary links to the European Parliament, the relevant non-governmental organisations and the social partners at EU level and conduct regular exchanges of views with them.

Article 3

Structure of the Programme

The Programme shall be divided into the following 5 sections:

| (1) | Employment |
| --- | --- |

(1)

Employment

| (2) | Social protection and inclusion |
| --- | --- |

(2)

Social protection and inclusion

| (3) | Working conditions |
| --- | --- |

(3)

Working conditions

| (4) | Antidiscrimination and diversity |
| --- | --- |

(4)

Antidiscrimination and diversity

| (5) | Gender equality |
| --- | --- |

(5)

Gender equality

Article 4

SECTION 1: Employment

Activities under Section 1 shall support the implementation of the European Employment Strategy by:

| 1) | improving the understanding of the employment situation
  and its prospects
  , in particular through analysis and studies, and the development of statistics and
  common
  indicators; |
| --- | --- |

1)

improving the understanding of the employment situation
  and its prospects
  , in particular through analysis and studies, and the development of statistics and
  common
  indicators;

| 2) | monitoring and evaluating the implementation of the European Employment Guidelines
  and their impact
  and analysing the interaction between the EES, general economic and social policy and
  other policy areas; |
| --- | --- |

2)

monitoring and evaluating the implementation of the European Employment Guidelines
  and their impact
  and analysing the interaction between the EES, general economic and social policy and
  other policy areas;

| 3) | organising exchanges on policies
  , good practice and innovative approaches,
  and promoting mutual learning in the context of the EES; |
| --- | --- |

3)

organising exchanges on policies
  , good practice and innovative approaches,
  and promoting mutual learning in the context of the EES;

| 4) | raising awareness, disseminating information and promoting the debate about employment challenges
  ,
  policies,
  and the implementation of national action plans,
  including among regional and local actors,the social partners and other stakeholders; |
| --- | --- |

4)

raising awareness, disseminating information and promoting the debate about employment challenges
  ,
  policies,
  and the implementation of national action plans,
  including among regional and local actors,the social partners and other stakeholders;

| 5) | attaching particular importance to positive measures to encourage both equal treatment and opportunities for women and men and the fight against discrimination in access to employment, vocational training and advancement. |
| --- | --- |

5)

attaching particular importance to positive measures to encourage both equal treatment and opportunities for women and men and the fight against discrimination in access to employment, vocational training and advancement.

Article 5

SECTION 2: Social protection and inclusion

Activities under Section 2 shall support the implementation of the open method of coordination in the field of social protection and inclusion by:

| 1) | improving the understanding of
  social exclusion and
  poverty issues, social protection and inclusion policies, in particular through analysis and studies and the development of statistics and
  common
  indicators; |
| --- | --- |

1)

improving the understanding of
  social exclusion and
  poverty issues, social protection and inclusion policies, in particular through analysis and studies and the development of statistics and
  common
  indicators;

| 2) | monitoring and evaluating the implementation of the open method of coordination in the field of social protection and inclusion, and analysing the interaction between this method and other policy areas
  and its impact at national and Community level
  ; |
| --- | --- |

2)

monitoring and evaluating the implementation of the open method of coordination in the field of social protection and inclusion, and analysing the interaction between this method and other policy areas
  and its impact at national and Community level
  ;

| 3) | organising exchanges on policies
  , good practice and innovative approaches,
  and promoting mutual learning in the context of the social protection and inclusion strategy; |
| --- | --- |

3)

organising exchanges on policies
  , good practice and innovative approaches,
  and promoting mutual learning in the context of the social protection and inclusion strategy;

| 4) | raising awareness, disseminating information and promoting the debate about the key challenges and policy issues raised in the context of the EU coordination process in the field of social protection and social inclusion, including among non-governmental organisations, regional and local actors and other stakeholders; |
| --- | --- |

4)

raising awareness, disseminating information and promoting the debate about the key challenges and policy issues raised in the context of the EU coordination process in the field of social protection and social inclusion, including among non-governmental organisations, regional and local actors and other stakeholders;

| 5) | developing the capacity of key EU networks to
  support and further develop
  EU policy goals
  and strategies in the field of social protection and social integration
  . |
| --- | --- |

5)

developing the capacity of key EU networks to
  support and further develop
  EU policy goals
  and strategies in the field of social protection and social integration
  .

Article 6

SECTION 3: Working conditions

Activities under Section 3 shall
  , taking due account of the principle of gender mainstreaming,
  support the improvement of the working environment and working conditions, including health and safety at work
  and the reconciliation of work and family life,
  by:

| 1) | improving the understanding of the situation in relation to working conditions, in particular through analysis and studies and the development of statistics and
  quantitative and qualitative
  indicators
  broken down by gender and age group
  , as well as assessing the
  effectiveness and
  impact of existing legislation, policies and practices; |
| --- | --- |

1)

improving the understanding of the situation in relation to working conditions, in particular through analysis and studies and the development of statistics and
  quantitative and qualitative
  indicators
  broken down by gender and age group
  , as well as assessing the
  effectiveness and
  impact of existing legislation, policies and practices;

| 2) | supporting the implementation of EU labour law through
  effective
  monitoring,
  the holding of seminars for those working in the field
  , the development of guidelines and networking amongst specialised bodies
  , including the social partners
  ; |
| --- | --- |

2)

supporting the implementation of EU labour law through
  effective
  monitoring,
  the holding of seminars for those working in the field
  , the development of guidelines and networking amongst specialised bodies
  , including the social partners
  ;

| 3) | initiating preventive actions and
  fostering health
  and safety at work; |
| --- | --- |

3)

initiating preventive actions and
  fostering health
  and safety at work;

| 4) | raising awareness, disseminating information and promoting the debate
  , including discussion between the social partners,
  about the key challenges and policy issues in relation to
  social security,
  working conditions
  and the quality of employment, including the importance of reconciling work and family life
  ; |
| --- | --- |

4)

raising awareness, disseminating information and promoting the debate
  , including discussion between the social partners,
  about the key challenges and policy issues in relation to
  social security,
  working conditions
  and the quality of employment, including the importance of reconciling work and family life
  ;

| 5) | raising awareness, disseminating information and promoting discussion on the general question of illegal employment in order to ensure that the issues of health and safety and working conditions which affect migrants and EU citizens alike will be dealt with and the relevant rules met. |
| --- | --- |

5)

raising awareness, disseminating information and promoting discussion on the general question of illegal employment in order to ensure that the issues of health and safety and working conditions which affect migrants and EU citizens alike will be dealt with and the relevant rules met.

Article 7

SECTION 4: Antidiscrimination and diversity

Activities under Section 4 shall support the effective implementation of the principle of non-discrimination and promote its mainstreaming in
  all
  EU policies by:

| 1) | improving the understanding of the situation in relation to discrimination
  and action taken to combat it,
  in particular through analysis and studies and the development of statistics and indicators, as well as assessing the
  effectiveness and
  impact of existing legislation, policies and practices; |
| --- | --- |

1)

improving the understanding of the situation in relation to discrimination
  and action taken to combat it,
  in particular through analysis and studies and the development of statistics and indicators, as well as assessing the
  effectiveness and
  impact of existing legislation, policies and practices;

| 2) | supporting the implementation of EU anti-discrimination legislation through
  effective
  monitoring,
  the holding of seminars for those working in the field
  and networking amongst specialised bodies dealing with anti-discrimination; |
| --- | --- |

2)

supporting the implementation of EU anti-discrimination legislation through
  effective
  monitoring,
  the holding of seminars for those working in the field
  and networking amongst specialised bodies dealing with anti-discrimination;

| 3) | raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in EU policies,
  including among non-governmental organisations active in the field of anti-discrimination, regional and local actors, the social partners and other stakeholders; |
| --- | --- |

3)

raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in EU policies,
  including among non-governmental organisations active in the field of anti-discrimination, regional and local actors, the social partners and other stakeholders;

| 4) | developing the capacity of key EU networks to
  promote and further develop
  EU policy goals
  and strategies in the field of combating discrimination; such EU networks must also include smaller EU networks including specialised and impairment specific disability non-governmental organisations; such networks and organisations must be demonstrably independent organisations and as such free to operate across a broad range of areas which impact on the concerns of their members. |
| --- | --- |

4)

developing the capacity of key EU networks to
  promote and further develop
  EU policy goals
  and strategies in the field of combating discrimination; such EU networks must also include smaller EU networks including specialised and impairment specific disability non-governmental organisations; such networks and organisations must be demonstrably independent organisations and as such free to operate across a broad range of areas which impact on the concerns of their members.

Article 8

SECTION 5: Gender equality

Activities under Section 5 shall support the effective implementation of the principle of gender equality and promote gender mainstreaming in
  all
  EU policies by:

| 1) | improving the understanding of the situation in relation to gender issues and gender mainstreaming, in particular through analysis and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices; |
| --- | --- |

1)

improving the understanding of the situation in relation to gender issues and gender mainstreaming, in particular through analysis and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;

| 2) | supporting the implementation of EU gender equality legislation through
  effective
  monitoring,
  the holding of seminars for those working in the field
  and networking amongst specialised equality bodies; |
| --- | --- |

2)

supporting the implementation of EU gender equality legislation through
  effective
  monitoring,
  the holding of seminars for those working in the field
  and networking amongst specialised equality bodies;

| 3) | raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to gender equality
  , including the reconciliation of work and family life,
  and
  horizontal
  gender mainstreaming; |
| --- | --- |

3)

raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to gender equality
  , including the reconciliation of work and family life,
  and
  horizontal
  gender mainstreaming;

| 4) | developing the capacity of key EU networks to
  support and further develop
  EU policy goals
  and strategies on gender equality
  . |
| --- | --- |

4)

developing the capacity of key EU networks to
  support and further develop
  EU policy goals
  and strategies on gender equality
  .

Article 9

Types of activities

1.   The Programme shall finance the following types of activities, which may also be implemented across borders
  :

| (a) | Analytical activities






  — | Collection, development and dissemination of data and statistics |
| --- | --- | --- |

(a)

Analytical activities

—

Collection, development and dissemination of data and statistics

| — | Development and dissemination of common methodologies and indicators/benchmarks |
| --- | --- |

—

Development and dissemination of common methodologies and indicators/benchmarks

| — | Carrying-out of studies, analysis and surveys and dissemination of their results |
| --- | --- |

—

Carrying-out of studies, analysis and surveys and dissemination of their results

| — | Carrying-out of evaluations and impact assessments and dissemination of their results |
| --- | --- |

—

Carrying-out of evaluations and impact assessments and dissemination of their results

| — | Elaboration and publication of guides and reports |
| --- | --- |

—

Elaboration and publication of guides and reports

| — | Publication and dissemination of information and educational material via the Internet or other media |
| --- | --- |

—

Publication and dissemination of information and educational material via the Internet or other media

| (b) | Mutual learning, awareness and dissemination activities






  — | Organisation of exchanges on policies, good practice and innovative approaches, and promotion of mutual learning at regional, national, transnational and EU level |
| --- | --- | --- |

(b)

Mutual learning, awareness and dissemination activities

—

Organisation of exchanges on policies, good practice and innovative approaches, and promotion of mutual learning at regional, national, transnational and EU level

| — | Identification of best practices and organisation of peer review by means of meetings/workshops/seminars at EU
  , transnational
  or national level |
| --- | --- |

—

Identification of best practices and organisation of peer review by means of meetings/workshops/seminars at EU
  , transnational
  or national level

| — | Organisation of Presidency conferences/seminars |
| --- | --- |

—

Organisation of Presidency conferences/seminars

| — | Organisation of conferences/seminars in support of the development and implementation of Community law and policy objectives |
| --- | --- |

—

Organisation of conferences/seminars in support of the development and implementation of Community law and policy objectives

| — | Organisation of an annual forum for all interested parties to evaluate progress in achieving the social agenda and on implementation of the individual sections of the Programme, including presentation of results and dialogue on future priorities |
| --- | --- |

—

Organisation of an annual forum for all interested parties to evaluate progress in achieving the social agenda and on implementation of the individual sections of the Programme, including presentation of results and dialogue on future priorities

| — | Organisation of media campaigns and events |
| --- | --- |

—

Organisation of media campaigns and events

| — | Compilation and publication of materials to disseminate information as well as results of the Programme |
| --- | --- |

—

Compilation and publication of materials to disseminate information as well as results of the Programme

| — | Organisation of exchanges between persons active at local level in the EU, as a means of promoting the direct exchange of experiences and awareness of specific national circumstances |
| --- | --- |

—

Organisation of exchanges between persons active at local level in the EU, as a means of promoting the direct exchange of experiences and awareness of specific national circumstances

| (c) | Support for main actors






  — | Contribution to the running costs of key EU networks |
| --- | --- | --- |

(c)

Support for main actors

—

Contribution to the running costs of key EU networks

| — | Organisation of working groups of national officials to monitor the implementation of EU law |
| --- | --- |

—

Organisation of working groups of national officials to monitor the implementation of EU law

| — | Funding of training seminars addressed to
  those working in the field
  , key officials and other relevant actors,
  including representatives of non-governmental organisations and the social partners |
| --- | --- |

—

Funding of training seminars addressed to
  those working in the field
  , key officials and other relevant actors,
  including representatives of non-governmental organisations and the social partners

| — | Networking among specialised bodies at EU level |
| --- | --- |

—

Networking among specialised bodies at EU level

| — | Funding of experts' networks |
| --- | --- |

—

Funding of experts' networks

| — | Funding of EU level observatories |
| --- | --- |

—

Funding of EU level observatories

| — | Exchange of personnel between national administrations |
| --- | --- |

—

Exchange of personnel between national administrations

| — | Cooperation with international institutions |
| --- | --- |

—

Cooperation with international institutions

| — | Cooperation between institutions and local national actors |
| --- | --- |

—

Cooperation between institutions and local national actors

2.   The types of activities provided for in paragraph (1), point ((b) should have a strong European dimension, be of an appropriate scale to ensure real added-value at EU level and be carried out by
  regional or local
  authorities, specialised bodies provided for in Community law or actors which are considered
  to be amongst
  the key
  players
  in their area.

3.
     
  The types of activities should contribute to the areas listed in Article 3, intended to achieve the objectives of the social agenda under the Lisbon Strategy.

4.
     
  The Programme shall not finance any activities in the preparation and implementation of European Years.

Article 10

Access to the Programme

1.   Access to this Programme shall be open to all public and/or private bodies, actors and institutions, in particular:

| — | Member States; |
| --- | --- |

—

Member States;

| — | Employment services
  and employment agencies; |
| --- | --- |

—

Employment services
  and employment agencies;

| — | Local and regional authorities; |
| --- | --- |

—

Local and regional authorities;

| — | Specialised bodies provided for in Community law; |
| --- | --- |

—

Specialised bodies provided for in Community law;

| — | Social partners; |
| --- | --- |

—

Social partners;

| — | Non-governmental organisations organised at
  regional, national or
  EU level; |
| --- | --- |

—

Non-governmental organisations organised at
  regional, national or
  EU level;

| — | Universities and research institutes; |
| --- | --- |

—

Universities and research institutes;

| — | Experts in evaluation; |
| --- | --- |

—

Experts in evaluation;

| — | National statistical offices; |
| --- | --- |

—

National statistical offices;

| — | Media. |
| --- | --- |

—

Media.

2.   The Commission may also directly participate in the Programme in so far as activities under Article 9(1), points (a) and (b) are concerned.

3.
     
  Full access to the activities and results of the Programme shall be given to disabled people. Their particular needs shall be taken into account and additional costs incurred by them in meeting their access needs shall be compensated.

Article 11

Method of application for support

The types of activities referred to in Article 9 may be financed by:

| — | a service contract following a call for tenders, in which case the Eurostat procedures shall apply in respect of cooperation with national Statistical Offices, or |
| --- | --- |

—

a service contract following a call for tenders, in which case the Eurostat procedures shall apply in respect of cooperation with national Statistical Offices, or

| — | partial support, following a call for proposals, in which case, the EU co-financing may not exceed, as a general rule,
  90%
  of the total expenditure incurred by the recipient. Any financial support in excess of this ceiling may only be granted in exceptional circumstances and after close scrutiny. |
| --- | --- |

—

partial support, following a call for proposals, in which case, the EU co-financing may not exceed, as a general rule,
  90%
  of the total expenditure incurred by the recipient. Any financial support in excess of this ceiling may only be granted in exceptional circumstances and after close scrutiny.

In addition, activities referred to in Article 9(1), point (b) may be granted financial support upon application by, for example, Member States.

Article 12

Implementing provisions

All
  measures necessary for the implementation of this Decision,
  in particular those
  relating to the following matters
  ,
  shall be adopted in accordance with the
  advisory
  procedure referred to in Article 13(2):

| (a) | the general guidelines for the implementation of the Programme; |
| --- | --- |

(a)

the general guidelines for the implementation of the Programme;

| (b) | the
  annual
  work programme for the implementation of the Programme, divided up into separate sections
  ; |
| --- | --- |

(b)

the
  annual
  work programme for the implementation of the Programme, divided up into separate sections
  ;

| (c) | the financial support to be granted by the Community; |
| --- | --- |

(c)

the financial support to be granted by the Community;

| (d) | the annual
  budget; |
| --- | --- |

(d)

the annual
  budget;

| (e) | the procedures for selecting the activities to be supported by the Community and the draft list of activities eligible for such support submitted by the Commission; |
| --- | --- |

(e)

the procedures for selecting the activities to be supported by the Community and the draft list of activities eligible for such support submitted by the Commission;

| (f) | criteria for evaluating the Programme, including criteria relating to the cost-benefit ratio and rules for disseminating and passing on the results. |
| --- | --- |

(f)

criteria for evaluating the Programme, including criteria relating to the cost-benefit ratio and rules for disseminating and passing on the results.

Article 13

Committee

1.   The Commission shall be assisted by a Committee
  , divided into five subcommittees corresponding to the five sections of the Programme.

2.   Where reference is made to this paragraph, Articles
  3
  and 7 of Decision 1999/468/EC shall apply,
  having regard to the provisions of Article 8 thereof.

3.   
  The
  Committee shall adopt its rules of procedure.

Article 14

Cooperation with other committees

1.   The Commission shall establish the necessary links with the Social Protection Committee and the Employment Committee in order to ensure that they are regularly and appropriately informed about the implementation of activities referred to in this Decision.

2.
     
  The Commission shall also inform the other relevant committees of the action taken under the five sections of the Programme.

3.   Where appropriate, the Commission shall establish regular and structured cooperation between the Committee referred to in Article 13 and the monitoring committees established for other relevant policies, instruments and actions.

Article 15

Consistency and complementarity

1.   The Commission shall, in cooperation with the Member States, ensure overall consistency with other Union and Community policies, instruments and actions, in particular by establishing appropriate mechanisms to coordinate the activities of the Programme with relevant activities relating to research, justice and home affairs, culture, education, training and youth policy, and in the fields of enlargement and the Community's external relations
  , and with regional policy and general economic policy
  . Special attention should be given to the possible synergies between the present Programme and those in the field of education and training.

2.   The Commission and the Member States shall ensure consistency and complementarity between activities under the Programme and other relevant Union and Community activities, in particular under the Structural Funds, especially the European Social Fund
  , and shall take care to avoid overlap
  .

3.
     
  The Commission shall ensure consistency and complementarity between activities under the Programme, its other activities and those of other relevant European agencies, particularly the activities of the European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training, the European Monitoring Centre on Racism and Xenophobia and the future European Gender Institute, and shall take care to avoid overlap.

4.   The Commission shall ensure that expenditures covered by and charged to the Programme is charged to any other Community financial instrument.

5.   The Commission shall keep the Committee referred to in Article 13 regularly informed of other Community activities under
  the Lisbon strategy
  that contributes to achieving the objectives of the
  social
  agenda.

6.   Member States shall make all possible efforts to ensure consistency and complementarity between activities under the Programme and those carried out at national, regional and local levels.

Article 16

Participation of third countries

The Programme shall be open to the participation of:

| — | the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement; |
| --- | --- |

—

the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement;

| — | the candidate countries associated to the European Union, as well as the western Balkan countries included in the stabilisation and association process. |
| --- | --- |

—

the candidate countries associated to the European Union, as well as the western Balkan countries included in the stabilisation and association process.

Article 17

Financing

1.   The
  indicative
  financial framework for implementing
  this
  Community
  Programme is set at EUR 854,2 million
  for the period
  of 7 years as from
  1 January 2007.

2.   The financial breakdown between the different sections shall respect the following lower limits:

| Section 1 | Employment | 21 % |
| --- | --- | --- |
| Section 2 | Social protection and inclusion | 30% |
| Section 3 | Working conditions | 8 % |
| Section 4 | Antidiscrimination and diversity | 23 % |
| Section 5 | Gender equality | 12% |

Section 1

Employment

21 %

Section 2

Social protection and inclusion

30%

Section 3

Working conditions

8 %

Section 4

Antidiscrimination and diversity

23 %

Section 5

Gender equality

12%

3.   A maximum of 2% of the financial envelope shall be attributed to the implementation of the Programme, to cover, for example, the expenditure related to the functioning of the Committee referred to in Article 13 or the evaluations required under Article 19.

4.   The annual appropriations
  and the allocation of the appropriations to the individual sections of the Programme
  shall be authorised by the budgetary authority within the limits of the financial perspective.
  The allocation of the annual appropriations to the individual sections shall be set out in appropriate fashion in the Budget.

5.   The Commission may have recourse to technical and/or administrative assistance, to the mutual benefit of the Commission and of the beneficiaries, as well as to support expenditure.

Article 18

Protection of the Communities' financial interests

1.   The Commission shall ensure that, when actions financed under the present decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 (15), Council Regulation (Euratom, EC) No 2185/96 (16), and Regulation (EC) No 1073/1999 of the European Parliament and of the Council (17).

2.   For Community actions financed under this Decision, the notion of irregularity referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by them, by an unjustified item of expenditure.

3.   Contracts and agreements, as well as agreements with participating third countries resulting from this Decision, shall provide in particular for supervision and financial control by the Commission (or any representative authorised by it) and audits by the Court of Auditors, including, if necessary, on-the-spot audits.

Article 19

Monitoring and evaluation

1.   In order to ensure regular monitoring of the Programme and allow for any necessary reorientations, annual activity reports shall be drawn up by the Commission and transmitted to the Committee referred to in Article 13
  and to the European Parliament
  .

2.   The various sections of the Programme shall also be the subject of a mid-term evaluation, which will provide an overview of the Programme as a whole in order to measure the progress made towards meeting the objectives of the Programme and its EU added value. This evaluation may be supplemented by on-going evaluations. These shall be carried out by the Commission with the assistance of external experts. When available, their results shall be reported in the activity reports referred to in paragraph 1
  and transmitted to the European Parliament
  .

3.   
  The
  Commission
  shall submit
  to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

| (a) | by 31 December 2010 an interim report evaluating the results achieved and the qualitative and quantitative aspects of implementing the Programme, |
| --- | --- |

(a)

by 31 December 2010 an interim report evaluating the results achieved and the qualitative and quantitative aspects of implementing the Programme,

| (b) | in the context of proposals for the next financial perspectives, by 31 December 2011 a communication on continuing the Programme, and |
| --- | --- |

(b)

in the context of proposals for the next financial perspectives, by 31 December 2011 a communication on continuing the Programme, and

| (c) | by 31 December 2015, with the assistance of external experts, an ex-post evaluation report to measure the impact of the Programme objectives and its EU added value. |
| --- | --- |

(c)

by 31 December 2015, with the assistance of external experts, an ex-post evaluation report to measure the impact of the Programme objectives and its EU added value.

4.
     
  The Commission shall ensure that, as part of the monitoring and evaluation process, assessment is undertaken of the extent to which measures have been taken to ensure accessibility for disabled people to the activities and the results of the Programme.

Article 20

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

OJ C

(2)  
  OJ C 164, 5.7.2005, p. 48.

2

OJ C 164, 5.7.2005, p. 48.

(3)  Position of the European Parliament of 6 September 2005.

3

Position of the European Parliament of 6 September 2005.

(4)  OJ L 303, 2.12.2000, p. 23.

4

(5)  OJ L 17, 19.11.2001, p. 22.

5

(6)  OJ L 10, 12.1.2002, p. 1.

6

(7)  OJ L 170, 29.6.2002, p. 1.

7

(8)  OJ L 157, 30.4.2004, p. 18. Corrected in OJ L 195, 2.6.2004, p. 7.

8

(9)  OJ L 180, 19.7.2000, p. 22.

9

(10)  OJ L 303, 2.12.2000, p. 16.

10

(11)  OJ L 373, 21.12.2004, p. 37.

11

(12)  OJ C 172, 18.6.1999, p. 1.

12

(13)  OJ L 184, 17.7.1999, p. 23.

13

(14)  Commission Communication on the Social Agenda (COM(2005)0033).

14

(15)  
  OJ L 312, 23.12.1995, p. 1.

15

OJ L 312, 23.12.1995, p. 1.

(16)  
  OJ L 292, 15.11.1996, p. 2.

16

OJ L 292, 15.11.1996, p. 2.

(17)  
  OJ L 136, 31.5.1999, p. 1.

17

OJ L 136, 31.5.1999, p. 1.

P6_TA(2005)0321

Textiles and clothing after 2005

European Parliament resolution on textiles and clothing after 2005 (2004/2265(INI))

The European Parliament,

| — | having regard to the Commission communication of 13 October 2004 entitled ‘Textiles and clothing after 2005 — Recommendations of the High Level Group for textiles and clothing’ (COM(2004)0668), |
| --- | --- |

—

having regard to the Commission communication of 13 October 2004 entitled ‘Textiles and clothing after 2005 — Recommendations of the High Level Group for textiles and clothing’ (COM(2004)0668),

| — | having regard to the Commission Notice on the application of Article 10a of Council Regulation (EEC) No 3030/93 concerning a textiles-specific safeguard clause (1), |
| --- | --- |

—

having regard to the Commission Notice on the application of Article 10a of Council Regulation (EEC) No 3030/93 concerning a textiles-specific safeguard clause (1),

| — | having regard to the Commission communication of 29 October 2003 on ‘The future of the textiles and clothing sector in the enlarged European Union’ (COM(2003)0649), |
| --- | --- |

—

having regard to the Commission communication of 29 October 2003 on ‘The future of the textiles and clothing sector in the enlarged European Union’ (COM(2003)0649),

| — | having regard to the Commission communication of 11 December 2002 entitled ‘Industrial Policy in an Enlarged Europe’ (COM(2002)0714), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2002 entitled ‘Industrial Policy in an Enlarged Europe’ (COM(2002)0714),

| — | having regard to the Commission communication on a ‘Plan of action to increase the competitiveness of the European textile and clothing industry’ (COM(1997)0454 — C4-0626/1997), |
| --- | --- |

—

having regard to the Commission communication on a ‘Plan of action to increase the competitiveness of the European textile and clothing industry’ (COM(1997)0454 — C4-0626/1997),

| — | having regard to the Commission report entitled ‘The impact of the internal market on the employment of women in the textile and clothing industries’ (2), |
| --- | --- |

—

having regard to the Commission report entitled ‘The impact of the internal market on the employment of women in the textile and clothing industries’ (2),

| — | having regard to the Commission's ‘Guidelines for Member States’ Employment Policies (COM(1997) 0497), |
| --- | --- |

—

having regard to the Commission's ‘Guidelines for Member States’ Employment Policies (COM(1997) 0497),

| — | having regard to its resolution of 14 November 1996 on the impact of international developments on the Community's textile and clothing sector (3), |
| --- | --- |

—

having regard to its resolution of 14 November 1996 on the impact of international developments on the Community's textile and clothing sector (3),

| — | having regard to its resolution of 10 April 1992 on a Community initiative to assist areas highly dependent on the textiles and clothing industry — RETEX (4), |
| --- | --- |

—

having regard to its resolution of 10 April 1992 on a Community initiative to assist areas highly dependent on the textiles and clothing industry — RETEX (4),

| — | having regard to its resolution of 11 October 1990 on the possible renewal of the Multifibre Arrangement or the subsequent regime after 1991 (5), |
| --- | --- |

—

having regard to its resolution of 11 October 1990 on the possible renewal of the Multifibre Arrangement or the subsequent regime after 1991 (5),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade and the opinions of the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development and the Committee on Legal Affairs (A6-0193/2005), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinions of the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development and the Committee on Legal Affairs (A6-0193/2005),

| A. | whereas the Union's textile and clothing industry, which mostly consists of small and medium-sized enterprises (SMEs), and which is highly labour-intensive, is a key sector that can look forward to a promising future if social and environmental rules, and guarantees of compliance with them, are brought in at the same time as markets are opened up, and if innovation takes place, |
| --- | --- |

A.

whereas the Union's textile and clothing industry, which mostly consists of small and medium-sized enterprises (SMEs), and which is highly labour-intensive, is a key sector that can look forward to a promising future if social and environmental rules, and guarantees of compliance with them, are brought in at the same time as markets are opened up, and if innovation takes place,

| B. | whereas because import quotas have been definitively abolished, the industry has had to contend since 1 January 2005 with soaring imports, not least from China, which have entailed unprecedented job losses both within the EU and in developing countries which traditionally supply the EU such as Sri Lanka, Morocco, etc., |
| --- | --- |

B.

whereas because import quotas have been definitively abolished, the industry has had to contend since 1 January 2005 with soaring imports, not least from China, which have entailed unprecedented job losses both within the EU and in developing countries which traditionally supply the EU such as Sri Lanka, Morocco, etc.,

| C. | notes that the abolition of quotas in the textile and clothing sector could have harmful consequences in the least-favoured regions, possibly contributing to a reduction in regional per capita GDP, a situation which justifies an adequate response, |
| --- | --- |

C.

notes that the abolition of quotas in the textile and clothing sector could have harmful consequences in the least-favoured regions, possibly contributing to a reduction in regional per capita GDP, a situation which justifies an adequate response,

| D. | whereas the central problem concerning trade with China is that China is by no means a free market and that most textile firms are still State-owned, receive interest-free loans via State banks, as well as systematic export subsidies, covert State aid and free electricity, which does not amount to a smooth functioning of the market, |
| --- | --- |

D.

whereas the central problem concerning trade with China is that China is by no means a free market and that most textile firms are still State-owned, receive interest-free loans via State banks, as well as systematic export subsidies, covert State aid and free electricity, which does not amount to a smooth functioning of the market,

| E. | pointing out that simultaneous massive reductions in the prices of particular product groups can indeed benefit European consumers, but that the combination of record imports and low prices may confront the indigenous clothing industry with an almost impossible task, |
| --- | --- |

E.

pointing out that simultaneous massive reductions in the prices of particular product groups can indeed benefit European consumers, but that the combination of record imports and low prices may confront the indigenous clothing industry with an almost impossible task,

| F. | whereas it is up to firms to tackle the challenges related to liberalisation but it is the task of public authorities to establish the conditions whereby firms can be competitive and markets genuinely opened up across the board, on a basis of reciprocity, |
| --- | --- |

F.

whereas it is up to firms to tackle the challenges related to liberalisation but it is the task of public authorities to establish the conditions whereby firms can be competitive and markets genuinely opened up across the board, on a basis of reciprocity,

| G. | recognising that China is well able to compete in many textile and clothing industry product groups and in many ways has developed its strengths (mass production, low wages) in close cooperation with the European industry, |
| --- | --- |

G.

recognising that China is well able to compete in many textile and clothing industry product groups and in many ways has developed its strengths (mass production, low wages) in close cooperation with the European industry,

| H. | whereas there is a need to prevent the least developed countries (LDCs) from being the big losers in the ongoing liberalisation and to ensure that the working conditions and standard of living for their labour forces do not worsen, and whereas in poorer countries between 70 and 80 percent of the workers in the clothing sector are women, |
| --- | --- |

H.

whereas there is a need to prevent the least developed countries (LDCs) from being the big losers in the ongoing liberalisation and to ensure that the working conditions and standard of living for their labour forces do not worsen, and whereas in poorer countries between 70 and 80 percent of the workers in the clothing sector are women,

| I. | whereas when China joined, the members of the World Trade Organization (WTO) were authorised to lay down special safeguard provisions, to apply until the end of 2008, enabling quantitative restrictions to be imposed on Chinese exports if, for example, the market were to be disrupted or the ‘orderly development of trade’ impeded, |
| --- | --- |

I.

whereas when China joined, the members of the World Trade Organization (WTO) were authorised to lay down special safeguard provisions, to apply until the end of 2008, enabling quantitative restrictions to be imposed on Chinese exports if, for example, the market were to be disrupted or the ‘orderly development of trade’ impeded,

| J. | whereas 70 % of all counterfeit goods dumped on the European market come from China, and half of all European customs procedures against counterfeiting relate to textiles and clothing, with nearly five million counterfeit articles and accessories of clothing being confiscated by customs annually, |
| --- | --- |

J.

whereas 70 % of all counterfeit goods dumped on the European market come from China, and half of all European customs procedures against counterfeiting relate to textiles and clothing, with nearly five million counterfeit articles and accessories of clothing being confiscated by customs annually,

| K. | having regard to the social and economic cost of piracy and counterfeiting and their harmful effects on creativity and innovation, particularly for European textile firms which have in recent years concentrated increasingly on products with a higher added value, and which are thus seeing inroads made into their creativity and innovation, one of the last areas in which the European textile sector had a clear advantage, |
| --- | --- |

K.

having regard to the social and economic cost of piracy and counterfeiting and their harmful effects on creativity and innovation, particularly for European textile firms which have in recent years concentrated increasingly on products with a higher added value, and which are thus seeing inroads made into their creativity and innovation, one of the last areas in which the European textile sector had a clear advantage,

| L. | whereas, as the Barcelona Process approaches its tenth anniversary, the time has come to act to build a close relationship between the two shores of the Mediterranean and widen the range of winning strategies for sustainable development and to boost national and regional markets in this region, and ensure effective solidarity in the spirit of joint development, |
| --- | --- |

L.

whereas, as the Barcelona Process approaches its tenth anniversary, the time has come to act to build a close relationship between the two shores of the Mediterranean and widen the range of winning strategies for sustainable development and to boost national and regional markets in this region, and ensure effective solidarity in the spirit of joint development,

| M. | whereas Member States may not adopt measures independently because they have delegated trade policy to the exclusive competence of the EU, |
| --- | --- |

M.

whereas Member States may not adopt measures independently because they have delegated trade policy to the exclusive competence of the EU,

| N. | seeing in bilateral agreements between the EU and China an opportunity to overcome the enormous challenges in a fair, transparent and future-facing way, |
| --- | --- |

N.

seeing in bilateral agreements between the EU and China an opportunity to overcome the enormous challenges in a fair, transparent and future-facing way,

| O. | having regard to the serious social and human difficulties created by the many business closures and job losses in the textile sector, particularly in recent years and even more since the beginning of 2005, and the very disturbing forecasts by the European Apparel and Textile Association (Euratex), |
| --- | --- |

O.

having regard to the serious social and human difficulties created by the many business closures and job losses in the textile sector, particularly in recent years and even more since the beginning of 2005, and the very disturbing forecasts by the European Apparel and Textile Association (Euratex),

| P. | taking the view that the EU's policy to date of supporting structural change has been generally successful, |
| --- | --- |

P.

taking the view that the EU's policy to date of supporting structural change has been generally successful,

| Q. | having regard to the need for State action to continue modernising and redeveloping the textile industry as well as for innovation, research, training workers and social measures to assist with changes, |
| --- | --- |

Q.

having regard to the need for State action to continue modernising and redeveloping the textile industry as well as for innovation, research, training workers and social measures to assist with changes,

| R. | whereas the regions of the EU most affected by job losses in the textile sector are often already very disadvantaged in terms of unemployment or wealth, and whereas destabilising this economic sector will only increase inequalities among different areas in the EU, |
| --- | --- |

R.

whereas the regions of the EU most affected by job losses in the textile sector are often already very disadvantaged in terms of unemployment or wealth, and whereas destabilising this economic sector will only increase inequalities among different areas in the EU,

| 1. | Expresses its concern at the abnormally high growth in the amount of non-EU textile products, especially from China, imported into the EU since the WTO Agreement on Textiles and Clothing expired on 1 January 2005 and quotas were abolished, a fact which, combined with the prospect of still greater increases, will have far-reaching implications for employment in the European textile and clothing industry, a strategic sector with great potential for the future and marked by a high level of regional concentration, and one which consists primarily of small- and micro-scale enterprises and a predominantly female workforce; |
| --- | --- |

1.

Expresses its concern at the abnormally high growth in the amount of non-EU textile products, especially from China, imported into the EU since the WTO Agreement on Textiles and Clothing expired on 1 January 2005 and quotas were abolished, a fact which, combined with the prospect of still greater increases, will have far-reaching implications for employment in the European textile and clothing industry, a strategic sector with great potential for the future and marked by a high level of regional concentration, and one which consists primarily of small- and micro-scale enterprises and a predominantly female workforce;

| 2. | Calls on the Commission to encourage all the WTO countries, apart from the most vulnerable developing countries, to use the Doha Development Agenda negotiations to secure reciprocal, fair and comparable market access conditions for large-scale textile and clothing producers and recognition of ethical, social and environmental clauses; |
| --- | --- |

2.

Calls on the Commission to encourage all the WTO countries, apart from the most vulnerable developing countries, to use the Doha Development Agenda negotiations to secure reciprocal, fair and comparable market access conditions for large-scale textile and clothing producers and recognition of ethical, social and environmental clauses;

| 3. | Calls on the Commission to carry out a study on the way in which the gradual liberalisation of the sector within the framework of the WTO is affecting economic, social and territorial cohesion, particularly in the less-favoured regions which are heavily dependent on the sector; |
| --- | --- |

3.

Calls on the Commission to carry out a study on the way in which the gradual liberalisation of the sector within the framework of the WTO is affecting economic, social and territorial cohesion, particularly in the less-favoured regions which are heavily dependent on the sector;

| 4. | Calls on the Commission to step up economic and political pressure on third countries with the objective of achieving the progressive implementation of social and ecological standards in those countries; |
| --- | --- |

4.

Calls on the Commission to step up economic and political pressure on third countries with the objective of achieving the progressive implementation of social and ecological standards in those countries;

| 5. | Calls on the WTO to do away more quickly with non-tariff barriers to trade and harmonise the technical rules, for example by applying the principle of mutual recognition; |
| --- | --- |

5.

Calls on the WTO to do away more quickly with non-tariff barriers to trade and harmonise the technical rules, for example by applying the principle of mutual recognition;

| 6. | Calls on the Commission to draw up its future mandate for trade negotiations in such a way that trade can be organised to allow improvement of working conditions, protection and improvement of social rights and effective environmental protection; |
| --- | --- |

6.

Calls on the Commission to draw up its future mandate for trade negotiations in such a way that trade can be organised to allow improvement of working conditions, protection and improvement of social rights and effective environmental protection;

| 7. | Calls on the Commission to exert political and economic pressure to bring about the relaxation of the artificially undervalued Chinese currency, which is at odds with the gradual liberalisation of world trade; |
| --- | --- |

7.

Calls on the Commission to exert political and economic pressure to bring about the relaxation of the artificially undervalued Chinese currency, which is at odds with the gradual liberalisation of world trade;

| 8. | Calls on the Commission to simplify the procedures designed to make anti-dumping arrangements easier for SMEs to use and calls for the anti-dumping procedure to be made more transparent; |
| --- | --- |

8.

Calls on the Commission to simplify the procedures designed to make anti-dumping arrangements easier for SMEs to use and calls for the anti-dumping procedure to be made more transparent;

| 9. | Insists that the Commission enforce the Regulation on barriers to trade when unfair practices are detected, and provide itself with an effective monitoring instrument enabling it systematically to identify such practices and to activate the necessary retaliatory measures very rapidly; |
| --- | --- |

9.

Insists that the Commission enforce the Regulation on barriers to trade when unfair practices are detected, and provide itself with an effective monitoring instrument enabling it systematically to identify such practices and to activate the necessary retaliatory measures very rapidly;

| 10. | Stresses that world trade, including trade with China, can only be regarded as a ‘challenge’ rather than as a ‘threat’ by the European textile sector if there is a level playing field and both sides play according to the rules of trade, which has hitherto certainly not been the case; |
| --- | --- |

10.

Stresses that world trade, including trade with China, can only be regarded as a ‘challenge’ rather than as a ‘threat’ by the European textile sector if there is a level playing field and both sides play according to the rules of trade, which has hitherto certainly not been the case;

| 11. | Takes note of the ‘Memorandum of Understanding’ concluded between the Commission and China on 10 June 2005, with regard to the limitation of certain Chinese textile exports; however, calls on the Commission and the Council to extend the coverage of that agreement to other categories of textiles where necessary and to ensure transparency as to the basis for the calculation of the export limitations; insists that the safeguard clauses be applied in the event of an inappropriate application of the agreement; |
| --- | --- |

11.

Takes note of the ‘Memorandum of Understanding’ concluded between the Commission and China on 10 June 2005, with regard to the limitation of certain Chinese textile exports; however, calls on the Commission and the Council to extend the coverage of that agreement to other categories of textiles where necessary and to ensure transparency as to the basis for the calculation of the export limitations; insists that the safeguard clauses be applied in the event of an inappropriate application of the agreement;

| 12. | Urges the Commission to remain vigilant in the face of the implications of the safeguard measures taken by the United States on textiles and clothing, and particularly on China's distortion of trade in textiles and clothing; |
| --- | --- |

12.

Urges the Commission to remain vigilant in the face of the implications of the safeguard measures taken by the United States on textiles and clothing, and particularly on China's distortion of trade in textiles and clothing;

| 13. | Calls on the Commission and the Member States actively to support research, innovation and lifelong vocational training through specific measures within the framework of the EU Funds, with the aim of strengthening competition in the EU textile and clothing sector and more particularly in SMEs affected by the abolition of quotas since 1 January 2005, and providing assistance to SMEs in order to alleviate the consequences of production transfers; |
| --- | --- |

13.

Calls on the Commission and the Member States actively to support research, innovation and lifelong vocational training through specific measures within the framework of the EU Funds, with the aim of strengthening competition in the EU textile and clothing sector and more particularly in SMEs affected by the abolition of quotas since 1 January 2005, and providing assistance to SMEs in order to alleviate the consequences of production transfers;

| 14. | Stresses that, as well as the interests of European manufacturing industry, the long-term interests of European importers must also be taken into account; |
| --- | --- |

14.

Stresses that, as well as the interests of European manufacturing industry, the long-term interests of European importers must also be taken into account;

| 15. | Urges the Commission at the same time to protect intellectual property rights more securely in accordance with the WTO TRIPS Agreement so as to enable effective steps to be taken to combat counterfeiting and piracy; calls also on the Commission to take a forceful attitude so as to ensure compliance with the TRIPS Agreement (in particular Article 25(2) thereof) as regards textile designs and models on markets outside the Community, and to provide for strict retaliatory measures in the event of non-compliance; considers that appropriate measures should also be taken against those who are complicit in counterfeiting and piracy; |
| --- | --- |

15.

Urges the Commission at the same time to protect intellectual property rights more securely in accordance with the WTO TRIPS Agreement so as to enable effective steps to be taken to combat counterfeiting and piracy; calls also on the Commission to take a forceful attitude so as to ensure compliance with the TRIPS Agreement (in particular Article 25(2) thereof) as regards textile designs and models on markets outside the Community, and to provide for strict retaliatory measures in the event of non-compliance; considers that appropriate measures should also be taken against those who are complicit in counterfeiting and piracy;

| 16. | In this regard, considers that there is a need to go further than measures to raise awareness and inform enterprises within the China-Europe working group, and for the Commission to be able to ensure that China imposes more severe penalties on counterfeiters and pirates; |
| --- | --- |

16.

In this regard, considers that there is a need to go further than measures to raise awareness and inform enterprises within the China-Europe working group, and for the Commission to be able to ensure that China imposes more severe penalties on counterfeiters and pirates;

| 17. | Points to the importance of consolidating the principle of corporate social responsibility, strict respect for International Labour Organization rules and conventions and international conventions on the environment and human rights, ensuring sustainable development by incorporating these principles into EU bilateral and multilateral trade agreements; |
| --- | --- |

17.

Points to the importance of consolidating the principle of corporate social responsibility, strict respect for International Labour Organization rules and conventions and international conventions on the environment and human rights, ensuring sustainable development by incorporating these principles into EU bilateral and multilateral trade agreements;

| 18. | Urges the Commission to promote increased transparency about all production sites of textile and clothing products which involve European companies, and the labour standards applied at these sites; |
| --- | --- |

18.

Urges the Commission to promote increased transparency about all production sites of textile and clothing products which involve European companies, and the labour standards applied at these sites;

| 19. | Calls on the Commission to upgrade the institutional framework of the WTO and bilateral trade agreements with a view to combating effectively all modern forms of slavery, child labour and exploitation and above all exploitation women working in the textile and clothing sector in third countries, to ensure compliance with the fundamental rights of workers and prevent social dumping; |
| --- | --- |

19.

Calls on the Commission to upgrade the institutional framework of the WTO and bilateral trade agreements with a view to combating effectively all modern forms of slavery, child labour and exploitation and above all exploitation women working in the textile and clothing sector in third countries, to ensure compliance with the fundamental rights of workers and prevent social dumping;

| 20. | Calls on China as a member of the ILO to comply with the agreed labour directives and basic environmental imperatives, and to punish infringements; |
| --- | --- |

20.

Calls on China as a member of the ILO to comply with the agreed labour directives and basic environmental imperatives, and to punish infringements;

| 21. | Calls on the Commission to launch an ambitious initiative at international level to achieve a better balance in the competences, power and strength of the various international organisations and calls for effective implementation of the treaties on social rights, human rights and environmental protection; |
| --- | --- |

21.

Calls on the Commission to launch an ambitious initiative at international level to achieve a better balance in the competences, power and strength of the various international organisations and calls for effective implementation of the treaties on social rights, human rights and environmental protection;

| 22. | Maintains that support for the adaptation of the sector must be regarded as an objective of EUpolicy, including EU structural policy; |
| --- | --- |

22.

Maintains that support for the adaptation of the sector must be regarded as an objective of EUpolicy, including EU structural policy;

| 23. | Is aware of the fact that the safeguard provisions, the immediate application of which is being called for as provided for under the WTO rules, apply only temporarily; calls on the Commission to develop a transitional practical plan to assist restructuring and retraining for the entire textile and clothing sector, with a view to safeguarding its future and its competitiveness on international markets; |
| --- | --- |

23.

Is aware of the fact that the safeguard provisions, the immediate application of which is being called for as provided for under the WTO rules, apply only temporarily; calls on the Commission to develop a transitional practical plan to assist restructuring and retraining for the entire textile and clothing sector, with a view to safeguarding its future and its competitiveness on international markets;

| 24. | Stresses the need to consider a transitional approach for the sector at Community level and urges the Commission to take this into account, given the exceptional nature and the urgency of the challenges facing the sector; also points out that social dialogue has a key role to play in matters related to modernisation and to finding ways to accommodate the changes needed to make the sector competitive; |
| --- | --- |

24.

Stresses the need to consider a transitional approach for the sector at Community level and urges the Commission to take this into account, given the exceptional nature and the urgency of the challenges facing the sector; also points out that social dialogue has a key role to play in matters related to modernisation and to finding ways to accommodate the changes needed to make the sector competitive;

| 25. | Calls on the Commission to propose that any enterprise wishing to export to the EU must declare its respect for international social and environmental rights, and that any imports into the EU of products that infringe such rights, particularly products made by prisoners, children or forced labour by workers without trade union rights will be prohibited; |
| --- | --- |

25.

Calls on the Commission to propose that any enterprise wishing to export to the EU must declare its respect for international social and environmental rights, and that any imports into the EU of products that infringe such rights, particularly products made by prisoners, children or forced labour by workers without trade union rights will be prohibited;

| 26. | Stresses the importance of introducing mandatory origin and producer-name labelling for products in this sector to enable consumers to be aware of the origin of products; |
| --- | --- |

26.

Stresses the importance of introducing mandatory origin and producer-name labelling for products in this sector to enable consumers to be aware of the origin of products;

| 27. | Calls on the Commission and the Member States to take stronger measures to combat the phenomenon of counterfeiting textile and clothing products and to protect European consumers; |
| --- | --- |

27.

Calls on the Commission and the Member States to take stronger measures to combat the phenomenon of counterfeiting textile and clothing products and to protect European consumers;

| 28. | Calls, therefore, on the Commission to propose an amendment to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6) with a view to introducing customs checks to identify products accompanied by false declarations of origin; |
| --- | --- |

28.

Calls, therefore, on the Commission to propose an amendment to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6) with a view to introducing customs checks to identify products accompanied by false declarations of origin;

| 29. | Calls for the EU to maintain, after 2006, the European Structural Funds in all European textile-producing regions, intended to provide aid for research, innovation, vocational training and SMEs; |
| --- | --- |

29.

Calls for the EU to maintain, after 2006, the European Structural Funds in all European textile-producing regions, intended to provide aid for research, innovation, vocational training and SMEs;

| 30. | Calls on the Commission to use any reserve in the Structural Funds for resolving unexpected local and sectoral crises and for facilitating business start-ups and supporting SMEs in the affected regions, in order to encourage job creation in other sectors; |
| --- | --- |

30.

Calls on the Commission to use any reserve in the Structural Funds for resolving unexpected local and sectoral crises and for facilitating business start-ups and supporting SMEs in the affected regions, in order to encourage job creation in other sectors;

| 31. | Repeats its view that EU support for companies under the numerous opportunities offered by the Structural Funds should depend on specific commitments regarding employment and local and regional development which accord with the thinking behind the Lisbon strategy; |
| --- | --- |

31.

Repeats its view that EU support for companies under the numerous opportunities offered by the Structural Funds should depend on specific commitments regarding employment and local and regional development which accord with the thinking behind the Lisbon strategy;

| 32. | Calls on the Commission to conduct a new study to determine what measures might be taken to support the textile industry in developing countries and LDCs, for which textile exports are vital, to increase their production and boost their national and regional markets; |
| --- | --- |

32.

Calls on the Commission to conduct a new study to determine what measures might be taken to support the textile industry in developing countries and LDCs, for which textile exports are vital, to increase their production and boost their national and regional markets;

| 33. | Urges that the requisite facilities be set up in LDCs to improve their capacity to compete on international textile markets and to promote regional cooperation; |
| --- | --- |

33.

Urges that the requisite facilities be set up in LDCs to improve their capacity to compete on international textile markets and to promote regional cooperation;

| 34. | Recognises that liberalisation affects men and women differently, and that the risk of collapse of the clothing industry in many poor countries after the abolition of the quotas risks severely weakening the position of women in those countries; |
| --- | --- |

34.

Recognises that liberalisation affects men and women differently, and that the risk of collapse of the clothing industry in many poor countries after the abolition of the quotas risks severely weakening the position of women in those countries;

| 35. | Points out, as regards the GSP, that, to preserve the production and export capacity of the most vulnerable countries, preferences must continue to operate in their favour, in line with Parliament's abovementioned resolution, which envisages graduation mechanisms to withdraw tariff advantages from products originating in a beneficiary country which has reached a high level of competitiveness in a given section, precisely with the aim of helping the most vulnerable countries in the world textile and clothing trade; |
| --- | --- |

35.

Points out, as regards the GSP, that, to preserve the production and export capacity of the most vulnerable countries, preferences must continue to operate in their favour, in line with Parliament's abovementioned resolution, which envisages graduation mechanisms to withdraw tariff advantages from products originating in a beneficiary country which has reached a high level of competitiveness in a given section, precisely with the aim of helping the most vulnerable countries in the world textile and clothing trade;

| 36. | Advocates a Euro-Mediterranean partnership to boost cooperation in, and the competitiveness of, the sector by means of a pro-active policy in support of training, R & D, technological innovation, the dissemination of good practice, and the exchange of market intelligence; recommends that a Euro-Mediterranean network of schools, training institutes, and technical centres with expertise in the textile and clothing sector be set up to promote technical partnership, training, and joint research programmes; |
| --- | --- |

36.

Advocates a Euro-Mediterranean partnership to boost cooperation in, and the competitiveness of, the sector by means of a pro-active policy in support of training, R & D, technological innovation, the dissemination of good practice, and the exchange of market intelligence; recommends that a Euro-Mediterranean network of schools, training institutes, and technical centres with expertise in the textile and clothing sector be set up to promote technical partnership, training, and joint research programmes;

| 37. | Calls on the Commission, in line with the criteria set out in its Communication of 16 March 2005 entitled ‘The rules of origin in preferential trade arrangements — Orientations for the future (COM(2005) 0100), to consider carefully how the rules might be simplified and made more flexible and the need for more effective monitoring of their application to prevent preferences being misused; and hopes that the new regulations will guarantee compliance with these rules and fulfilment of the commitments made to the Euro-Mediterranean area; urges that an impact study be conducted of the simplified preferential rules of origin for the textile and clothing industry sector in the EU and the LDCs;’ |
| --- | --- |

37.

Calls on the Commission, in line with the criteria set out in its Communication of 16 March 2005 entitled ‘The rules of origin in preferential trade arrangements — Orientations for the future (COM(2005) 0100), to consider carefully how the rules might be simplified and made more flexible and the need for more effective monitoring of their application to prevent preferences being misused; and hopes that the new regulations will guarantee compliance with these rules and fulfilment of the commitments made to the Euro-Mediterranean area; urges that an impact study be conducted of the simplified preferential rules of origin for the textile and clothing industry sector in the EU and the LDCs;’

| 38. | Urges the Commission to take rapid action and make an immediate commitment with a view to the setting-up of a consolidated market under the Euro-Mediterranean association agreements and to the rapid conclusion and effective implementation of bilateral agreements between Mediterranean countries so as to facilitate the free movement of goods within the Euro-Mediterranean area as a whole; advocates the establishment of a common customs framework for the area; |
| --- | --- |

38.

Urges the Commission to take rapid action and make an immediate commitment with a view to the setting-up of a consolidated market under the Euro-Mediterranean association agreements and to the rapid conclusion and effective implementation of bilateral agreements between Mediterranean countries so as to facilitate the free movement of goods within the Euro-Mediterranean area as a whole; advocates the establishment of a common customs framework for the area;

| 39. | Points out that lack of access to funding and the unsuitability of some financial instruments continue to be a major barrier to SMEs in the sector, as well as in many other sectors of the European economy; calls on the Commission to examine relevant measures and incentives to keep part of the production chain in the countries of the Euro-Mediterranean area, the enlargement countries, and the countries covered by the European Neighbourhood and Partnership policies; |
| --- | --- |

39.

Points out that lack of access to funding and the unsuitability of some financial instruments continue to be a major barrier to SMEs in the sector, as well as in many other sectors of the European economy; calls on the Commission to examine relevant measures and incentives to keep part of the production chain in the countries of the Euro-Mediterranean area, the enlargement countries, and the countries covered by the European Neighbourhood and Partnership policies;

| 40. | Calls for the outcome of discussions among the Member States to be such as to enable cumulation of origin to be applied sooner to all vulnerable countries and the countries of the southern Mediterranean; |
| --- | --- |

40.

Calls for the outcome of discussions among the Member States to be such as to enable cumulation of origin to be applied sooner to all vulnerable countries and the countries of the southern Mediterranean;

| 41. | Calls for a Euro-Mediterranean production area to be established, since this is the only way to ensure that countries on the southern as well as the northern shore of the Mediterranean will be able to stand firm against the American and Asian regional blocs and protect industrial manufacturing and jobs; considers that specific European appropriations are needed to support programmes for research, innovation or cooperation in this connection; |
| --- | --- |

41.

Calls for a Euro-Mediterranean production area to be established, since this is the only way to ensure that countries on the southern as well as the northern shore of the Mediterranean will be able to stand firm against the American and Asian regional blocs and protect industrial manufacturing and jobs; considers that specific European appropriations are needed to support programmes for research, innovation or cooperation in this connection;

| 42. | Calls on the Commission to study carefully the effects of the new policy on chemical substances (REACH) on the sector, particularly its impact on competitiveness, focusing more specifically on SMEs, and to adapt the proposals in such a way that imported goods do not have an advantage over those produced in the EU; |
| --- | --- |

42.

Calls on the Commission to study carefully the effects of the new policy on chemical substances (REACH) on the sector, particularly its impact on competitiveness, focusing more specifically on SMEs, and to adapt the proposals in such a way that imported goods do not have an advantage over those produced in the EU;

| 43. | Urges the Commission to study all the parameters related to REACH, particularly the implications in terms of increased costs, capacity for innovation and impact on competition between products manufactured in the EU and products imported from third countries, which must be subject to a detailed impact study taking account of the effects on SMEs; |
| --- | --- |

43.

Urges the Commission to study all the parameters related to REACH, particularly the implications in terms of increased costs, capacity for innovation and impact on competition between products manufactured in the EU and products imported from third countries, which must be subject to a detailed impact study taking account of the effects on SMEs;

| 44. | Calls on the Commission to explore instruments for the support of the Mediterranean clothing industry and its integration in measures designed to strengthen a Euro-Mediterranean production area in the sector of textiles and clothing; |
| --- | --- |

44.

Calls on the Commission to explore instruments for the support of the Mediterranean clothing industry and its integration in measures designed to strengthen a Euro-Mediterranean production area in the sector of textiles and clothing;

| 45. | Calls for a European textile plan to be established defining a specific budget for research, innovation, training and support for SMEs and also for renovating sites and retraining workers, considers it essential to promote European social dialogue and consultation with both sides of industry to establish and follow up this plan; |
| --- | --- |

45.

Calls for a European textile plan to be established defining a specific budget for research, innovation, training and support for SMEs and also for renovating sites and retraining workers, considers it essential to promote European social dialogue and consultation with both sides of industry to establish and follow up this plan;

| 46. | Considers it essential to take measures in support of technological innovation and welcomes the launch of the European Technology Platform for textiles and clothing, which will draw up a long-term and innovative strategy for increasing the global competitiveness of the sector and encourage and coordinate research and development efforts; |
| --- | --- |

46.

Considers it essential to take measures in support of technological innovation and welcomes the launch of the European Technology Platform for textiles and clothing, which will draw up a long-term and innovative strategy for increasing the global competitiveness of the sector and encourage and coordinate research and development efforts;

| 47. | Greatly welcomes the report of the EU ‘Textiles and Clothing’ High-Level Group entitled ‘The Challenge of 2005 — European Textiles and Clothing in a quota free environment’ of 30 June 2004 (7) in view both of the substance of its recommendations and of its realistic reading of the situation in the sector and its strategy proposal; |
| --- | --- |

47.

Greatly welcomes the report of the EU ‘Textiles and Clothing’ High-Level Group entitled ‘The Challenge of 2005 — European Textiles and Clothing in a quota free environment’ of 30 June 2004 (7) in view both of the substance of its recommendations and of its realistic reading of the situation in the sector and its strategy proposal;

| 48. | Calls on the Commission to ensure that the seventh Framework Programme of Research and Development focuses more closely on SMEs and helps to overcome the problems of transferring R &D to companies; calls in addition for favourable conditions to be established so that research and innovation can become a constant of business operations, whatever the size of company concerned; |
| --- | --- |

48.

Calls on the Commission to ensure that the seventh Framework Programme of Research and Development focuses more closely on SMEs and helps to overcome the problems of transferring R &D to companies; calls in addition for favourable conditions to be established so that research and innovation can become a constant of business operations, whatever the size of company concerned;

| 49. | Calls on the Commission and the Member States to adopt incentives and specific aid programmes to encourage SMEs in the textile and clothing sector to invest in their own R &D and non-technological innovation activities; points to the importance of investment in non-technological research and calls on the Commission to revise the legislation on State aid so as to enable investment in this category to be treated in the same way as R &D investment; |
| --- | --- |

49.

Calls on the Commission and the Member States to adopt incentives and specific aid programmes to encourage SMEs in the textile and clothing sector to invest in their own R &D and non-technological innovation activities; points to the importance of investment in non-technological research and calls on the Commission to revise the legislation on State aid so as to enable investment in this category to be treated in the same way as R &D investment;

| 50. | Urges regional and national authorities, working in close collaboration with economic and social players, to draw up local strategy plans for areas which are centres of the textile industry; |
| --- | --- |

50.

Urges regional and national authorities, working in close collaboration with economic and social players, to draw up local strategy plans for areas which are centres of the textile industry;

| 51. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

51.

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

---

(1)  OJ C 101, 27.4.2005, p. 2.

(2)  Social Europe, Supplement 2/91.

(3)  OJ C 362, 2.12.1996, p. 248.

(4)  OJ C 125, 18.5.1992, p. 276.

(5)  OJ C 284, 12.11.1990, p. 147.

(6)  OJ L 302, 19.10.1992, p. 1.

(7)  The full text of the High-Level Group is available on the site: http://europa.eu.int/comm/enterprise/textile/documents/hlg_report_30_06_04.pdf

P6_TA(2005)0322

Television without frontiers

European Parliament resolution on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-2002 (2004/2236(INI))

The European Parliament,

| — | having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (1) as amended by Directive 97/36/EC of 30 June 1997 of the European Parliament and of the Council (together ‘the Directive’) (2), |
| --- | --- |

—

having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (1) as amended by Directive 97/36/EC of 30 June 1997 of the European Parliament and of the Council (together ‘the Directive’) (2),

| — | having regard to the results of the public consultation held by the Commission on the application of Articles 4 and 5 of the Directive, |
| --- | --- |

—

having regard to the results of the public consultation held by the Commission on the application of Articles 4 and 5 of the Directive,

| — | having regard to the Council of Europe's 1989 European Convention on Transfrontier Television, |
| --- | --- |

—

having regard to the Council of Europe's 1989 European Convention on Transfrontier Television,

| — | having regard to the Council of Europe's resolution on cultural diversity and media pluralism in times of globalisation, adopted by the 7th European Ministerial Conference on Mass Media Policy in Kiev (Ukraine), 10-11 March 2005, |
| --- | --- |

—

having regard to the Council of Europe's resolution on cultural diversity and media pluralism in times of globalisation, adopted by the 7th European Ministerial Conference on Mass Media Policy in Kiev (Ukraine), 10-11 March 2005,

| — | having regard to the Commission communication on the future of European regulatory audiovisual policy (COM(2003)0784), |
| --- | --- |

—

having regard to the Commission communication on the future of European regulatory audiovisual policy (COM(2003)0784),

| — | having regard to the Commission communication on principles and guidelines for the Community's audiovisual policy in the digital age (COM(1999)0657), |
| --- | --- |

—

having regard to the Commission communication on principles and guidelines for the Community's audiovisual policy in the digital age (COM(1999)0657),

| — | having regard to Articles 151 and 157 of the EC Treaty, the Charter of Fundamental Rights of the European Union and the Protocol on the system of public broadcasting in the Member States annexed to the EC Treaty, |
| --- | --- |

—

having regard to Articles 151 and 157 of the EC Treaty, the Charter of Fundamental Rights of the European Union and the Protocol on the system of public broadcasting in the Member States annexed to the EC Treaty,

| — | having regard to its resolution of 4 September 2003 on Television without Frontiers (3), |
| --- | --- |

—

having regard to its resolution of 4 September 2003 on Television without Frontiers (3),

| — | having regard to its resolution of 4 October 2001 on the third report of the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC ‘Television without Frontiers’ (4), |
| --- | --- |

—

having regard to its resolution of 4 October 2001 on the third report of the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC ‘Television without Frontiers’ (4),

| — | having regard to its resolution of 2 July 2002 on the Commission communication on certain legal aspects relating to cinematographic and other audiovisual works (5), |
| --- | --- |

—

having regard to its resolution of 2 July 2002 on the Commission communication on certain legal aspects relating to cinematographic and other audiovisual works (5),

| — | having regard to its position of 12 February 2004 on the proposal for a European Parliament and Council decision modifying Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (6), |
| --- | --- |

—

having regard to its position of 12 February 2004 on the proposal for a European Parliament and Council decision modifying Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (6),

| — | having regard to its resolution of 26 September 2002 on an EU action plan for the successful introduction of digital television in Europe (7), |
| --- | --- |

—

having regard to its resolution of 26 September 2002 on an EU action plan for the successful introduction of digital television in Europe (7),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A6-0202/2005), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A6-0202/2005),

| A. | whereas the Lisbon strategy seeks to reinforce the innovative capacity of European industry and to make the EU the most competitive and dynamic knowledge-based economy in the world, |
| --- | --- |

A.

whereas the Lisbon strategy seeks to reinforce the innovative capacity of European industry and to make the EU the most competitive and dynamic knowledge-based economy in the world,

| B. | whereas the audiovisual sector is characterised both by technological innovation and by its social, economic and cultural impact, |
| --- | --- |

B.

whereas the audiovisual sector is characterised both by technological innovation and by its social, economic and cultural impact,

| C. | whereas one of the EU's priorities is to defend the specific nature of cultural goods, including those in the audiovisual sector, within the World Trade Organization (WTO); whereas the Commission regrettably failed observe that principle by proposing to bring the audiovisual sector within the scope of the proposal for a directive on services in the internal market, |
| --- | --- |

C.

whereas one of the EU's priorities is to defend the specific nature of cultural goods, including those in the audiovisual sector, within the World Trade Organization (WTO); whereas the Commission regrettably failed observe that principle by proposing to bring the audiovisual sector within the scope of the proposal for a directive on services in the internal market,

| D. | whereas the movement of European works and the works of independent producers is essential in order to promote cultural diversity, freedom of expression and pluralism, |
| --- | --- |

D.

whereas the movement of European works and the works of independent producers is essential in order to promote cultural diversity, freedom of expression and pluralism,

| E. | whereas the Directive, which was enacted in the context of the single market, must take greater account of aspirations relating to a Community area of law, citizenship and political union, |
| --- | --- |

E.

whereas the Directive, which was enacted in the context of the single market, must take greater account of aspirations relating to a Community area of law, citizenship and political union,

| F. | whereas the Directive is also obsolete in the light of the rapid development of new technology, which will soon result in unlimited supply in the context of the European audiovisual landscape, making it necessary to adapt the rules which it lays down to technological developments, |
| --- | --- |

F.

whereas the Directive is also obsolete in the light of the rapid development of new technology, which will soon result in unlimited supply in the context of the European audiovisual landscape, making it necessary to adapt the rules which it lays down to technological developments,

| G. | whereas it is the responsibility of the Member States and their national competent authorities to apply the Directive, although the Commission plays an essential evaluating and supervisory role, with which Parliament, national parliaments, national regulatory authorities and public opinion must all be associated, |
| --- | --- |

G.

whereas it is the responsibility of the Member States and their national competent authorities to apply the Directive, although the Commission plays an essential evaluating and supervisory role, with which Parliament, national parliaments, national regulatory authorities and public opinion must all be associated,

| H. | whereas the Directive, forming a flexible framework which has permitted the application of rules by the Member States and self-regulation by the audiovisual industry, plays an important role in establishing a minimum framework, |
| --- | --- |

H.

whereas the Directive, forming a flexible framework which has permitted the application of rules by the Member States and self-regulation by the audiovisual industry, plays an important role in establishing a minimum framework,

| I. | concerned to note that certain provisions in the Directive (on quotas, advertising, etc.) are inadequately applied and observed in certain Member States due to a lack of appropriate monitoring, |
| --- | --- |

I.

concerned to note that certain provisions in the Directive (on quotas, advertising, etc.) are inadequately applied and observed in certain Member States due to a lack of appropriate monitoring,

| J. | whereas the growth in the number and diversity of the services on offer must go hand in hand with access for all, |
| --- | --- |

J.

whereas the growth in the number and diversity of the services on offer must go hand in hand with access for all,

Application of Articles 4 and 5 of the Directive

| 1. | Notes that the above-mentioned Commission communication on the future of European regulatory audiovisual policy highlights positive results and that the indicators, in all but a few cases, show an increase in the scheduling of European works; notes that the quotas for the broadcasting of European works and works of independent producers have broadly been met; notes that the Commission considers that the objectives of the Directive have been achieved; encourages Member States, however, to strengthen their efforts with regard to broadcasting of European and independently-produced programmes; |
| --- | --- |

1.

Notes that the above-mentioned Commission communication on the future of European regulatory audiovisual policy highlights positive results and that the indicators, in all but a few cases, show an increase in the scheduling of European works; notes that the quotas for the broadcasting of European works and works of independent producers have broadly been met; notes that the Commission considers that the objectives of the Directive have been achieved; encourages Member States, however, to strengthen their efforts with regard to broadcasting of European and independently-produced programmes;

| 2. | Regrets the fact that over the reference period analysed in the Commission's 6th report on the application of Articles 4 and 5 (COM(2004)0524), the proportion of independent productions has declined by 3,48 % in four years (page 7 of the report); |
| --- | --- |

2.

Regrets the fact that over the reference period analysed in the Commission's 6th report on the application of Articles 4 and 5 (COM(2004)0524), the proportion of independent productions has declined by 3,48 % in four years (page 7 of the report);

| 3. | Notes that major discrepancies among the methods of applying and interpreting the provisions of the Directive make it impossible accurately to reflect the situation, as the findings of the independent audits have shown; recommends that the Commission establish and forward to the Member States a standard grid making it possible to obtain comparable results; stresses the urgency of analysing the results from the new Member States; proposes that this standard grid also include data on services to assist the disabled; |
| --- | --- |

3.

Notes that major discrepancies among the methods of applying and interpreting the provisions of the Directive make it impossible accurately to reflect the situation, as the findings of the independent audits have shown; recommends that the Commission establish and forward to the Member States a standard grid making it possible to obtain comparable results; stresses the urgency of analysing the results from the new Member States; proposes that this standard grid also include data on services to assist the disabled;

| 4. | Stresses that a more consistent indicator to measure compliance with Article 5 would be to base the 10 % quota on value (rather than on qualifying hours), thus removing the inconsistencies observed among the Member States as to what counts as qualifying hours; |
| --- | --- |

4.

Stresses that a more consistent indicator to measure compliance with Article 5 would be to base the 10 % quota on value (rather than on qualifying hours), thus removing the inconsistencies observed among the Member States as to what counts as qualifying hours;

| 5. | Regrets that some Member States have still not provided all the relevant information, particularly as regards satellite and/or cable TV channels, which are often omitted from national reports; considers that the Commission has a responsibility to ensure that the Member States comply with their obligations and that it should do more than merely stress that the notification requirement applies to all television programmes under the jurisdiction of a Member State; and calls on the Commission and the competent national authorities to impose clear sanctions in the event of persistent failure to comply with the relevant provisions or with the obligation to supply information; |
| --- | --- |

5.

Regrets that some Member States have still not provided all the relevant information, particularly as regards satellite and/or cable TV channels, which are often omitted from national reports; considers that the Commission has a responsibility to ensure that the Member States comply with their obligations and that it should do more than merely stress that the notification requirement applies to all television programmes under the jurisdiction of a Member State; and calls on the Commission and the competent national authorities to impose clear sanctions in the event of persistent failure to comply with the relevant provisions or with the obligation to supply information;

| 6. | Regrets that in certain Member States the application of quotas is calculated by broadcaster and not by channel, which is in breach of the principles of the Directive, such breach being particularly serious in Member States where there is a high concentration of broadcasters; |
| --- | --- |

6.

Regrets that in certain Member States the application of quotas is calculated by broadcaster and not by channel, which is in breach of the principles of the Directive, such breach being particularly serious in Member States where there is a high concentration of broadcasters;

| 7. | Calls for the discretion which the Member States are allowed in applying Article 4 to be at least compensated for by the communication of public, accurate and transparent indicators; |
| --- | --- |

7.

Calls for the discretion which the Member States are allowed in applying Article 4 to be at least compensated for by the communication of public, accurate and transparent indicators;

| 8. | Believes that the differing interpretations among Member States of the concepts of ‘European work’ and ‘independent producer’ could be avoided if the Commission, in the context of the revision of the Directive, gave a more precise definition of the concepts of ‘independent producer’, ‘European work’ and ‘thematic channel’; considers also that this would offer greater legal certainty in the application of the Directive; |
| --- | --- |

8.

Believes that the differing interpretations among Member States of the concepts of ‘European work’ and ‘independent producer’ could be avoided if the Commission, in the context of the revision of the Directive, gave a more precise definition of the concepts of ‘independent producer’, ‘European work’ and ‘thematic channel’; considers also that this would offer greater legal certainty in the application of the Directive;

| 9. | Notes that the quotas for ‘European works’ are mainly filled by national works and supports voluntary initiatives for further quotas for non-national European works; |
| --- | --- |

9.

Notes that the quotas for ‘European works’ are mainly filled by national works and supports voluntary initiatives for further quotas for non-national European works;

| 10. | Stresses the importance of strengthening the MEDIA programme, pointing out that the objective behind its inception and its renewal is, and should continue to be, to support independent producers and small and medium-sized enterprises; |
| --- | --- |

10.

Stresses the importance of strengthening the MEDIA programme, pointing out that the objective behind its inception and its renewal is, and should continue to be, to support independent producers and small and medium-sized enterprises;

| 11. | Stresses the importance of strengthening this programme as an essential tool of European audiovisual policy for professional training and support for the distribution, broadcasting and movement of cinematographic works; encourages the Member States to open up their educational systems to a knowledge of the European film heritage, the languages, cultures, tastes, histories and experiences of the peoples of Europe; |
| --- | --- |

11.

Stresses the importance of strengthening this programme as an essential tool of European audiovisual policy for professional training and support for the distribution, broadcasting and movement of cinematographic works; encourages the Member States to open up their educational systems to a knowledge of the European film heritage, the languages, cultures, tastes, histories and experiences of the peoples of Europe;

| 12. | Recalls the importance, for the movement of European works, of European co-productions and common marketing strategies; notes that the European audiovisual space is better exploited by United States producers than by Europeans themselves — even though Europeans produce more documentaries and fiction — owing to the lack of an integrated and globalised European industry; considers that the imbalance in the movement of audiovisual works could jeopardise cultural diversity; |
| --- | --- |

12.

Recalls the importance, for the movement of European works, of European co-productions and common marketing strategies; notes that the European audiovisual space is better exploited by United States producers than by Europeans themselves — even though Europeans produce more documentaries and fiction — owing to the lack of an integrated and globalised European industry; considers that the imbalance in the movement of audiovisual works could jeopardise cultural diversity;

| 13. | Considers that, to enable the European audiovisual industry to compete with the United States industry, European efforts should be geared much more towards promotion; |
| --- | --- |

13.

Considers that, to enable the European audiovisual industry to compete with the United States industry, European efforts should be geared much more towards promotion;

| 14. | Draws the Commission's attention to the fact that, in the face of the onslaught by production groups on European markets, it seems essential to encourage aid for uniquely European content and to develop such content by establishing a link with sources of finance; |
| --- | --- |

14.

Draws the Commission's attention to the fact that, in the face of the onslaught by production groups on European markets, it seems essential to encourage aid for uniquely European content and to develop such content by establishing a link with sources of finance;

| 15. | Recalls the importance of giving the greatest possible number of European citizens access in as many languages as possible to pan-European channels such as Arte and Euronews or other similar initiatives; calls on the Commission and the Member States to support Europe-wide information about, and the broadcasting of, European cultural events, by also providing formats accessible to the disabled (i.e. with audio-description, subtitling and sign language); |
| --- | --- |

15.

Recalls the importance of giving the greatest possible number of European citizens access in as many languages as possible to pan-European channels such as Arte and Euronews or other similar initiatives; calls on the Commission and the Member States to support Europe-wide information about, and the broadcasting of, European cultural events, by also providing formats accessible to the disabled (i.e. with audio-description, subtitling and sign language);

| 16. | Stresses that methods of qualitative analysis must be established as a matter of priority covering the cultural content of European audiovisual production and recalls the importance of the RTD Framework Programme; |
| --- | --- |

16.

Stresses that methods of qualitative analysis must be established as a matter of priority covering the cultural content of European audiovisual production and recalls the importance of the RTD Framework Programme;

Revision of the Directive

| 17. | Stresses that the audiovisual sector contributes to technological innovation, economic growth and job creation; considers it also to be an important instrument for the functioning of the single market; believes that it is also of critical importance to the functioning of democracy, provided there is diversity of input and opinion, pluralism and cultural diversity; considers that, precisely in order to maintain such democratic values and freedom of expression and opinion, measures are needed to regulate the protection of the right to one's own image; |
| --- | --- |

17.

Stresses that the audiovisual sector contributes to technological innovation, economic growth and job creation; considers it also to be an important instrument for the functioning of the single market; believes that it is also of critical importance to the functioning of democracy, provided there is diversity of input and opinion, pluralism and cultural diversity; considers that, precisely in order to maintain such democratic values and freedom of expression and opinion, measures are needed to regulate the protection of the right to one's own image;

| 18. | Asserts that the European audiovisual model must be founded on a balance between a strong, independent and pluralistic public service sector and a dynamic and equally pluralistic commercial sector, both of which are directly and indirectly creators of jobs; considers that the continued existence of this model is essential to the vitality and quality of creative work and requires a legislative framework to ensure respect for the rights of Europeans; |
| --- | --- |

18.

Asserts that the European audiovisual model must be founded on a balance between a strong, independent and pluralistic public service sector and a dynamic and equally pluralistic commercial sector, both of which are directly and indirectly creators of jobs; considers that the continued existence of this model is essential to the vitality and quality of creative work and requires a legislative framework to ensure respect for the rights of Europeans;

| 19. | Stresses that universal public access to high-quality and diverse content is becoming ever more crucial against a background of technological change and increased concentration in an ever more competitive and globalised environment; considers that public broadcasting services are essential in forming opinion in a democratic manner and allowing people to experience and familiarise themselves with cultural diversity, and that such services must have equal opportunities of priority access to the market, including in new media services; |
| --- | --- |

19.

Stresses that universal public access to high-quality and diverse content is becoming ever more crucial against a background of technological change and increased concentration in an ever more competitive and globalised environment; considers that public broadcasting services are essential in forming opinion in a democratic manner and allowing people to experience and familiarise themselves with cultural diversity, and that such services must have equal opportunities of priority access to the market, including in new media services;

| 20. | Considers that the Directive needs to be revised in order to tackle structural changes; considers that such a revision must not call into question the fundamental principles of the Directive — free movement of European broadcasts, free access to major events, promotion of European works and recent independent productions, protection of minors and public policy, consumer protection, right of reply — but rather must adapt them to the new challenges without losing sight of the need for quality and economic vitality in the sector; |
| --- | --- |

20.

Considers that the Directive needs to be revised in order to tackle structural changes; considers that such a revision must not call into question the fundamental principles of the Directive — free movement of European broadcasts, free access to major events, promotion of European works and recent independent productions, protection of minors and public policy, consumer protection, right of reply — but rather must adapt them to the new challenges without losing sight of the need for quality and economic vitality in the sector;

| 21. | Recommends that a safeguard clause be included expressly to establish respect for Member States competence in the fields of culture and the media; |
| --- | --- |

21.

Recommends that a safeguard clause be included expressly to establish respect for Member States competence in the fields of culture and the media;

| 22. | Considers that the revision of the Directive should ensure the development of new technologies and new services, in order to secure the growth of the European economy in accordance with the Lisbon strategy; |
| --- | --- |

22.

Considers that the revision of the Directive should ensure the development of new technologies and new services, in order to secure the growth of the European economy in accordance with the Lisbon strategy;

| 23. | Notes that the Commission has for some years been conducting a public consultation around a new directive which it intends to present at the end of 2005; notes that the British Presidency of the Council will be holding a conference in Liverpool on the revision of the Directive; calls for Parliament to be fully involved in all stages of the proceedings; |
| --- | --- |

23.

Notes that the Commission has for some years been conducting a public consultation around a new directive which it intends to present at the end of 2005; notes that the British Presidency of the Council will be holding a conference in Liverpool on the revision of the Directive; calls for Parliament to be fully involved in all stages of the proceedings;

| 24. | Fears that, on such an important subject, the debate and consultation will give preference to economic considerations and inter-governmental relations; is aware that the market alone will not resolve the problems and that the institutions must respond to the concerns of Europeans about the cultural content of television; |
| --- | --- |

24.

Fears that, on such an important subject, the debate and consultation will give preference to economic considerations and inter-governmental relations; is aware that the market alone will not resolve the problems and that the institutions must respond to the concerns of Europeans about the cultural content of television;

| 25. | Calls on the Commission to ensure that independent producers are in a position to retain the rights in their productions and make it easier for them to uphold their intellectual property rights so as to improve their ability to attract private investment; |
| --- | --- |

25.

Calls on the Commission to ensure that independent producers are in a position to retain the rights in their productions and make it easier for them to uphold their intellectual property rights so as to improve their ability to attract private investment;

| 26. | Is concerned about the pressure to reduce regulation in this sector and recalls that the Directive establishes minimum standards which have not succeeded in preventing a deterioration in the quality of programmes; |
| --- | --- |

26.

Is concerned about the pressure to reduce regulation in this sector and recalls that the Directive establishes minimum standards which have not succeeded in preventing a deterioration in the quality of programmes;

| 27. | Notes the role of advertising in the funding of certain general-interest TV channels and its effect on scheduling; notes however that in some countries there remain such serious shortcomings in the application of the articles restricting the duration of advertisements that it has become difficult to maintain strict separation between advertising and editorial content, to the detriment of the cultural integrity of the works; |
| --- | --- |

27.

Notes the role of advertising in the funding of certain general-interest TV channels and its effect on scheduling; notes however that in some countries there remain such serious shortcomings in the application of the articles restricting the duration of advertisements that it has become difficult to maintain strict separation between advertising and editorial content, to the detriment of the cultural integrity of the works;

| 28. | Underlines the need to define clearly the content and regulation of advertising, in particular that relating to alcohol, which has a particularly harmful effect on children and vulnerable people; recalls that the protection of minors must remain a priority objective of audiovisual policy and a fundamental principle which ought to be extended to all audiovisual services made available to the public; |
| --- | --- |

28.

Underlines the need to define clearly the content and regulation of advertising, in particular that relating to alcohol, which has a particularly harmful effect on children and vulnerable people; recalls that the protection of minors must remain a priority objective of audiovisual policy and a fundamental principle which ought to be extended to all audiovisual services made available to the public;

| 29. | Emphasises, therefore, the need to preserve the rules limiting the opportunities for advertisement breaks during audiovisual works; |
| --- | --- |

29.

Emphasises, therefore, the need to preserve the rules limiting the opportunities for advertisement breaks during audiovisual works;

| 30. | Stresses that the revision of the Directive must make it possible to lay down legal obligations and set out a firm political will to ensure strict separation between editorial and artistic content on the one hand and commercial promotion on the other; |
| --- | --- |

30.

Stresses that the revision of the Directive must make it possible to lay down legal obligations and set out a firm political will to ensure strict separation between editorial and artistic content on the one hand and commercial promotion on the other;

| 31. | Calls for the revised Directive to impose on Member States and their competent authorities more effective mechanisms to ensure the observance and monitoring of the legislation and the imposition of the sanctions provided for, particularly as regards quotas and advertising; |
| --- | --- |

31.

Calls for the revised Directive to impose on Member States and their competent authorities more effective mechanisms to ensure the observance and monitoring of the legislation and the imposition of the sanctions provided for, particularly as regards quotas and advertising;

| 32. | Notes that digitisation and interactivity represent opportunities both for the industry and for consumers, but that more choice does not necessarily equate with better quality or a greater proportion of European works; notes the risk of a two-speed audiovisual sector emerging; |
| --- | --- |

32.

Notes that digitisation and interactivity represent opportunities both for the industry and for consumers, but that more choice does not necessarily equate with better quality or a greater proportion of European works; notes the risk of a two-speed audiovisual sector emerging;

| 33. | Observes that new forms of television have been introduced, for example television via ADSL networks, via the Internet and via mobile phone; considers that, in order to avoid any distortion of competition between the different forms of television available today, the application of the Directive to these new forms of television should be clarified as part of the revision process; |
| --- | --- |

33.

Observes that new forms of television have been introduced, for example television via ADSL networks, via the Internet and via mobile phone; considers that, in order to avoid any distortion of competition between the different forms of television available today, the application of the Directive to these new forms of television should be clarified as part of the revision process;

| 34. | Notes that extending the scope of the Directive should not prevent the strengthening of the European model founded on freedom of movement, high quality, public service, the general interest and respect for European values; |
| --- | --- |

34.

Notes that extending the scope of the Directive should not prevent the strengthening of the European model founded on freedom of movement, high quality, public service, the general interest and respect for European values;

| 35. | Stresses the need for European legislation to be so far as possible independent of audiovisual technology; calls for such legislation to state clearly that public service providers may make use of all new technologies and new media, such as the Internet and WAP services, without thereby infringing the rules of the internal market; |
| --- | --- |

35.

Stresses the need for European legislation to be so far as possible independent of audiovisual technology; calls for such legislation to state clearly that public service providers may make use of all new technologies and new media, such as the Internet and WAP services, without thereby infringing the rules of the internal market;

| 36. | Welcomes, in the light of technological developments (such as growing convergence and digitisation), the Commission's announcement, in connection with the revision of the Directive, of a proposal to broaden its scope to cover all services based on the principle of a graduated form of regulation; |
| --- | --- |

36.

Welcomes, in the light of technological developments (such as growing convergence and digitisation), the Commission's announcement, in connection with the revision of the Directive, of a proposal to broaden its scope to cover all services based on the principle of a graduated form of regulation;

| 37. | Considers that, if the scope of the Directive is extended to cover new services, the Directive should ensure that these services, too, abide by the principles of promoting European works and independent European productions; is aware that the mechanisms provided for under Articles 4 and 5 relating to traditional services are not suited to the new services and calls on the Commission to lay down obligations relating to investment (production or purchase), to offering European content and to providing access to this content; |
| --- | --- |

37.

Considers that, if the scope of the Directive is extended to cover new services, the Directive should ensure that these services, too, abide by the principles of promoting European works and independent European productions; is aware that the mechanisms provided for under Articles 4 and 5 relating to traditional services are not suited to the new services and calls on the Commission to lay down obligations relating to investment (production or purchase), to offering European content and to providing access to this content;

| 38. | Considers that, in order to ensure cultural diversity, measures should be laid down to promote European works for new services, such as video on demand; |
| --- | --- |

38.

Considers that, in order to ensure cultural diversity, measures should be laid down to promote European works for new services, such as video on demand;

| 39. | Stresses the urgent need, in the light of digital technology, to make radical changes to the approach taken until now in Community legislation, based on a distinction between content and ‘infrastructure’; |
| --- | --- |

39.

Stresses the urgent need, in the light of digital technology, to make radical changes to the approach taken until now in Community legislation, based on a distinction between content and ‘infrastructure’;

| 40. | Stresses the need both to reinforce the monitoring of non-EU channels under the jurisdiction of a Member State in accordance with Article 2 of the Directive which broadcast programmes inciting to racial and religious hatred, and to improve coordination between Member States in this area; |
| --- | --- |

40.

Stresses the need both to reinforce the monitoring of non-EU channels under the jurisdiction of a Member State in accordance with Article 2 of the Directive which broadcast programmes inciting to racial and religious hatred, and to improve coordination between Member States in this area;

| 41. | Calls for particular attention to be paid to access to programmes for persons with visual or hearing impairments; proposes that Member States submit data to the Commission each year on the percentage of their total programme output carrying services to assist the disabled (i.e. subtitling, audio-description and sign language) on both their public service and commercial channels and draw up national action plans to increase the availability of such services and make them easier to access on TV equipment; |
| --- | --- |

41.

Calls for particular attention to be paid to access to programmes for persons with visual or hearing impairments; proposes that Member States submit data to the Commission each year on the percentage of their total programme output carrying services to assist the disabled (i.e. subtitling, audio-description and sign language) on both their public service and commercial channels and draw up national action plans to increase the availability of such services and make them easier to access on TV equipment;

| 42. | Asks the Council and the Commission, within the framework of the information society, to develop and to implement media literacy programmes to promote active and aware citizenship in Europe; |
| --- | --- |

42.

Asks the Council and the Commission, within the framework of the information society, to develop and to implement media literacy programmes to promote active and aware citizenship in Europe;

| 43. | Stresses the importance of the working party of national regulators and calls for Parliament to be involved in it as an observer; |
| --- | --- |

43.

Stresses the importance of the working party of national regulators and calls for Parliament to be involved in it as an observer;

| 44. | Proposes the holding of a European Audiovisual and Media Year, involving the institutions, political parties, civil society and the audiovisual sector, with a view to drawing up a ‘European Innovation Pact’ guaranteeing a balance between competitiveness, high quality, culture and pluralism; |
| --- | --- |

44.

Proposes the holding of a European Audiovisual and Media Year, involving the institutions, political parties, civil society and the audiovisual sector, with a view to drawing up a ‘European Innovation Pact’ guaranteeing a balance between competitiveness, high quality, culture and pluralism;

Pluralism and concentration

| 45. | Is alarmed at the tendency towards (vertical and horizontal) concentration of the media in certain Member States, which poses a threat to democracy and a risk to cultural diversity and could accentuate tendencies towards the extreme commercialisation of the audiovisual sector and the hegemony of certain national products over those with narrower linguistic areas and smaller production; |
| --- | --- |

45.

Is alarmed at the tendency towards (vertical and horizontal) concentration of the media in certain Member States, which poses a threat to democracy and a risk to cultural diversity and could accentuate tendencies towards the extreme commercialisation of the audiovisual sector and the hegemony of certain national products over those with narrower linguistic areas and smaller production;

| 46. | Stresses that particular care should be paid, in order to ensure pluralism of opinion and diversity in programme distribution, to preventing, when drafting Community or national regulations on digital switchover, the majority of new digital distribution services from falling under the control or decisive influence of large, capital-rich, multinational media groups — particularly those with interests outside the EU; |
| --- | --- |

46.

Stresses that particular care should be paid, in order to ensure pluralism of opinion and diversity in programme distribution, to preventing, when drafting Community or national regulations on digital switchover, the majority of new digital distribution services from falling under the control or decisive influence of large, capital-rich, multinational media groups — particularly those with interests outside the EU;

| 47. | Stresses that competition and competition law are not enough to ensure media pluralism; considers that pluralism is based on respect for and promotion of diversity of points of view across all media, through the recognition of editorial independence, both in the public and the commercial sectors, and through the authority and independence of the regulatory authorities; |
| --- | --- |

47.

Stresses that competition and competition law are not enough to ensure media pluralism; considers that pluralism is based on respect for and promotion of diversity of points of view across all media, through the recognition of editorial independence, both in the public and the commercial sectors, and through the authority and independence of the regulatory authorities;

| 48. | Is concerned about patterns of concentration of advertising in some Member States; |
| --- | --- |

48.

Is concerned about patterns of concentration of advertising in some Member States;

| 49. | Stresses that the fragmentation of the European audiovisual markets into national markets does not reduce the risks of media concentration at European level, and that a violation of freedom of expression and respect for pluralism and diversity as a result of media concentration in a Member State also constitutes a risk factor for the Community institutional and democratic order; |
| --- | --- |

49.

Stresses that the fragmentation of the European audiovisual markets into national markets does not reduce the risks of media concentration at European level, and that a violation of freedom of expression and respect for pluralism and diversity as a result of media concentration in a Member State also constitutes a risk factor for the Community institutional and democratic order;

| 50. | Calls on those Member States, both old and new, which are experiencing rapid development in the sector, to examine and strengthen, if necessary, national rules or measures to restrict concentration of media ownership and to respect the independence of the regulatory authorities; considers that the Commission's role in supervising, exchanging information and comparing legislation should be strengthened; reminds the Commission of its request to draw up a Green Paper on the degree of media concentration in Europe, which would allow a broad debate to be launched on the subject, and of its wish to include in the revised Directive an agreement on the diversification of media ownership and control; |
| --- | --- |

50.

Calls on those Member States, both old and new, which are experiencing rapid development in the sector, to examine and strengthen, if necessary, national rules or measures to restrict concentration of media ownership and to respect the independence of the regulatory authorities; considers that the Commission's role in supervising, exchanging information and comparing legislation should be strengthened; reminds the Commission of its request to draw up a Green Paper on the degree of media concentration in Europe, which would allow a broad debate to be launched on the subject, and of its wish to include in the revised Directive an agreement on the diversification of media ownership and control;

| 51. | Observes that, since cultural diversity and the freedom and pluralism of the media remain the most important elements of the European audiovisual model, these three values are essential prerequisites for cultural exchange and democracy; considers that the revised Directive should accordingly include provisions to uphold and protect freedom of expression and media pluralism; |
| --- | --- |

51.

Observes that, since cultural diversity and the freedom and pluralism of the media remain the most important elements of the European audiovisual model, these three values are essential prerequisites for cultural exchange and democracy; considers that the revised Directive should accordingly include provisions to uphold and protect freedom of expression and media pluralism;

*

- *

| 52. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

52.

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

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(1)  OJ L 298, 17.10.1989, p. 23.

(2)  OJ L 202, 30.7.1997, p. 60.

(3)  OJ C 76 E, 25.3.2004, p. 453.

(4)  OJ C 87 E, 11.4.2002, p. 221.

(5)  OJ C 271 E, 12.11.2003, p. 176.

(6)  OJ C 97 E, 22.4.2004, p. 603.

(7)  OJ C 273 E, 14.11.2003, p. 311.

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