# CE2006227EN.01001301.xml

| 21.9.2006 | EN | Official Journal of the European Union | CE 227/13 |
| --- | --- | --- | --- |

21.9.2006

EN

Official Journal of the European Union

CE 227/13

---

MINUTES

(2006/C 227 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

1.   Opening of sitting

The sitting opened at 9.00.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:






  — | Proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund (COM(2005)0108 — C6-0093/2005 — 2005/0033(COD))






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

1)

from the Council and Commission:

—

Proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund (COM(2005)0108 — C6-0093/2005 — 2005/0033(COD))

referred to

responsible

:

REGI

opinion

:

BUDG

| — | Proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS II) (COM(2005)0236 — C6-0174/2005 — 2005/0106(COD))






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

—

Proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS II) (COM(2005)0236 — C6-0174/2005 — 2005/0106(COD))

referred to

responsible

:

LIBE

opinion

:

BUDG

| — | Proposal for a regulation of the European Parliament and of the Council relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Torino (COM(2005)0412 — C6-0275/2005 — 2005/0169(COD))






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

—

Proposal for a regulation of the European Parliament and of the Council relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Torino (COM(2005)0412 — C6-0275/2005 — 2005/0169(COD))

referred to

responsible

:

LIBE

opinion

:

CULT

| — | Proposal for transfer of appropriations DEC 29/2005 — Section III — Commission (SEC(2005)1048 — C6-0276/2005 — 2005/2170(GBD))






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

—

Proposal for transfer of appropriations DEC 29/2005 — Section III — Commission (SEC(2005)1048 — C6-0276/2005 — 2005/2170(GBD))

referred to

responsible

:

BUDG

| — | Proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (COM(2005)0401 — C6-0277/2005 — 2005/2171(ACI))






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

—

Proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (COM(2005)0401 — C6-0277/2005 — 2005/2171(ACI))

referred to

responsible

:

BUDG

opinion

:

REGI

| — | Proposal for transfer of appropriations DEC 30/2005 — Section III — Commission (SEC(2005)1094 — C6-0278/2005 — 2005/2173(GBD))






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

—

Proposal for transfer of appropriations DEC 30/2005 — Section III — Commission (SEC(2005)1094 — C6-0278/2005 — 2005/2173(GBD))

referred to

responsible

:

BUDG

| — | Proposal for a Council decision on an Amendment to the Agreement Establishing the European Bank of Reconstruction and Development (EBRD), enabling the Bank to finance operations in Mongolia (COM(2005)0342 — C6-0280/2005 — 2005/0139(CNS))






  referred to | responsible | : | ECON |
| --- | --- | --- | --- | --- |
| opinion | : | INTA, BUDG |

—

Proposal for a Council decision on an Amendment to the Agreement Establishing the European Bank of Reconstruction and Development (EBRD), enabling the Bank to finance operations in Mongolia (COM(2005)0342 — C6-0280/2005 — 2005/0139(CNS))

referred to

responsible

:

ECON

opinion

:

INTA, BUDG

| — | Proposal for a Council directive on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (COM(2005)0362 [01] — C6-0281/2005 — 2005/0153(CNS))






  referred to | responsible | : | PECH |
| --- | --- | --- | --- | --- |
| opinion | : | BUDG, ENVI |

—

Proposal for a Council directive on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (COM(2005)0362 [01] — C6-0281/2005 — 2005/0153(CNS))

referred to

responsible

:

PECH

opinion

:

BUDG, ENVI

| — | Proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2005)0362 [02] — C6-0282/2005 — 2005/0154(CNS))






  referred to | responsible | : | PECH |
| --- | --- | --- | --- | --- |
| opinion | : | BUDG, ENVI |

—

Proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2005)0362 [02] — C6-0282/2005 — 2005/0154(CNS))

referred to

responsible

:

PECH

opinion

:

BUDG, ENVI

| — | Proposal for a Council decision enabling countries eligible for the future European Neighbourhood and Partnership Instrument (ENPI) to benefit from the Technical Assistance and Information Exchange Programme (TAIEX) (COM(2005)0321 — C6-0283/2005 — 2005/0133(CNS))






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

—

Proposal for a Council decision enabling countries eligible for the future European Neighbourhood and Partnership Instrument (ENPI) to benefit from the Technical Assistance and Information Exchange Programme (TAIEX) (COM(2005)0321 — C6-0283/2005 — 2005/0133(CNS))

referred to

responsible

:

AFET

opinion

:

INTA, BUDG

| — | Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences (COM(2005)0276 [02] — C6-0284/2005 — 2005/0128(CNS))






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

—

Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences (COM(2005)0276 [02] — C6-0284/2005 — 2005/0128(CNS))

referred to

responsible

:

JURI

opinion

:

ITRE, IMCO, LIBE

| — | Proposal for a Council regulation on the common organisation of the seed market (COM(2005)0384 — C6-0285/2005 — 2005/0164(CNS))






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

—

Proposal for a Council regulation on the common organisation of the seed market (COM(2005)0384 — C6-0285/2005 — 2005/0164(CNS))

referred to

responsible

:

AGRI

opinion

:

JURI

| — | Proposal for a Council regulation amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine (COM(2005)0395 — C6-0286/2005 — 2005/0160(CNS))






  referred to | responsible | : | AGRI |
| --- | --- | --- | --- | --- |

—

Proposal for a Council regulation amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine (COM(2005)0395 — C6-0286/2005 — 2005/0160(CNS))

referred to

responsible

:

AGRI

| — | Proposal for a Council regulation concerning the common organisation of the market in hops (COM(2005)0386 — C6-0287/2005 — 2005/0162(CNS))






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

—

Proposal for a Council regulation concerning the common organisation of the market in hops (COM(2005)0386 — C6-0287/2005 — 2005/0162(CNS))

referred to

responsible

:

AGRI

opinion

:

JURI

| 2) | from Members, written declarations for entry in the Register (Rule 116)







  — | Charles Tannock, Jana Hybášková, Marek Maciej Siwiec, André Brie and Frédérique Ries, on Israel's withdrawal from Gaza (53/2005); |
| --- | --- | --- |

2)

2)

from Members, written declarations for entry in the Register (Rule 116)

from Members, written declarations for entry in the Register (Rule 116)

—

Charles Tannock, Jana Hybášková, Marek Maciej Siwiec, André Brie and Frédérique Ries, on Israel's withdrawal from Gaza (53/2005);

| — | Den Dover and Kathy Sinnott, on calling for Member States to apply reduced VAT rates in the housing sector (54/2005); |
| --- | --- |

—

Den Dover and Kathy Sinnott, on calling for Member States to apply reduced VAT rates in the housing sector (54/2005);

| — | Den Dover and Kathy Sinnott, on promoting energy efficiency in buildings (55/2005). |
| --- | --- |

—

Den Dover and Kathy Sinnott, on promoting energy efficiency in buildings (55/2005).

3.   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. | NEPAL







  — | Pasqualina Napoletano and Neena Gill, on behalf of the PSE Group, on Nepal (B6-0513/2005); |
| --- | --- | --- |

I.

NEPAL

NEPAL

—

Pasqualina Napoletano and Neena Gill, on behalf of the PSE Group, on Nepal (B6-0513/2005);

| — | Roberta Angelilli, on behalf of the UEN Group, on the human rights situation in Nepal (B6-0519/2005); |
| --- | --- |

—

Roberta Angelilli, on behalf of the UEN Group, on the human rights situation in Nepal (B6-0519/2005);

| — | Jean Lambert, Bart Staes, Hélène Flautre and Gérard Onesta, on behalf of the Verts/ALE Group, on Nepal (B6-0520/2005); |
| --- | --- |

—

Jean Lambert, Bart Staes, Hélène Flautre and Gérard Onesta, on behalf of the Verts/ALE Group, on Nepal (B6-0520/2005);

| — | Luisa Morgantini, on behalf of the GUE/NGL Group, on Nepal (B6-0523/2005); |
| --- | --- |

—

Luisa Morgantini, on behalf of the GUE/NGL Group, on Nepal (B6-0523/2005);

| — | Thomas Mann, Simon Coveney, Bernd Posselt, Doris Pack and Zsolt László Becsey, on behalf of the PPE-DE Group, on Nepal (B6-0526/2005); |
| --- | --- |

—

Thomas Mann, Simon Coveney, Bernd Posselt, Doris Pack and Zsolt László Becsey, on behalf of the PPE-DE Group, on Nepal (B6-0526/2005);

| — | Elizabeth Lynne, on behalf of the ALDE Group, on the situation in Nepal (B6-0530/2005). |
| --- | --- |

—

Elizabeth Lynne, on behalf of the ALDE Group, on the situation in Nepal (B6-0530/2005).

| II. | TUNISIA







  — | Pasqualina Napoletano, Véronique De Keyser and Alain Hutchinson, on behalf of the PSE Group, on the human rights situation in Tunisia (B6-0512/2005); |
| --- | --- | --- |

II.

TUNISIA

TUNISIA

—

Pasqualina Napoletano, Véronique De Keyser and Alain Hutchinson, on behalf of the PSE Group, on the human rights situation in Tunisia (B6-0512/2005);

| — | Hélène Flautre, Raül Romeva i Rueda and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on Tunisia (B6-0522/2005); |
| --- | --- |

—

Hélène Flautre, Raül Romeva i Rueda and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on Tunisia (B6-0522/2005);

| — | Francis Wurtz, Vittorio Agnoletto and Umberto Guidoni, on behalf of the GUE/NGL Group, on freedom of expression in Tunisia (B6-0524/2005); |
| --- | --- |

—

Francis Wurtz, Vittorio Agnoletto and Umberto Guidoni, on behalf of the GUE/NGL Group, on freedom of expression in Tunisia (B6-0524/2005);

| — | Simon Busuttil, Simon Coveney, Bernd Posselt, Thomas Mann, Doris Pack and Zsolt László Becsey, on behalf of the PPE-DE Group, on Tunisia (B6-0525/2005); |
| --- | --- |

—

Simon Busuttil, Simon Coveney, Bernd Posselt, Thomas Mann, Doris Pack and Zsolt László Becsey, on behalf of the PPE-DE Group, on Tunisia (B6-0525/2005);

| — | Cecilia Malmström, on behalf of the ALDE Group, on the situation in Tunisia (B6-0529/2005); |
| --- | --- |

—

Cecilia Malmström, on behalf of the ALDE Group, on the situation in Tunisia (B6-0529/2005);

| — | Ģirts Valdis Kristovskis, on behalf of the UEN Group, on freedom of expression and association in Tunisia (B6-0532/2005). |
| --- | --- |

—

Ģirts Valdis Kristovskis, on behalf of the UEN Group, on freedom of expression and association in Tunisia (B6-0532/2005).

| III. | VOJVODINA







  — | Bastiaan Belder, on behalf of the IND/DEM Group, on the defence of multi-ethnicity in Vojvodina (B6-0518/2005); |
| --- | --- | --- |

III.

VOJVODINA

VOJVODINA

—

Bastiaan Belder, on behalf of the IND/DEM Group, on the defence of multi-ethnicity in Vojvodina (B6-0518/2005);

| — | Gisela Kallenbach, Joost Lagendijk and Angelika Beer, on behalf of the Verts/ALE Group, on the harassment of minorities in the province of Vojvodina, Serbia and Montenegro (B6-0521/2005); |
| --- | --- |

—

Gisela Kallenbach, Joost Lagendijk and Angelika Beer, on behalf of the Verts/ALE Group, on the harassment of minorities in the province of Vojvodina, Serbia and Montenegro (B6-0521/2005);

| — | Doris Pack, Zsolt László Becsey, Simon Coveney, Bernd Posselt and Thomas Mann, on behalf of the PPE-DE Group, on the defence of multi-ethnicity in Vojvodina (B6-0527/2005); |
| --- | --- |

—

Doris Pack, Zsolt László Becsey, Simon Coveney, Bernd Posselt and Thomas Mann, on behalf of the PPE-DE Group, on the defence of multi-ethnicity in Vojvodina (B6-0527/2005);

| — | István Szent-Iványi, on behalf of the ALDE Group, on the continuing harassment of minorities in the province of Vojvodina (B6-0528/2005); |
| --- | --- |

—

István Szent-Iványi, on behalf of the ALDE Group, on the continuing harassment of minorities in the province of Vojvodina (B6-0528/2005);

| — | Jonas Sjöstedt, on behalf of the GUE/NGL Group, on the situation in Vojvodina (Serbia and Montenegro) (B6-0531/2005); |
| --- | --- |

—

Jonas Sjöstedt, on behalf of the GUE/NGL Group, on the situation in Vojvodina (Serbia and Montenegro) (B6-0531/2005);

| — | Adriana Poli Bortone, on behalf of the UEN Group, on the defence of multi-ethnicity in Vojvodina (B6-0533/2005); |
| --- | --- |

—

Adriana Poli Bortone, on behalf of the UEN Group, on the defence of multi-ethnicity in Vojvodina (B6-0533/2005);

| — | Pasqualina Napoletano, Hannes Swoboda and Csaba Sándor Tabajdi, on behalf of the PSE Group, on Vojvodina (B6-0534/2005). |
| --- | --- |

—

Pasqualina Napoletano, Hannes Swoboda and Csaba Sándor Tabajdi, on behalf of the PSE Group, on Vojvodina (B6-0534/2005).

Speaking time would be allocated in accordance with Rule 142.

4.   Procedures in Member States for granting and withdrawing refugee status * (debate)

(debate)

Report on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (14203/2004 — C6-0200/2004 — 2000/0238(CNS)) — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Wolfgang Kreissl-Dörfler (A6-0222/2005)

Franco Frattini (Vice-President of the Commission) spoke.

Wolfgang Kreissl-Dörfler introduced report.

The following spoke: Feleknas Uca (draftsman of the opinion of the DEVE Committee), Carlos Coelho, on behalf of the PPE-DE Group, Martine Roure, on behalf of the PSE Group, Jeanine Hennis-Plasschaert, on behalf of the ALDE Group, Jean Lambert, on behalf of the Verts/ALE Group, Giusto Catania, on behalf of the GUE/NGL Group, Johannes Blokland, on behalf of the IND/DEM Group, Romano Maria La Russa, on behalf of the UEN Group, Frank Vanhecke, Non-attached Member, Ewa Klamt, Stavros Lambrinidis, Johannes Voggenhuber, Athanasios Pafilis, Kathy Sinnott, Jan Tadeusz Masiel, Alexander Stubb, Giovanni Claudio Fava, Cem Özdemir, Andreas Mölzer, Simon Busuttil, Inger Segelström, Genowefa Grabowska and Franco Frattini.

The debate closed.

Vote: Minutes of 27.09.2005, Item 6.8.

Minutes of 27.09.2005, Item 6.8

5.   EU-US Wine Agreement (debate)

(debate)

Commission statement: EU-US Wine Agreement

Mariann Fischer Boel (Member of the Commission) made the statement.

The following spoke: Christa Klaß, on behalf of the PPE-DE Group, and Katerina Batzeli, on behalf of the PSE Group.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

The following spoke: Jorgo Chatzimarkakis, on behalf of the ALDE Group, Marie-Hélène Aubert, on behalf of the Verts/ALE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Roberta Angelilli, on behalf of the UEN Group, Jean-Claude Martinez, Non-attached Member, María Esther Herranz García, María Isabel Salinas García, Anne Laperrouze, Astrid Lulling, Luis Manuel Capoulas Santos, Jean Marie Beaupuy, Giuseppe Castiglione, Vincenzo Lavarra, Agnes Schierhuber, Duarte Freitas, María del Pilar Ayuso González and Mariann Fischer Boel.

Motions for resolutions to wind up the debate tabled pursuant to Rule 103(2):

| — | María Esther Herranz García, Christa Klaß, Astrid Lulling, Giuseppe Castiglione, on behalf of the PPE-DE Group, on the wine agreement between the European Union and the United States (B6-0489/2005); |
| --- | --- |

—

María Esther Herranz García, Christa Klaß, Astrid Lulling, Giuseppe Castiglione, on behalf of the PPE-DE Group, on the wine agreement between the European Union and the United States (B6-0489/2005);

| — | Katerina Batzeli, María Isabel Salinas García and Luis Manuel Capoulas Santos, on behalf of the PSE Group, on the EU-US wine agreement (B6-0511/2005); |
| --- | --- |

—

Katerina Batzeli, María Isabel Salinas García and Luis Manuel Capoulas Santos, on behalf of the PSE Group, on the EU-US wine agreement (B6-0511/2005);

| — | Anne Laperrouze, Jorgo Chatzimarkakis, Niels Busk, Ignasi Guardans Cambó and Willem Schuth, on behalf of the ALDE Group, on the EU-US wine agreement (B6-0514/2005); |
| --- | --- |

—

Anne Laperrouze, Jorgo Chatzimarkakis, Niels Busk, Ignasi Guardans Cambó and Willem Schuth, on behalf of the ALDE Group, on the EU-US wine agreement (B6-0514/2005);

| — | Friedrich-Wilhelm Graefe zu Baringdorf, Marie-Hélène Aubert, Milan Horáček and David Hammerstein Mintz, on behalf of the Verts/ALE Group, on the EU-US wine agreement (B6-0515/2005); |
| --- | --- |

—

Friedrich-Wilhelm Graefe zu Baringdorf, Marie-Hélène Aubert, Milan Horáček and David Hammerstein Mintz, on behalf of the Verts/ALE Group, on the EU-US wine agreement (B6-0515/2005);

| — | Sergio Berlato, Roberta Angelilli and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the EU-USA agreement on wine (B6-0516/2005); |
| --- | --- |

—

Sergio Berlato, Roberta Angelilli and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the EU-USA agreement on wine (B6-0516/2005);

| — | Ilda Figueiredo, Marco Rizzo and Diamanto Manolakou, on behalf of the GUE/NGL Group, on the wine trade agreement between the European Union and the United States (B6-0517/2005). |
| --- | --- |

—

Ilda Figueiredo, Marco Rizzo and Diamanto Manolakou, on behalf of the GUE/NGL Group, on the wine trade agreement between the European Union and the United States (B6-0517/2005).

The debate closed.

Vote: Minutes of 29.09.2005, Item 6.1.

Minutes of 29.09.2005, Item 6.1

(The sitting was suspended at 11.45 pending voting time and resumed at 12.05.)

(The sitting was suspended at 11.45 pending voting time and resumed at 12.05.)

IN THE CHAIR: Gérard ONESTA

Vice-President

6.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in Annex 1 to the Minutes.

6.1.   Public procurement ***I (Rule 131) (vote)

Report on the proposal for a directive of the European Parliament and of the Council correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (COM(2005)0214 — C6-0155/2005 — 2005/0100(COD)) — Committee on the Internal Market and Consumer Protection.

Rapporteur: Stefano Zappalà (A6-0270/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

DRAFT LEGISLATIVE RESOLUTION

Stefano Zappalà made a statement pursuant to Rule 131(4).

Adopted by single vote (P6_TA(2005)0342)

(P6_TA(2005)0342)

6.2.   EC-Bulgaria Agreement 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 Bulgaria on certain aspects of air services (COM(2005)0158 — C6-0177/2005 — 2005/0060(CNS)) — Committee on Transport and Tourism.

Rapporteur: Paolo Costa (A6-0258/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0343)

(P6_TA(2005)0343)

6.3.   EC-Croatia Agreement 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 Croatia on certain aspects of air services (COM(2005)0159 — C6-0173/2005 — 2005/0059(CNS)) — Committee on Transport and Tourism.

Rapporteur: Paolo Costa (A6-0259/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote(P6_TA(2005)0344

(P6_TA(2005)0344

6.4.   Fees payable to the European Medicines Agency * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 297/95 on fees payable to the European Medicines Agency (COM(2005)0106 — C6-0137/2005 — 2005/0023(CNS)) — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Karl-Heinz Florenz (A6-0264/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0345)

(P6_TA(2005)0345)

6.5.   Protocol to the EEC-Comoros Agreement on tuna fishing* (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation on the conclusion of the Protocol setting out the tuna fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010 (COM(2005)0187 — C6-0154/2005 — 2005/0092(CNS)) — Committee on Fisheries.

Rapporteur: Carmen Fraga Estévez (A6-0260/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0346)

(P6_TA(2005)0346)

6.6.   Request for waiver of the immunity of Mr Marios Matsakis (Rule 131) (vote)

(Rule 131) (vote)

Report on the request for waiver of the immunity of Mr Marios Matsakis (2004/2194(IMM)) — Committee on Legal Affairs.

Rapporteur: Klaus-Heiner Lehne (A6-0268/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

PROPOSAL FOR A DECISION

The following spoke: Bronisław Geremek, Klaus-Heiner Lehne, the rapporteur, on Mr Geremek's remarks, and Christopher Heaton-Harris.

Adopted by single vote (P6_TA(2005)0347)

(P6_TA(2005)0347)

6.7.   Data retention for combating crime, including terrorism (Rule 131) (vote final)

(Rule 131) (vote final)

Report on the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom for a Council framework decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purposes of the prevention, investigation, detection and prosecution of crime and criminal offences including terrorism (08958/2004 — C6-0198/2004 — 2004/0813(CNS)) — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Alexander Nuno Alvaro (A6-0174/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

The text of the initiative had been rejected on 07.06.2005(Minutes of 07.06.2005, Item 6.8) and the matter had been referred back to the committee responsible under Rule 52.

(Minutes of 07.06.2005, Item 6.8)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0348)

(P6_TA(2005)0348)

Parliament's vote confirmed its rejection of the text of the initiative. The procedure was thus brought to a close.

6.8.   Procedures in Member States for granting and withdrawing refugee status * (vote)

(vote)

Report on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (14203/2004 — C6-0200/2004 — 2000/0238(CNS)) — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Wolfgang Kreissl-Dörfler (A6-0222/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0349)

(P6_TA(2005)0349)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0349)

(P6_TA(2005)0349)

The following spoke on the vote:

The following spoke on the vote:

| — | Giusto Catania, who asked that amendment 180, which the President announced had fallen, be put to the vote (the President pointed out that the amendment had fallen as amendment 99 had been adopted), and the rapporteur, who agreed with the President. |
| --- | --- |

—

Giusto Catania, who asked that amendment 180, which the President announced had fallen, be put to the vote (the President pointed out that the amendment had fallen as amendment 99 had been adopted), and the rapporteur, who agreed with the President.

7.   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: Wolfgang Kreissl-Dörfler — A6-0222/2005

Philip Claeys

8.   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 2 to the Minutes, ‘Result of roll-call votes’.

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

After the two-week deadline has passed, the list of corrections to votes will be finalised so that it can be translated and published in the Official Journal.

Members present but not voting:

Members present but not voting:

Yiannakis Matsis had informed the Chair that he had been present but had not voted.

(The sitting was suspended at 12.25 and resumed at 15.05.)

(The sitting was suspended at 12.25 and resumed at 15.05.)

IN THE CHAIR: Luigi COCILOVO

Vice-President

9.   Approval of Minutes of previous sitting

The following spoke: Ursula Stenzel, who announced that written declaration 41/2005 on rheumatic diseases had been signed by the majority of Parliament's component Members.

*

- *

The Minutes of the previous sitting were approved.

10.   Territorial cohesion in regional development — A stronger partnership for the outermost regions (debate)

(debate)

Report on the role of territorial cohesion in regional development (2004/2256(INI)) — Committee on Regional Development.

Rapporteur: Ambroise Guellec (A6-0251/2005)

Report on a stronger partnership for the outermost regions (2004/2253(INI)) — Committee on Regional Development.

Rapporteur: Sérgio Marques (A6-0246/2005)

Ambroise Guellec introduced report (A6-0251/2005).

Sérgio Marques introduced report (A6-0246/2005).

Danuta Hübner (Member of the Commission) spoke.

The following spoke: Luis Manuel Capoulas Santos (draftsman of the opinion of the AGRI Committee), Duarte Freitas (draftsman of the opinion of the PECH Committee), Ewa Hedkvist Petersen, on behalf of the PSE Group, Konstantinos Hatzidakis, on behalf of the PPE-DE Group, Jean Marie Beaupuy, on behalf of the ALDE Group, Gisela Kallenbach, on behalf of the Verts/ALE Group, Pedro Guerreiro, on behalf of the GUE/NGL Group, Graham Booth, on behalf of the IND/DEM Group, Mieczysław Edmund Janowski, on behalf of the UEN Group, James Hugh Allister, Non-attached Member, Rolf Berend, Emanuel Jardim Fernandes and Alfonso Andria.

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

The following spoke: Kyriacos Triantaphyllides, Mirosław Mariusz Piotrowski, Salvatore Tatarella, Robert Kilroy-Silk, Margie Sudre, Bernadette Bourzai, Paul Verges, Ryszard Czarnecki, Jan Olbrycht, Catherine Stihler, Markus Pieper, Jamila Madeira, Ioannis Gklavakis, Lidia Joanna Geringer de Oedenberg, Guido Podestà, Zita Gurmai, Lambert van Nistelrooij, Stavros Arnaoutakis, Zbigniew Krzysztof Kuźmiuk, Manuel Medina Ortega, José Albino Silva Peneda, Paulo Casaca, Alexander Stubb, Richard Seeber, Francesco Musotto and Danuta Hübner.

The debate closed.

Vote: Minutes of 28.09.2005, Item 7.8 and Minutes of 28.09.2005, Item 7.9

Minutes of 28.09.2005, Item 7.8 and Minutes of 28.09.2005, Item 7.9

11.   Screening of the legislative proposals pending before the Legislator (debate)

(debate)

Commission communication: Screening of the legislative proposals pending before the Legislator

Günter Verheugen (Vice-President of the Commission) made the communication.

The following put questions that Günter Verheugen answered: Alexander Stubb, Hannes Swoboda and Alexander Radwan.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following put questions that Günter Verheugen answered in groups of three: Elizabeth Lynne, Monica Frassoni, Françoise Grossetête, Jules Maaten, Stephen Hughes and Elisabeth Schroedter.

The item closed.

12.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B6-0331/2005).

Part one

Part one

Question 39 (Albert Jan Maat): Spreading of infectious animal diseases into Europe.

Jacques Barrot (Vice-President of the Commission) answered the question and a supplementary by Albert Jan Maat.

Question 40 (Catherine Stihler): Air passenger compensation.

Jacques Barrot answered the question and supplementaries by Catherine Stihler, Bill Newton Dunn and Josu Ortuondo Larrea.

Question 41 (Athanasios Pafilis): Serious problems with flight safety.

Jacques Barrot answered the question and supplementaries by Athanasios Pafilis, Georgios Karatzaferis and Georgios Toussas.

Part two

Part two

Question 42 (Dimitrios Papadimoulis): Completion of Greek national land registry.

Danuta Hübner (Member of the Commission) answered the question and supplementaries by Dimitrios Papadimoulis, Georgios Papastamkos and Georgios Karatzaferis.

Question 43 (Georgios Karatzaferis): Admission of failure by the Greek authorities in achieving the take-up targets for 2005.

Danuta Hübner answered the question and supplementaries by Georgios Karatzaferis, Paul Rübig and Dimitrios Papadimoulis.

Question 44 (Ryszard Czarnecki): Funds for regional policy assistance.

Danuta Hübner answered the question.

Ryszard Czarnecki spoke.

Danuta Hübner answered supplementaries by David Martin and Justas Vincas Paleckis.

Questions 45 and 46 would receive written answers.

Question 47 (Jacques Toubon): Study on gambling services in the internal market.

Charlie McCreevy (Member of the Commission) answered the question and supplementaries by Jacques Toubon and David Martin.

Question 48 (Jelko Kacin): Difficulties experienced by gaming operators in advertising their activities in certain EU Member States.

Charlie McCreevy answered the question and a supplementary by Jelko Kacin.

Question 49 (Mairead McGuinness): Protection of consumers with regard to cross-border financial transactions.

Charlie McCreevy answered the question and supplementaries by Gay Mitchell (deputising for the author).

Questions 50 to 53 would receive written answers.

Question 54 (Bernd Posselt): Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin — Karlsbader Oblaten (Karlsbad Wafers).

Mariann Fischer Boel (Member of the Commission) answered the question and a supplementary by Bernd Posselt.

Question 55 (Agnes Schierhuber): Protected geographical indication status for ‘Olmützer Quargel’ under Regulation (EEC) No 2081/92.

Mariann Fischer Boel answered the question and a supplementary by Agnes Schierhuber.

Question 56 (Zbigniew Krzysztof Kuźmiuk): The soft fruit market in Poland.

Mariann Fischer Boel answered the question and a supplementary by Zbigniew Krzysztof Kuźmiuk.

Question 57 (Johan Van Hecke): Payment of European farm subsidies to large land-owners belonging to the aristocracy.

Mariann Fischer Boel answered the question and supplementaries by Johan Van Hecke, Bart Staes and Agnes Schierhuber.

Questions 58 to 96 would receive written answers.

Commission Question Time closed.

Jim Higgins asked whether the full time allotted for questions to Mariann Fischer Boel had been used. The President replied that it had.

13.   Rheumatic diseases (written declaration)

(written declaration)

Written declaration 41/2005, tabled by Richard Howitt, David Hammerstein Mintz, Ursula Stenzel, Adamos Adamou and Grażyna Staniszewska on rheumatic diseases, had, on 27.09.2005, been signed by the majority of Parliament's component Members and would therefore, under Rule 116(4), be forwarded to the institutions named therein and published, along with a list of the signatories' names, in the Texts Adopted of the sitting of 13.10.2005(P6_TA(2005)0389).

(P6_TA(2005)0389)

(The sitting was suspended at 19.40 and resumed at 21.00.)

(The sitting was suspended at 19.40 and resumed at 21.00.)

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

14.   Development of the Community's railways ***I — Certification of train crews ***I — International rail passengers' rights and obligations ***I — Contractual quality requirements for rail freight services ***I — (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 91/440/EEC on the development of the Community's railways (COM(2004)0139 — C6-0001/2004 — 2004/0047(COD)) — Committee on Transport and Tourism.

Rapporteur: Georg Jarzembowski (A6-0143/2005)

Report on the proposal for a directive of the European Parliament and of the Council on the certification of train crews operating locomotives and trains on the Community's rail network (COM(2004)0142 — C6-0002/2004 — 2004/0048(COD)) — Committee on Transport and Tourism.

Rapporteur: Gilles Savary (A6-0133/2005)

Report on the proposal for a regulation of the European Parliament and of the Council on International Rail Passengers' Rights and Obligations (COM(2004)0143 — C6-0003/2004 — 2004/0049(COD)) — Committee on Transport and Tourism.

Rapporteur: Dirk Sterckx (A6-0123/2005)

Report on the proposal for a regulation of the European Parliament and of the Council on compensation in cases of non-compliance with contractual quality requirements for rail freight services (COM(2004)0144 — C6-0004/2004 — 2004/0050(COD)) — Committee on Transport and Tourism.

Rapporteur: Roberts Zīle (A6-0171/2005)

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

After expressing his disappointment that the item in question had been scheduled for the night sitting, Georg Jarzembowski introduced report A6-0143/2005.

Gilles Savary introduced report (A6-0133/2005).

Dirk Sterckx introduced report (A6-0123/2005).

Roberts Zīle introduced report (A6-0171/2005).

The following spoke: Elisabeth Jeggle, on behalf of the PPE-DE Group, Willi Piecyk, on behalf of the PSE Group, Paolo Costa, on behalf of the ALDE Group, Michael Cramer, on behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Patrick Louis, on behalf of the IND/DEM Group, Luca Romagnoli, Non-attached Member, Reinhard Rack, who began by mentioning the order of business and endorsing Georg Jarzembowski's introductory remarks, Bogusław Liberadzki, Anne E. Jensen, Hélène Flautre, Erik Meijer, Gerard Batten, Armando Dionisi, Saïd El Khadraoui, Josu Ortuondo Larrea, Jaromír Kohlíček, Sylwester Chruszcz, Corien Wortmann-Kool, Inés Ayala Sender, Bogusław Sonik, Ewa Hedkvist Petersen, Péter Olajos, Jörg Leichtfried, Luís Queiró, Emanuel Jardim Fernandes, Zsolt László Becsey, Ulrich Stockmann, Małgorzata Handzlik, Marta Vincenzi, Stanisław Jałowiecki, Nikolaos Sifunakis, Etelka Barsi-Pataky, and Jacques Barrot.

The debate closed.

Vote: Minutes of 28.09.2005, Item 7.3, Minutes of 28.09.2005, Item 7.4, Minutes of 28.09.2005, Item 7.5 and Minutes of 28.09.2005, Item 7.6

Minutes of 28.09.2005, Item 7.3, Minutes of 28.09.2005, Item 7.4, Minutes of 28.09.2005, Item 7.5 and Minutes of 28.09.2005, Item 7.6

15.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 361.877/OJME).

16.   Closure of sitting

The sitting closed at 23.40.

Julian Priestley

Secretary-General

Jacek Emil Saryusz-Wolski

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Agnoletto, Albertini, 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, Berman, Birutis, Blokland, Bloom, Bobošíková, Böge, Bösch, Bono, Bonsignore, Booth, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carlotti, Carnero González, Carollo, Casa, Casaca, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Cesa, 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 Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dionisi, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duin, Duka-Zólyomi, Duquesne, Ebner, Ehler, 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, Fontaine, Ford, Fotyga, Fourtou, Fraga Estévez, Frassoni, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gibault, Gierek, Gill, Gklavakis, Glante, Glattfelder, Goebbels, Goepel, Golik, Gollnisch, Gomes, Gomolka, Goudin, 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, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Hannan, Harangozó, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Hudacký, Hughes, Hutchinson, Hybášková, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Kamall, Karas, Karatzaferis, Karim, Kasoulides, Kaufmann, Tunne Kelam, Kilroy-Silk, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Koch-Mehrin, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Krahmer, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lavarra, Lax, Lechner, Le Foll, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Marine Le Pen, Le Rachinel, Letta, Lévai, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liotard, Lipietz, Lombardo, Louis, Lucas, Ludford, Lulling, Lundgren, Lynne, Maat, Maaten, McAvan, McCarthy, McDonald, McMillan-Scott, Madeira, Malmström, Manders, Maňka, Erika Mann, Thomas Mann, Markov, Marques, Martens, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mastenbroek, Mathieu, Matsakis, Matsis, Matsouka, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Mohácsi, 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, Niebler, van Nistelrooij, Novak, Obiols i Germà, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Pálfi, Panayotopoulos-Cassiotou, Pannella, Papadimoulis, Papastamkos, Parish, Peillon, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Piskorski, Pistelli, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poettering, Poignant, Polfer, Poli Bortone, Pomés Ruiz, Portas, Posselt, Prets, Prodi, Purvis, Queiró, Rack, Radwan, Ransdorf, Rapkay, Remek, Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, 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, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savary, Savi, Sbarbati, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Schmidt, Ingo Schmitt, Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schuth, Schwab, Seeber, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, 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, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Valenciano Martínez-Orozco, Vanhecke, Van Hecke, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vaugrenard, Ventre, Verges, Vergnaud, Vernola, Vidal-Quadras Roca, de Villiers, Vincenzi, Virrankoski, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Henri Weber, Manfred Weber, Weiler, Weisgerber, Westlund, 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, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zimmerling, Zingaretti, Zvěřina, Zwiefka

Observers:

Ali Nedzhmi, Anastase Roberta Alma, Arabadjiev Alexander, Bărbuleţiu Tiberiu, Becşenescu Dumitru, Buruiană Aprodu Daniela, Coşea Dumitru Gheorghe Mircea, Duca Viorel Senior, Ganţ Ovidiu Victor, Hogea Vlad Gabriel, Christova Christina Velcheva, Husmenova Filiz, Iacob Ridzi Monica Maria, Kelemen Atilla Béla Ladislau, Kirilov Evgeni, Kónya-Hamar Sándor, Marinescu Marian-Jean, Mihăescu Eugen, Morţun Alexandru Ioan, Muscă Monica Octavia, Paparizov Atanas Atanassov, Petre Maria, Popeangă Petre, Severin Adrian, Shouleva Lydia, Silaghi Ovidiu Ioan, Sofianski Stefan, Stoyanov Dimitar, Szabó Károly Ferenc, Tîrle Radu

---

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.   Public procurement ***I

Report: Stefano ZAPPALÀ (A6-0270/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

+

2.   EC-Bulgaria Agreement on certain aspects of air services *

Report: Paolo COSTA (A6-0258/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

+

3.   EC-Croatia Agreement on certain aspects of air services *

Report: Paolo COSTA (A6-0259/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

+

4.   Fees payable to the European Medicines Agency *

Report: Karl-Heinz FLORENZ (A6-0264/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

+

5.   Protocol to the EEC-Comoros Agreement on tuna fishing *

Report: Carmen FRAGA ESTÉVEZ (A6-0260/2005)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Single vote | RCV | + | 473, 54, 82 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

RCV

+

473, 54, 82

Request for roll-call vote

PPE-DE final vote

IND/DEM final vote

6.   Request for waiver of the immunity of Mr Marios Matsakis

Report: Klaus-Heiner LEHNE (A6-0268/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Single vote

+

7.   Data retention for combating crime, including terrorism *

Report: Alexander Nuno ALVARO (A6-0174/2005)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Vote: legislative resolution | | + | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Vote: legislative resolution

+

Parliament had rejected the text of the initiative on 7 June 2005 and the matter had been referred back to the committee responsible (under Rule 52).

Through this vote, Parliament confirmed its rejection of the text of the initiative.

The procedure was thereby brought to a close.

8.   Procedures in Member States for granting and withdrawing refugee status *

Report: Wolfgang KREISSL-DÖRFLER (A6-0222/2005)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal for a directive |
| Amendments by the committee responsible — block vote | 1-11
  14-17
  20-35
  37-44
  46-55
  57-98
  100-109
  111-122
  130-131
  145-147
  149-156
  158-163
  169-174 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 18 | Committee | sep/EV | + | 330, 283, 12 |
| 19 | Committee | sep | + | |
| 36 | Committee | sep | + | |
| 157 | Committee | sep | + | |
| 164 | Committee | sep | + | |
| 165 | Committee | sep | + | |
| 166 | Committee | RCV | + | 511, 111, 20 |
| 167 | Committee | RCV | + | 507, 103, 28 |
| 168 | Committee | RCV | + | 505, 100, 29 |
| Article 6, § 1 | 45 | Committee | EV | + | 335, 290, 16 |
| 191 | PPE-DE | | ↓ | |
| Article 9a, §1 | 181 | GUE/NGL | EV | + | 323, 296, 13 |
| Article 17, § 2 | 99 | Committee | split | | |
| 1 | + | |
| 2/EV | - | 303, 337, 3 |
| 180 | GUE/NGL | | ↓ | |
| Article 23, § 4, point (c) | 175=
  186= | GUE/NGL
  Verts/ALE | | - | |
| 110 | Committee | EV | - | 257, 369, 5 |
| Article 27 | 176=
  187= | GUE/NGL
  Verts/ALE | | - | |
| 123-129 | Committee | | + | |
| Article 30 | 177=
  188= | GUE/NGL
  Verts/ALE | | - | |
| 132-139 | Committee | | + | |
| Article 30a | 140=
  189= | Committee


  Verts/ALE | | + | |
| Article 30c | 178=
  190= | GUE/NGL
  Verts/ALE | | - | |
| 141 | Committee | sep/EV | + | 347, 268, 15 |
| 143 | Committee | sep | + | |
| 144 | Committee | sep | + | |
| Annex B | 179 | GUE/NGL | | - | |
| Rec 17 | 183 | Verts/ALE | | - | |
| Rec 18 | 184 | Verts/ALE | | - | |
| 12 | Committee | | + | |
| Rec 19 | 185 | Verts/ALE | | - | |
| 13 | Committee | | + | |
| Vote: amended proposal | EV | + | 308, 300, 33 |
| Draft legislative resolution |
| After § 3 | 182 | PSE | EV | + | 321, 300, 15 |
| Vote: legislative resolution | RCV | + | 305, 302, 33 |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal for a directive

Amendments by the committee responsible — block vote

1-11

14-17

20-35

37-44

46-55

57-98

100-109

111-122

130-131

145-147

149-156

158-163

169-174

Committee

+

Amendments by the committee responsible — separate vote

18

Committee

sep/EV

+

330, 283, 12

19

Committee

sep

+

36

Committee

sep

+

157

Committee

sep

+

164

Committee

sep

+

165

Committee

sep

+

166

Committee

RCV

+

511, 111, 20

167

Committee

RCV

+

507, 103, 28

168

Committee

RCV

+

505, 100, 29

Article 6, § 1

45

Committee

EV

+

335, 290, 16

191

PPE-DE

↓

Article 9a, §1

181

GUE/NGL

EV

+

323, 296, 13

Article 17, § 2

99

Committee

split

1

+

2/EV

-

303, 337, 3

180

GUE/NGL

↓

Article 23, § 4, point (c)

175=

186=

GUE/NGL

Verts/ALE

-

110

Committee

EV

-

257, 369, 5

Article 27

176=

187=

GUE/NGL

Verts/ALE

-

123-129

Committee

+

Article 30

177=

188=

GUE/NGL

Verts/ALE

-

132-139

Committee

+

Article 30a

140=

189=

Committee

Verts/ALE

+

Article 30c

178=

190=

GUE/NGL

Verts/ALE

-

141

Committee

sep/EV

+

347, 268, 15

143

Committee

sep

+

144

Committee

sep

+

Annex B

179

GUE/NGL

-

Rec 17

183

Verts/ALE

-

Rec 18

184

Verts/ALE

-

12

Committee

+

Rec 19

185

Verts/ALE

-

13

Committee

+

Vote: amended proposal

EV

+

308, 300, 33

Draft legislative resolution

After § 3

182

PSE

EV

+

321, 300, 15

Vote: legislative resolution

RCV

+

305, 302, 33

Amendment 56 had been cancelled.

Requests for split votes

PSE

am 99

First part: Text as a whole without the words ‘The period of detention shall not exceed 6 months’ (= §3).

Second part: those words

Requests for roll-call votes

PSE: ams 166, 167 and 168

PPE-DE: final vote

Requests for separate votes

PPE-DE: ams 18, 19, 36, 141, 143, 144, 157, 164 and 165

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Report: Fraga Estévez A6-0260/2005

Resolution

For: 473

ALDE: Costa, De Sarnez, Morillon, Pistelli, Prodi, Takkula

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Seppänen, Strož, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Borghezio, Chruszcz, Grabowski, Karatzaferis, Krupa, Louis, Pęk, Piotrowski, Rogalski, Salvini, Speroni, de Villiers, Zapałowski

NI: Battilocchio, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Lang, Le Pen Jean-Marie, Le Pen Marine, Martin Hans-Peter, Masiel, Mölzer, Mussolini, Romagnoli, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Cabrnoch, Callanan, Carollo, Casa, Castiglione, del Castillo Vera, Cesa, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Fajmon, Fatuzzo, Ferber, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, 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, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Purvis, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varvitsiotis, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zieleniec, Zimmerling, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Díez González, Dobolyi, Douay, Duin, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hegyi, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Camre, Crowley, Didžiokas, Janowski, Krasts, Libicki, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

Verts/ALE: Hammerstein Mintz

Against: 54

ALDE: Malmström

GUE/NGL: Meijer, Sjöstedt

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Goudin, Lundgren, Nattrass, Titford, Whittaker, Wise, Wohlin

NI: Allister, Kilroy-Silk, Mote

UEN: Angelilli

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

Abstention: 82

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bonino, Bourlanges, Bowles, Budreikaitė, Busk, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Davies, Degutis, Deprez, Drčar Murko, Duff, Duquesne, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Polfer, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Toia, Väyrynen, Van Hecke, Wallis, Watson

GUE/NGL: Krarup, Pafilis

IND/DEM: Belder, Blokland, Coûteaux, Sinnott, Železný

NI: Baco, Gollnisch, Helmer, Kozlík

PSE: Bullmann, Hedh, Hedkvist Petersen

UEN: Fotyga

Corrections to votes

For

Etelka Barsi-Pataky, Bárbara Dührkop Dührkop

Against

Kartika Tamara Liotard, Eva-Britt Svensson

2.   Report: Kreissl-Dörfler A6-0222/2005

Amendment 166

For: 511

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

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

IND/DEM: Bonde

NI: Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Martin Hans-Peter, Masiel, Rutowicz

PPE-DE: Albertini, Antoniozzi, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Buzek, Carollo, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Cesa, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, 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, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zieleniec, Zimmerling, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Capoulas Santos, Carlotti, Casaca, Castex, Cercas, Christensen, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Dobolyi, Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, Lienemann, Madeira, Maňka, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Mikko, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Pahor, Paleckis, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Savary, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Zingaretti

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

Against: 111

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Borghezio, Chruszcz, Clark, Coûteaux, Farage, Grabowski, Karatzaferis, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Titford, de Villiers, Whittaker, Wise, Zapałowski, Železný

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

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Elles, Fajmon, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Pieper, Purvis, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Zahradil, Zvěřina

PSE: Ayala Sender, Badia I Cutchet, Berlinguer, Calabuig Rull, Carnero González, Díez González, Douay, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Obiols i Germà, Pleguezuelos Aguilar, Riera Madurell, Salinas García, Sánchez Presedo, Sornosa Martínez, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Didžiokas, Fotyga, Janowski, Krasts, Kristovskis, La Russa, Libicki, Musumeci, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Tatarella, Vaidere

Abstention: 20

IND/DEM: Goudin, Lundgren, Wohlin

NI: Baco, Kilroy-Silk, Kozlík, Mote

PSE: Corbett, Gill, Honeyball, Hughes, McAvan, McCarthy, Martin David, Moraes, Skinner, Stihler, Whitehead, Wynn

UEN: Szymański

Corrections to votes

For

Bárbara Dührkop Dührkop

3.   Report: Kreissl-Dörfler A6-0222/2005

Amendment 167

For: 507

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

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

IND/DEM: Bonde

NI: Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Martin Hans-Peter, Masiel, Rutowicz

PPE-DE: Albertini, Antoniozzi, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Buzek, Carollo, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Cesa, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, 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, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Marques, Martens, Mathieu, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, 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, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zieleniec, Zimmerling, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Dobolyi, Douay, Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Ilves, Jöns, Kindermann, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, Lienemann, Madeira, Maňka, Mastenbroek, Matsouka, Mikko, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Paleckis, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Savary, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Zingaretti

UEN: Camre

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

Against: 103

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Borghezio, Chruszcz, Clark, Coûteaux, Farage, Grabowski, Karatzaferis, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Titford, de Villiers, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Claeys, Dillen, Helmer, Mölzer, Vanhecke

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

PSE: Ayala Sender, Badia I Cutchet, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Gruber, Martínez Martínez, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Obiols i Germà, Pleguezuelos Aguilar, Riera Madurell, Salinas García, Sánchez Presedo, Sornosa Martínez, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Crowley, Didžiokas, Fotyga, Janowski, Krasts, Kristovskis, La Russa, Libicki, Musumeci, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

Abstention: 28

IND/DEM: Goudin, Lundgren

NI: Baco, Gollnisch, Kilroy-Silk, Kozlík, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Romagnoli, Schenardi

PSE: Corbett, Gill, Honeyball, Hughes, McAvan, McCarthy, Mann Erika, Martin David, Moraes, Skinner, Stihler, Whitehead, Wynn

Corrections to votes

For

Bárbara Dührkop Dührkop

4.   Report: Kreissl-Dörfler A6-0222/2005

Amendment 168

For: 505

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

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

IND/DEM: Bonde

NI: Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Martin Hans-Peter, Masiel, Rutowicz

PPE-DE: Albertini, Antoniozzi, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Buzek, Carollo, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Cesa, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, 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, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, 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, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zieleniec, Zimmerling, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Dobolyi, Douay, Duin, El Khadraoui, Estrela, Ettl, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Goebbels, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, Lienemann, Madeira, Maňka, Mastenbroek, Matsouka, Mikko, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Paleckis, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Savary, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Zingaretti

UEN: Camre

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

Against: 100

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Borghezio, Chruszcz, Clark, Coûteaux, Farage, Grabowski, Karatzaferis, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Titford, de Villiers, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Claeys, Dillen, Helmer, Vanhecke

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

PSE: Ayala Sender, Badia I Cutchet, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Martínez Martínez, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Obiols i Germà, Pleguezuelos Aguilar, Riera Madurell, Salinas García, Sánchez Presedo, Sornosa Martínez, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Crowley, Didžiokas, Fotyga, Janowski, Krasts, Kristovskis, La Russa, Libicki, Musumeci, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

Abstention: 29

IND/DEM: Goudin, Lundgren

NI: Baco, Gollnisch, Kilroy-Silk, Kozlík, Lang, Le Pen Jean-Marie, Le Pen Marine, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi

PSE: Corbett, Gill, Honeyball, Hughes, Kinnock, McAvan, McCarthy, Mann Erika, Martin David, Moraes, Skinner, Stihler, Whitehead, Wynn

Corrections to votes

For

Bárbara Dührkop Dührkop

5.   Report: Kreissl-Dörfler A6-0222/2005

Resolution

For: 305

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Bowles, Busk, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa, Davies, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Oviir, Pannella, Pistelli, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Wallis, Watson

GUE/NGL: Brie, Flasarová, Henin, Kaufmann, Kohlíček, Markov, Maštálka, Ransdorf, Strož, Uca, Verges, Wurtz, Zimmer

NI: Battilocchio, Belohorská, Bobošíková, Czarnecki Ryszard, De Michelis, Rutowicz

PPE-DE: Cederschiöld, Fjellner, Hökmark, Hybášková, Ibrisagic, Wijkman

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

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

Against: 302

ALDE: Birutis, Budreikaitė, Degutis, Deprez

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Borghezio, Chruszcz, Clark, Coûteaux, Farage, Grabowski, Karatzaferis, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Titford, de Villiers, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Claeys, Czarnecki Marek Aleksander, Dillen, Gollnisch, Helmer, Kilroy-Silk, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Carollo, Casa, Caspary, Castiglione, del Castillo Vera, Cesa, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Fajmon, Fatuzzo, Ferber, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, 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, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varvitsiotis, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zieleniec, Zimmerling, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Didžiokas, Fotyga, Janowski, Krasts, Kristovskis, La Russa, Libicki, Musumeci, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

Verts/ALE: Schlyter

Abstention: 33

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Guerreiro, Krarup, Liotard, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Seppänen, Sjöstedt, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Bonde, Goudin, Lundgren, Wohlin

NI: Baco, Kozlík, Martin Hans-Peter

PPE-DE: Esteves, Gaubert

PSE: Attard-Montalto, Grech, Mann Erika, Muscat

Corrections to votes

Abstention

Patrick Gaubert

---

TEXTS ADOPTED

P6_TA(2005)0342

Public procurement ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (COM(2005)0214 — C6-0155/2005 — 2005/0100(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0214) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0214) (1),

| — | having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0155/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0155/2005),

| — | 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 the Internal Market and Consumer Protection (A6-0270/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0270/2005),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

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

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0343

EC-Bulgaria Agreement 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 Bulgaria on certain aspects of air services (COM(2005)0158 — C6-0177/2005 — 2005/0060(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2005)0158) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2005)0158) (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 (C6-0177/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0177/2005),

| — | 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 (A6-0258/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0258/2005),

| 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 Bulgaria. |
| --- | --- |

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 Bulgaria.

---

(1)  Not yet published in OJ.

P6_TA(2005)0344

EC-Croatia Agreement 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 Croatia on certain aspects of air services (COM(2005)0159 — C6-0173/2005 — 2005/0059(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2005)0159) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2005)0159) (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 (C6-0173/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0173/2005),

| — | 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 (A6-0259/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0259/2005),

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

1.

Approves the conclusion of the agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0345

Fees payable to the European Medicines Agency *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 297/95 on fees payable to the European Medicines Agency (COM(2005)0106 — C6-0137/2005 — 2005/0023(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0106) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0106) (1),

| — | having regard to Article 12 of Council Regulation (EC) No 297/95 of 10 February 1995 (2), pursuant to which the Council consulted Parliament (C6-0137/2005), |
| --- | --- |

—

having regard to Article 12 of Council Regulation (EC) No 297/95 of 10 February 1995 (2), pursuant to which the Council consulted Parliament (C6-0137/2005),

| — | 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 the Environment, Public Health and Food Safety and the opinion of the Committee on Budgets (A6-0264/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Budgets (A6-0264/2005),

| 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.

| (4a) | In order to respect the principle of proportionality, medicinal products in which the active substances have been in well-established medicinal use within the Community for at least ten years should benefit from a reduced annual fee. |
| --- | --- |

(4a)

In order to respect the principle of proportionality, medicinal products in which the active substances have been in well-established medicinal use within the Community for at least ten years should benefit from a reduced annual fee.

A reduced fee of 90 000 Euro shall apply to applications for a marketing authorisation pursuant to Articles 10(1), 10(3) and 10c of Directive 2001/83/EC of the European Parliament and of the Council. That fee shall cover a single strength associated with one pharmaceutical form and one presentation.

A reduced fee of 90 000 Euro shall apply to applications for a marketing authorisation pursuant to Articles 10(1), 10(3),
  10a
  and 10c of Directive 2001/83/EC of the European Parliament and of the Council. That fee shall cover a single strength associated with one pharmaceutical form and one presentation.
  In exceptional cases, where an extensive workload relating to the evaluation of an application for marketing authorisation pursuant to Article 10a of Directive 2001/83/EC can be demonstrated, a fee of up to 232 000 Euro may be determined in accordance with Article 11(2) of this Regulation.

A scientific service fee shall apply where an application is made for any scientific advice or opinion by a scientific Committee, which is not covered by Articles 3 to 7 or by Article 8(1). This includes
  any evaluation of traditional herbal medicinal products
  , any opinion on medicinal products for compassionate use, any consultation on ancillary substances, including blood derivatives, incorporated in medical devices, and any evaluation of plasma master files and vaccine antigen master files.

A scientific service fee shall apply where an application is made for any scientific advice or opinion by a scientific Committee, which is not covered by Articles 3 to 7 or by Article 8(1). This includes any opinion on medicinal products for compassionate use, any consultation on ancillary substances, including blood derivatives, incorporated in medical devices, and any evaluation of plasma master files and vaccine antigen master files.

When it concerns medicinal products for human use, the fee shall be 232 000 Euro.

When it concerns medicinal products for human use, the fee shall be
  not more than
  232 000 Euro.

When it concerns veterinary medicinal products, the fee shall be 116 000 Euro.

When it concerns veterinary medicinal products, the fee shall be
  not more than
  116 000 Euro.

When it concerns the evaluation of traditional herbal medicinal products, the fee shall be not more than 25 000 Euro.

The provisions of Article 3 shall apply to any scientific opinion for the evaluation of medicinal products for human use intended exclusively for markets outside the Community pursuant to Article 58 of Regulation (EC) No 726/2004.

The provisions of Article 3 shall apply to any scientific opinion for the evaluation of medicinal products for human use intended exclusively for markets outside the Community pursuant to Article 58 of Regulation (EC) No 726/2004.

A reduced scientific service fee falling within the range of 2 500 Euro to 200 000 Euro shall apply for certain scientific opinions or services concerning medicinal products for human use.

A reduced scientific service fee falling within the range of 2 500 Euro to 200 000 Euro shall apply for certain scientific opinions or services concerning medicinal products for human use.

A reduced scientific service fee falling within the range of 2 500 Euro to 100 000 Euro shall apply for certain scientific opinions or services concerning veterinary medicinal products.

A reduced scientific service fee falling within the range of 2 500 Euro to 100 000 Euro shall apply for certain scientific opinions or services concerning veterinary medicinal products.

A reduced scientific service fee falling within the range of 2 500 Euro to 25 000 Euro shall apply for certain scientific opinions or services concerning traditional herbal medicinal products.

The scientific opinions or services referred to in the
  fifth and
  sixth subparagraph shall be included in a list, which shall be drawn up in accordance with Article 11(2).

The scientific opinions or services referred to in the sixth,
  seventh and eighth
  subparagraph shall be included in a list, which shall be drawn up in accordance with Article 11(2).

---

(1)  Not yet published in OJ.

(2)  OJ L 35, 15.2.1995, p. 1. Regulation as last amended by Commission Regulation (EC) No 494/2003 (OJ L 73, 19.3.2003, p. 6).

P6_TA(2005)0346

Protocol to the EEC-Comoros Agreement on tuna fishing *

European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Protocol setting out the tuna fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010 (COM(2005)0187 — C6-0154/2005 — 2005/0092(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (COM(2005)0187) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (COM(2005)0187) (1),

| — | having regard to Articles 37 and 300(2) of the EC Treaty, |
| --- | --- |

—

having regard to Articles 37 and 300(2) of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0154/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0154/2005),

| — | 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 Fisheries and the opinions of the Committee on Budgets and the Committee on Development (A6-0260/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development (A6-0260/2005),

| 1. | Approves the proposal for a Council regulation as amended and approves conclusion of the protocol; |
| --- | --- |

1.

Approves the proposal for a Council regulation as amended and approves conclusion of the protocol;

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

2.

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

| — | Having regard to the Council Conclusions of 19 July 2004 on Fisheries Partnership Agreements, |
| --- | --- |

—

Having regard to the Council Conclusions of 19 July 2004 on Fisheries Partnership Agreements,

| (2a) | It is important to improve the information provided to the European Parliament. To this end, the Commission should draw up an annual report on the implementation of the agreement. |
| --- | --- |

(2a)

It is important to improve the information provided to the European Parliament. To this end, the Commission should draw up an annual report on the implementation of the agreement.

Article 3a

During the final year of the Protocol's validity and before another agreement is concluded on its renewal, the Commission shall submit to the European Parliament and the Council a report on the application of the agreement.

Article 3b

On the basis of the report referred to in Article 3a and after consulting the European Parliament, the Council shall, where appropriate, grant the Commission a negotiating mandate with a view to the adoption of a new protocol.

Article 3c

The Commission shall forward to the European Parliament and the Council a copy of the multiannual sectoral programme and its implementing rules which the Comorian authorities are to provide in accordance with Article 7(2) of the Protocol.

Article 3d

When the first meeting of the Joint Committee provided for in Article 7(1) of the Agreement is held, the Commission shall inform the Comorian authorities of the attendance of shipowners' representatives at subsequent meetings of the Joint Committee.

---

(1)  Not yet published in OJ.

P6_TA(2005)0347

Request for waiver of the immunity of Mr Marios Matsakis

European Parliament decision on the request for waiver of the immunity of Marios Matsakis (2004/2194(IMM))

The European Parliament,

| — | having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the Attorney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting on 13 October 2004, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the Attorney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting on 13 October 2004,

| — | having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios Matsakis challenged the Attorney-General's authority to make such a request for waiver of his immunity, |
| --- | --- |

—

having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios Matsakis challenged the Attorney-General's authority to make such a request for waiver of his immunity,

| — | having regard to the two letters confirming the Attorney-General's authority to make a request for waiver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of Cyprus on 13 October 2004 and on 10 February 2005 to the President of the European Parliament, |
| --- | --- |

—

having regard to the two letters confirming the Attorney-General's authority to make a request for waiver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of Cyprus on 13 October 2004 and on 10 February 2005 to the President of the European Parliament,

| — | having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005, |
| --- | --- |

—

having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005,

| — | having heard Marios Matsakis in accordance with Rule 7(3) of its Rules of Procedure, |
| --- | --- |

—

having heard Marios Matsakis in accordance with Rule 7(3) of its Rules of Procedure,

| — | having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities, |
| --- | --- |

—

having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

| — | having regard to Articles 83 and 113 of the Constitution of the Republic of Cyprus, |
| --- | --- |

—

having regard to Articles 83 and 113 of the Constitution of the Republic of Cyprus,

| — | having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0268/2005), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0268/2005),

| 1. | Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver of a Member's immunity; |
| --- | --- |

1.

Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver of a Member's immunity;

| 2. | Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any other measure which might prevent him from performing the duties attaching to his mandate as a Member of the European Parliament; |
| --- | --- |

2.

Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any other measure which might prevent him from performing the duties attaching to his mandate as a Member of the European Parliament;

| 3. | Instructs its President to forward this decision and the report of its committee responsible to the Attorney-General of the Republic of Cyprus. |
| --- | --- |

3.

Instructs its President to forward this decision and the report of its committee responsible to the Attorney-General of the Republic of Cyprus.

---

(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

P6_TA(2005)0348

Data retention for combating crime, including terrorism *

European Parliament legislative resolution on the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom for a Draft Framework Decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism (8958/2004 — C6-0198/2004 — 2004/0813(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom (8958/2004) (1), |
| --- | --- |

—

having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom (8958/2004) (1),

| — | having regard to Article 34(2)(b) of the EU Treaty, |
| --- | --- |

—

having regard to Article 34(2)(b) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0198/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0198/2004),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Rules 93, 51 and 35 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93, 51 and 35 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0174/2005), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0174/2005),

| 1. | Rejects the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom; |
| --- | --- |

1.

Rejects the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom;

| 2. | Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw their initiative; |
| --- | --- |

2.

Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw their initiative;

| 3. | Instructs its President to forward its position to the Council and Commission, and the governments of the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission, and the governments of the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom.

---

(1)  Not yet published in OJ.

P6_TA(2005)0349

Procedures in Member States for granting and withdrawing refugee status *

European Parliament legislative resolution on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (14203/2004 — C6-0200/2004 — 2000/0238(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Council draft (14203/2004) (1), |
| --- | --- |

—

having regard to the Council draft (14203/2004) (1),

| — | having regard to the amended Commission proposal to the Council (COM(2002)0326) (2), |
| --- | --- |

—

having regard to the amended Commission proposal to the Council (COM(2002)0326) (2),

| — | having regard to its position of 20 September 2001 (3), |
| --- | --- |

—

having regard to its position of 20 September 2001 (3),

| — | having regard to Article 63(1)(1)(d) of the EC Treaty, |
| --- | --- |

—

having regard to Article 63(1)(1)(d) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0200/2004), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0200/2004),

| — | having regard to Rules 51, 41(4) and 55(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 41(4) and 55(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development and the Committee on Legal Affairs (A6-0222/2005), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development and the Committee on Legal Affairs (A6-0222/2005),

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

1.

Approves the Council 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. | Reserves the right to bring an action before the Court of Justice in order to seek verification of the legality of the proposal and of the compatibility thereof with fundamental rights; |
| --- | --- |

4.

Reserves the right to bring an action before the Court of Justice in order to seek verification of the legality of the proposal and of the compatibility thereof with fundamental rights;

| 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.

| (1a) | Every Member State should have a comprehensive national legal framework on asylum that respects at least the basic protection provided under international asylum law. |
| --- | --- |

(1a)

Every Member State should have a comprehensive national legal framework on asylum that respects at least the basic protection provided under international asylum law.

| (2) | The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 (‘Geneva Convention’), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to
  persecution
  . |
| --- | --- |

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 (‘Geneva Convention’), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to
  persecution
  .

| (2) | The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 (‘Geneva Convention’), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to
  countries or territories where their life or freedom could be at risk
  . |
| --- | --- |

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 (‘Geneva Convention’), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to
  countries or territories where their life or freedom could be at risk
  .

| (3a) | The European Council, at its meeting in Den Haag on 4 and 5 November 2004, confirmed the approach adopted in Tampere and agreed on the establishment by 2010 of a common asylum procedure and uniform status for those who are granted asylum or subsidiary protection. |
| --- | --- |

(3a)

The European Council, at its meeting in Den Haag on 4 and 5 November 2004, confirmed the approach adopted in Tampere and agreed on the establishment by 2010 of a common asylum procedure and uniform status for those who are granted asylum or subsidiary protection.

| (5) | The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status. |
| --- | --- |

(5)

The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status.

| (5) | The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status,
  ensuring that no Member State expels or returns an applicant for asylum in any manner whatsoever to the border of a territory where his life or freedom would be threatened on account of his race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority, or political opinion, in accordance with international standards, in particular the Geneva Convention and the Tampere Conclusions on asylum. |
| --- | --- |

(5)

The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status,
  ensuring that no Member State expels or returns an applicant for asylum in any manner whatsoever to the border of a territory where his life or freedom would be threatened on account of his race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority, or political opinion, in accordance with international standards, in particular the Geneva Convention and the Tampere Conclusions on asylum.

| (8) | This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(8)

This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

| (8) | This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,
  as general principles of Community law, and by all existing international obligations, in particular the Geneva Convention
  . |
| --- | --- |

(8)

This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,
  as general principles of Community law, and by all existing international obligations, in particular the Geneva Convention
  .

| (9) | With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination. |
| --- | --- |

(9)

With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination.

| (9) | With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit
  all forms of
  discrimination. |
| --- | --- |

(9)

With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit
  all forms of
  discrimination.

| (11) | It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive. |
| --- | --- |

(11)

It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive.

| (11) | It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum
  , and there therefore need to be prompt and efficient procedures which should not take longer than six months
  . The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive. |
| --- | --- |

(11)

It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum
  , and there therefore need to be prompt and efficient procedures which should not take longer than six months
  . The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive.

| (13) | In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should,
  subject to certain exceptions,
  have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and
  sufficient
  procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should
  normally
  provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she
  can reasonably be supposed to understand
  . |
| --- | --- |

(13)

In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should,
  subject to certain exceptions,
  have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and
  sufficient
  procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should
  normally
  provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she
  can reasonably be supposed to understand
  .

| (13) | In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she
  understands
  .

  (The replacement of ‘can reasonably be supposed to understand’ by ‘understands’ or ‘understand’ applies throughout the text.) |
| --- | --- |

(13)

In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she
  understands
  .

(The replacement of ‘can reasonably be supposed to understand’ by ‘understands’ or ‘understand’ applies throughout the text.)

| (14) | In addition, specific procedural guarantees for unaccompanied
  minors
  should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States. |
| --- | --- |

(14)

In addition, specific procedural guarantees for unaccompanied
  minors
  should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States.

| (14) | In addition, specific procedural guarantees for unaccompanied
  children
  should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States
  throughout the whole asylum procedure, in accordance with Article 3 of the UN Convention on the Rights of the Child (CRC)
  . |
| --- | --- |

(14)

In addition, specific procedural guarantees for unaccompanied
  children
  should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States
  throughout the whole asylum procedure, in accordance with Article 3 of the UN Convention on the Rights of the Child (CRC)
  .

(The replacement of ‘minor’ or ‘minors’ by ‘child’ or ‘children’ applies throughout the text.)

| (16) | Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border.
  Common rules should be defined on possible exceptions made in these circumstances to the guarantees normally enjoyed by applicants
  . Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States. |
| --- | --- |

(16)

Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border.
  Common rules should be defined on possible exceptions made in these circumstances to the guarantees normally enjoyed by applicants
  . Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States.

| (16) | Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border. Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States. |
| --- | --- |

(16)

Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border. Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States.

| (17a) | Trafficking is one of the main ways for applicants to enter the Member States. Bearing in mind the need to take account of their best interests, asylum applicants should not be discriminated against in any way in their application for having entered the Member State in such a manner. |
| --- | --- |

(17a)

Trafficking is one of the main ways for applicants to enter the Member States. Bearing in mind the need to take account of their best interests, asylum applicants should not be discriminated against in any way in their application for having entered the Member State in such a manner.

| (18) | Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established. |
| --- | --- |

(18)

Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established.

| (18) | Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established,
  and it must be ensured that evaluation and implementation are carried out correctly and efficiently
  . |
| --- | --- |

(18)

Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established,
  and it must be ensured that evaluation and implementation are carried out correctly and efficiently
  .

| (19) | Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the
  minimum
  common list of safe countries of origin to be adopted pursuant to this Directive, Member States
  should be obliged to
  consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council should take any decisions on the establishment or amendment of the list
  , after consultation of the European Parliament
  . |
| --- | --- |

(19)

Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the
  minimum
  common list of safe countries of origin to be adopted pursuant to this Directive, Member States
  should be obliged to
  consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council should take any decisions on the establishment or amendment of the list
  , after consultation of the European Parliament
  .

| (19) | Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the common list of safe countries of origin to be adopted pursuant to this Directive, Member States
  may
  consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council
  , in co-decision with the European Parliament,
  should take any decisions on the establishment or amendment of the list. |
| --- | --- |

(19)

Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the common list of safe countries of origin to be adopted pursuant to this Directive, Member States
  may
  consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council
  , in co-decision with the European Parliament,
  should take any decisions on the establishment or amendment of the list.

| (20) | It results from the status of Bulgaria and Romania as candidate countries for the accession to the European Union and the progress made by these countries for membership that they should be regarded as constituting safe countries of origin for the purposes of this Directive until the date of their accession to the European Union. |
| --- | --- |

(20)

It results from the status of Bulgaria and Romania as candidate countries for the accession to the European Union and the progress made by these countries for membership that they should be regarded as constituting safe countries of origin for the purposes of this Directive until the date of their accession to the European Union.

deleted

| (21) | The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her. |
| --- | --- |

(21)

The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her.

| (21) | The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country
  , including adherence to the rules of international law on human rights, fundamental freedoms and refugee protection,
  and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her. |
| --- | --- |

(21)

The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country
  , including adherence to the rules of international law on human rights, fundamental freedoms and refugee protection,
  and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her.

| (22) | Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where
  this Directive provides otherwise, in particular where it can be reasonably assumed
  that another country
  would
  do the examination
  or
  provide
  sufficient
  protection. Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise
  sufficient
  protection and the applicant will be readmitted to this country. |
| --- | --- |

(22)

Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where
  this Directive provides otherwise, in particular where it can be reasonably assumed
  that another country
  would
  do the examination
  or
  provide
  sufficient
  protection. Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise
  sufficient
  protection and the applicant will be readmitted to this country.

| (22) | Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where
  it is established
  that another country
  is competent to
  do the examination
  and can
  provide
  effective, equivalent and adequate
  protection
  in accordance with Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national

   (4). Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise
  effective
  protection and the applicant will be readmitted to this country.

  (The replacement of ‘sufficient protection’ by ‘effective protection’ applies throughout the text.) |
| --- | --- |

(22)

Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where
  it is established
  that another country
  is competent to
  do the examination
  and can
  provide
  effective, equivalent and adequate
  protection
  in accordance with Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national

   (4). Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise
  effective
  protection and the applicant will be readmitted to this country.

(The replacement of ‘sufficient protection’ by ‘effective protection’ applies throughout the text.)

| (23) | Member States should also not be obliged to assess the substance of an asylum application where the applicant, due to a connection to a third country as defined by national law, can reasonably be expected to seek protection in that third country. Member States should only proceed on this basis where this particular applicant would be safe in the third country concerned. In the interest of avoiding secondary movements of applicants, common principles for the consideration or designation by Member States of third countries as safe should be established. |
| --- | --- |

(23)

Member States should also not be obliged to assess the substance of an asylum application where the applicant, due to a connection to a third country as defined by national law, can reasonably be expected to seek protection in that third country. Member States should only proceed on this basis where this particular applicant would be safe in the third country concerned. In the interest of avoiding secondary movements of applicants, common principles for the consideration or designation by Member States of third countries as safe should be established.

deleted

| (24) | Furthermore, with respect to certain European third countries, which observe particularly high human rights and refugee protection standards, Member States should be allowed to carry out no or no full examination of asylum applications regarding applicants who enter their territory from such European third countries. Given the potential consequences for the applicant of a restricted or omitted examination, this application of the safe third country concept should be restricted to cases involving third countries with respect to which the Council has satisfied itself that the high standards for the safety of the third country concerned, as set out in this Directive, are fulfilled. The Council should take decisions in this matter after consultation of the European Parliament. |
| --- | --- |

(24)

Furthermore, with respect to certain European third countries, which observe particularly high human rights and refugee protection standards, Member States should be allowed to carry out no or no full examination of asylum applications regarding applicants who enter their territory from such European third countries. Given the potential consequences for the applicant of a restricted or omitted examination, this application of the safe third country concept should be restricted to cases involving third countries with respect to which the Council has satisfied itself that the high standards for the safety of the third country concerned, as set out in this Directive, are fulfilled. The Council should take decisions in this matter after consultation of the European Parliament.

deleted

| (25) | It follows from the nature of the common standards concerning
  both
  safe third country
  concepts
  as set out in this Directive, that the practical effect of the
  concepts
  depends on whether the third country in question permits the applicant in question to enter its territory. |
| --- | --- |

(25)

It follows from the nature of the common standards concerning
  both
  safe third country
  concepts
  as set out in this Directive, that the practical effect of the
  concepts
  depends on whether the third country in question permits the applicant in question to enter its territory.

| (25) | It follows from the nature of the common standards concerning
  the
  safe third country
  concept
  as set out in this Directive, that the practical effect of the
  concept
  depends on whether the third country in question permits the applicant in question to enter its territory. |
| --- | --- |

(25)

It follows from the nature of the common standards concerning
  the
  safe third country
  concept
  as set out in this Directive, that the practical effect of the
  concept
  depends on whether the third country in question permits the applicant in question to enter its territory.

| (26) | With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status.
  However, these guarantees can be dispensed with where the reasons for the cessation of the refugee status is not related to a change of the conditions on which the recognition was based. |
| --- | --- |

(26)

With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status.
  However, these guarantees can be dispensed with where the reasons for the cessation of the refugee status is not related to a change of the conditions on which the recognition was based.

| (26) | With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status. |
| --- | --- |

(26)

With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status.

| (27) | It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community.
  The effectiveness of the remedy, also with regard to the examination of the relevant facts, depends on the administrative and judicial system of each Member State seen as a whole. |
| --- | --- |

(27)

It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community.
  The effectiveness of the remedy, also with regard to the examination of the relevant facts, depends on the administrative and judicial system of each Member State seen as a whole.

| (27) | It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community.
  Decisions taken on an application for asylum should be subject to an appeal consisting of an examination of both facts and points of law by a court of law. The applicant should be entitled not to be expelled until a court has ruled on the right to remain pending the outcome of that appeal. |
| --- | --- |

(27)

It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community.
  Decisions taken on an application for asylum should be subject to an appeal consisting of an examination of both facts and points of law by a court of law. The applicant should be entitled not to be expelled until a court has ruled on the right to remain pending the outcome of that appeal.

| (28) | In accordance with Article 64 of the Treaty establishing the European Community, this Directive does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. |
| --- | --- |

(28)

In accordance with Article 64 of the Treaty establishing the European Community, this Directive does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

deleted

| (29a) | Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data (5) and on the free movement of such data should apply to personal data treated in application of this Directive. Directive 95/46/EC should also apply to the transmission of data from Member States to the UNHCR in the exercise of its mandate under the Geneva Convention. This transmission is subject to an adequate level of personal data protection in the UNHCR. |
| --- | --- |

(29a)

Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data (5) and on the free movement of such data should apply to personal data treated in application of this Directive. Directive 95/46/EC should also apply to the transmission of data from Member States to the UNHCR in the exercise of its mandate under the Geneva Convention. This transmission is subject to an adequate level of personal data protection in the UNHCR.

| (29b) | Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive. |
| --- | --- |

(29b)

Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive.

The purpose of this Directive is to establish minimum standards on procedures in Member States for granting and withdrawing refugee status.

The purpose of this Directive is to establish minimum standards on procedures in Member States for granting and withdrawing refugee status
  which are in accordance with the Geneva Convention and Directive 2004/83/EC.

Article 1a

Observance of international obligations and fundamental rights

The Directive respects all the existing international obligations of Member States and the Charter of Fundamental Rights of the European Union, especially Article 18, as general principles of Community law.

| (e) | ‘Determining authority’ means any
  quasi-judicial
  or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I; |
| --- | --- |

(e)

‘Determining authority’ means any
  quasi-judicial
  or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I;

| (e) | ‘Determining authority’ means any
  judicial
  or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I; |
| --- | --- |

(e)

‘Determining authority’ means any
  judicial
  or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I;

| (g) | ‘Refugee Status’ means the recognition by a Member State
  of a third country national or stateless person
  as a refugee; |
| --- | --- |

(g)

‘Refugee Status’ means the recognition by a Member State
  of a third country national or stateless person
  as a refugee;

| (g) | ‘Refugee Status’ means the recognition by a Member State of
  such status granted to the applicant
  ; |
| --- | --- |

(g)

‘Refugee Status’ means the recognition by a Member State of
  such status granted to the applicant
  ;

| (h) | ‘Unaccompanied
  minor
  ’ means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States; |
| --- | --- |

(h)

‘Unaccompanied
  minor
  ’ means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States;

| (h) | ‘Unaccompanied
  child’ or ‘separated child’
  means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States;
  ‘unaccompanied child’ refers to a child who has been separated from both parents and other relatives or legal or customary guardians; ‘separated child’ refers to a child who is accompanied by an adult who is unwilling or unable to assume responsibility for long-term care of the child. |
| --- | --- |

(h)

‘Unaccompanied
  child’ or ‘separated child’
  means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States;
  ‘unaccompanied child’ refers to a child who has been separated from both parents and other relatives or legal or customary guardians; ‘separated child’ refers to a child who is accompanied by an adult who is unwilling or unable to assume responsibility for long-term care of the child.

1a.
     
  This Directive shall be implemented and transposed into national legislation with due respect for the fundamental human rights and principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law. International law and United Nations agreements shall be observed.

1b.
     
  This Directive shall be implemented and transposed into national legislation with due respect for all the existing international obligations of the EU and its Member States and, in particular, the Geneva Convention and partnership and cooperation agreements concluded with third countries.

1c.
     
  This Directive shall be applied without discrimination of any form in accordance with Article 13 of the Treaty and international conventions on human rights and refugee protection.

1.   Member States shall designate for all procedures a determining authority which will be responsible for an appropriate examination of the applications in accordance with the provisions of this Directive, in particular
  Articles 7(2) and 8
  .

1.   Member States shall designate for all procedures a determining authority which will be responsible for an appropriate examination of the applications in accordance with the provisions of this Directive, in particular
  Articles 7(2), 8 and 10(1)
  .

| (b) | taking a decision on the application in the light of national security provisions, provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC; |
| --- | --- |

(b)

taking a decision on the application in the light of national security provisions, provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC;

| (b) | taking a decision on the application in the light of national security provisions,
  whilst respecting international conventions, the Charter of Fundamental Rights and personal freedoms,
  provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC; |
| --- | --- |

(b)

taking a decision on the application in the light of national security provisions,
  whilst respecting international conventions, the Charter of Fundamental Rights and personal freedoms,
  provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC;

| (e) | refusing permission to enter in the framework of the procedure provided for in
  Article 35(2) to (5)
  , subject to the conditions and as set out in
  these paragraphs
  ; |
| --- | --- |

(e)

refusing permission to enter in the framework of the procedure provided for in
  Article 35(2) to (5)
  , subject to the conditions and as set out in
  these paragraphs
  ;

| (e) | refusing permission to enter in the framework of the procedure provided for in
  Article 35
  , subject to the conditions and as set out in
  that Article
  ; |
| --- | --- |

(e)

refusing permission to enter in the framework of the procedure provided for in
  Article 35
  , subject to the conditions and as set out in
  that Article
  ;

| (f) | establishing that an applicant is seeking to enter or has entered in the Member State from a safe third country pursuant to Article 35A, subject to the conditions and as set out in this Article. |
| --- | --- |

(f)

establishing that an applicant is seeking to enter or has entered in the Member State from a safe third country pursuant to Article 35A, subject to the conditions and as set out in this Article.

deleted

3.   Member States shall ensure that where authorities are designated in accordance with paragraph 2, the personnel of such authorities have the appropriate knowledge
  or receive the necessary
  training to fulfil their obligations when implementing this Directive.

3.   Member States shall ensure that where authorities are designated in accordance with paragraph 2, the personnel of such authorities have the appropriate knowledge
  and
  training to fulfil their obligations when implementing this Directive.

Article 4a

Protection from expulsion or return

No Member State shall expel or return an applicant for asylum to a territory where his or her life or freedom would be threatened on account of his or her race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority, or political opinion, or where he or she faces a real risk of torture or inhuman or degrading treatment.

1.   Member States may require that applications for asylum be made in person and/or at a designated place.

1.   Member States may require that applications for asylum be made in person and/or at a designated place.
  In specific circumstances, Member States shall allow an application to be submitted on behalf of an applicant by his legal representative
  .

3a.
     
  Applications from unaccompanied children and other persons in a particularly vulnerable situation shall be considered and decided on a priority basis and in compliance with the relevant formal and material requirements. Priority shall also be given to the consideration and deciding of manifestly well-founded claims.

3b.
     
  Where dependent adults consent to an application's being lodged on their behalf, consistent with Article 3 of the Convention on the Rights of the Child, the best interests of the child shall be taken into account throughout the whole asylum procedure.

4.   Member States may determine, in national legislation

4.   Member States may determine,
  provided they act in accordance with Article 3 of the Convention on the Rights of the Child,
  in national legislation

| (c) | the cases in which the lodging of an application for asylum is deemed to constitute also the lodging of an application for asylum for any unmarried minor. |
| --- | --- |

(c)

the cases in which the lodging of an application for asylum is deemed to constitute also the lodging of an application for asylum for any unmarried minor.

deleted

5a.
     
  Member States shall ensure that each person who wishes to make an asylum application promptly receives exhaustive information about the procedure and his/her rights and obligations, in his/her own language.

1.   Applicants shall be allowed to remain in the Member State,
  for the sole purpose of the procedure, until such time as the determining authority has made a decision in accordance with the procedures at first instance set out in Chapter III.
  This right to remain shall not constitute an entitlement to a residence permit.

1.   Applicants shall be allowed to remain in the Member State
  in which the application for asylum has been made or is being examined until a final decision has been reached and the appeals procedure exhausted.
  This right to remain shall not constitute an entitlement to a residence permit.

1a.
     
  Member States may derogate from paragraph 1 only when it has been established that the request is manifestly unfounded or clearly abusive. In such cases, a court of law or other independent authority shall review and confirm the denial of suspensive effect, based on a review of the facts and the likelihood of success on appeal.

1.   Without prejudice to Article 23(4)(i), Member States shall ensure that applications for asylum are neither rejected nor excluded from examination on the
  sole ground
  that they have not been made as soon as possible.

1.   Without prejudice to Article 23(4)(i), Member States shall ensure that applications for asylum are neither rejected nor excluded from examination on the
  grounds
  that they have not been made as soon as possible.

| (a) | applications are examined and decisions are taken individually, objectively and impartially; |
| --- | --- |

(a)

applications are examined and decisions are taken individually, objectively and impartially;

| (a) | applications are examined and decisions are taken individually, objectively and impartially
  in accordance with this Directive and international human rights and refugee law
  ; |
| --- | --- |

(a)

applications are examined and decisions are taken individually, objectively and impartially
  in accordance with this Directive and international human rights and refugee law
  ;

| (b) | precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR), as to the general situation prevailing in the countries of origin of applicants for asylum
  and, where necessary, in countries through which they have transited
  , and that such information is made available to the personnel responsible for examining applications and taking decisions; |
| --- | --- |

(b)

precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR), as to the general situation prevailing in the countries of origin of applicants for asylum
  and, where necessary, in countries through which they have transited
  , and that such information is made available to the personnel responsible for examining applications and taking decisions;

| (b) | precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR)
  and other civil society organisations working in the applicants' countries of origin
  , as to the general
  civil, legal and political
  situation
  , particularly with regard to respect for human rights and fundamental freedoms,
  prevailing in the countries of origin of applicants for asylum, and that such information is made available to the personnel responsible for examining applications and taking decisions; |
| --- | --- |

(b)

precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR)
  and other civil society organisations working in the applicants' countries of origin
  , as to the general
  civil, legal and political
  situation
  , particularly with regard to respect for human rights and fundamental freedoms,
  prevailing in the countries of origin of applicants for asylum, and that such information is made available to the personnel responsible for examining applications and taking decisions;

| (c) | the personnel examining applications and taking the decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law. |
| --- | --- |

(c)

the personnel examining applications and taking the decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law.

| (c) | the personnel examining applications and taking the decisions have the knowledge,
  training and instructions
  with respect to relevant standards applicable in the field of asylum and refugee law. |
| --- | --- |

(c)

the personnel examining applications and taking the decisions have the knowledge,
  training and instructions
  with respect to relevant standards applicable in the field of asylum and refugee law.

4.   Member States
  may
  provide for rules concerning the translation of documents relevant for the examination of applications.

4.   Member States
  shall
  provide for rules concerning the translation of documents relevant for the examination of applications.

1.   Member States shall ensure that decisions on applications for asylum are given in writing.

1.   Member States shall ensure that
  all
  decisions on applications for asylum are given in writing,
  in a language which the applicant understands.

Member States need not state the reasons for not granting the refugee status in the decision where the applicant is granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC. In these cases, Member States shall ensure that the reasons for not granting the refugee status are stated in the applicant's file, and that the applicant has, upon request, access to his/her file.

Member States need not state the reasons for not granting the refugee status in the decision where the applicant is granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC. In these cases, Member States shall ensure that the reasons for not granting the refugee status are stated in the applicant's file, and that the applicant
  or his/her lawyer or legal representative
  has, upon request, access to his/her file.

Moreover, Member States
  need not
  provide information on how to challenge a negative decision in writing in conjunction with that decision
  where the applicant has been informed at an earlier stage either in writing or by electronic means accessible to the applicant of how to challenge such a decision
  .

Moreover, Member States
  shall
  provide information on how to challenge a negative decision in writing in conjunction with that decision.

| (b) | they must receive the services of
  an
  interpreter for submitting their case to the competent authorities whenever necessary. Member States shall
  consider it necessary to give these services at least when the determining authority calls upon the applicant to be interviewed
  as referred to in Articles 10 and 11 and appropriate communication cannot be ensured without such services. In
  this case
  and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds; |
| --- | --- |

(b)

they must receive the services of
  an
  interpreter for submitting their case to the competent authorities whenever necessary. Member States shall
  consider it necessary to give these services at least when the determining authority calls upon the applicant to be interviewed
  as referred to in Articles 10 and 11 and appropriate communication cannot be ensured without such services. In
  this case
  and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds;

| (b) | they must receive the services of
  a qualified and impartial
  interpreter for submitting their case to the competent authorities whenever necessary. Member States shall
  guarantee this service during all personal interviews, appeal hearings and other verbal communications with the competent authorities, in particular
  as referred to in Articles 10 and 11 and
  when
  appropriate communication cannot be ensured without such services. In
  these
  and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds; |
| --- | --- |

(b)

they must receive the services of
  a qualified and impartial
  interpreter for submitting their case to the competent authorities whenever necessary. Member States shall
  guarantee this service during all personal interviews, appeal hearings and other verbal communications with the competent authorities, in particular
  as referred to in Articles 10 and 11 and
  when
  appropriate communication cannot be ensured without such services. In
  these
  and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds;

| (c) | they must
  not be denied the
  opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR in the territory of the Member State
  pursuant to an agreement with
  that Member State; |
| --- | --- |

(c)

they must
  not be denied the
  opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR in the territory of the Member State
  pursuant to an agreement with
  that Member State;

| (c) | they must
  be given an effective
  opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR
  or independently with asylum seekers
  in the territory of the Member State; |
| --- | --- |

(c)

they must
  be given an effective
  opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR
  or independently with asylum seekers
  in the territory of the Member State;

| (d) | they must be given notice
  in reasonable time
  of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum; |
| --- | --- |

(d)

they must be given notice
  in reasonable time
  of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum;

| (d) | they must be given notice
  , within a time-limit which shall not exceed six months,
  of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum; |
| --- | --- |

(d)

they must be given notice
  , within a time-limit which shall not exceed six months,
  of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum;

1.   Member States may impose upon applicants for asylum obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.

1.   Member States may impose upon applicants for asylum obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.
  However, under no circumstances shall it be permitted to make use of consulates or diplomatic missions representing the authorities of third countries of which applicants for asylum say they are or are established to be nationals for purposes of verifying the applicants' nationality.

| (d) | the competent authorities may
  search
  the applicant and the items he/she carries with him/her; |
| --- | --- |

(d)

the competent authorities may
  search
  the applicant and the items he/she carries with him/her;

| (d) | the competent authorities may
  ascertain that
  the applicant
  does not constitute a danger
  and
  check
  the items he/she carries with him/her; |
| --- | --- |

(d)

the competent authorities may
  ascertain that
  the applicant
  does not constitute a danger
  and
  check
  the items he/she carries with him/her;

1.   Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity of a personal interview on his/her application for asylum with a person
  competent
  under national law to conduct such an interview.

1.   Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity of a personal interview
  , if necessary in the presence of an interpreter and the applicant's lawyer or legal representative,
  on his/her application for asylum with a person
  professionally appropriate and qualified
  under national law
  governing the procedures concerning right of asylum and refugees
  to conduct such an interview.
  In the case of children or persons with physical or mental limitations and pregnant women or victims of sexual violence, specific procedural guarantees shall be provided and, if necessary, use shall be made of specifically qualified professionals.

Member States may also give the opportunity of a personal interview to each adult among
  the dependants referred to in Article 5(3).

The dependants referred to in Article 5(3)
  shall also have the right to a personal interview.

Member States may determine in national legislation the cases in which a
  minor
  shall be given the opportunity of a personal interview.

Member States may determine in national legislation the cases in which a
  child
  shall be given the opportunity of a personal interview
  , taking into account the individual's level of maturity and any psychological trauma he/she has endured. The interviewer shall bear in mind that the child's knowledge of conditions in the country of origin may, owing to his/her age, be limited.

| (aa) | the competent authority is not able to conduct the interview, because the applicant has, without good reasons, not complied with invitations to appear; |
| --- | --- |

(aa)

the competent authority is not able to conduct the interview, because the applicant has, without good reasons, not complied with invitations to appear;

| (ab) | the person has a mental or emotional disturbance which impedes a normal examination of his/her case; |
| --- | --- |

(ab)

the person has a mental or emotional disturbance which impedes a normal examination of his/her case;

| (b) | the competent authority has already had a meeting with the applicant for the purpose of assisting him/her with filling his/her application and submitting the essential information regarding the application, in terms of Article 4(2) of Council Directive 2004/83/EC; or |
| --- | --- |

(b)

the competent authority has already had a meeting with the applicant for the purpose of assisting him/her with filling his/her application and submitting the essential information regarding the application, in terms of Article 4(2) of Council Directive 2004/83/EC; or

deleted

| (c) | the determining authority, on the basis of a complete examination of information provided by the applicant, considers the application as unfounded in the cases where the circumstances mentioned in Article 23(4)(a), (c), (g), (h) and (j) apply. |
| --- | --- |

(c)

the determining authority, on the basis of a complete examination of information provided by the applicant, considers the application as unfounded in the cases where the circumstances mentioned in Article 23(4)(a), (c), (g), (h) and (j) apply.

deleted

3.
     
  The personal interview may also be omitted, where it is not reasonably practicable, in particular where the competent authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his/her control. When in doubt, Member States may require a medical or psychological certificate.

deleted

Where the Member State does not provide the opportunity for a personal interview pursuant to this paragraph, or where applicable, to the dependant, reasonable efforts must be made to allow the applicant or the dependant to submit further information.

3a.
     
  Member States shall ensure that an applicant who cannot attend or complete a personal interview owing to the state of his/her physical and/or psychological health, physical or mental disability, or particular emotional disturbance, is given specific attention in order to safeguard the fairness of the proceedings.

4.   The absence of a personal interview in accordance with this Article shall not prevent the determining authority from taking a decision on an application for asylum.

4.   The absence of a personal interview in accordance with this Article shall not prevent the determining authority from taking a decision on an application for asylum
  if the absence is for reasons connected with paragraphs 2(aa) and (ab) and 3a of this Article and Articles 20(1) and 23(4)(a), (c), (h), and (j)
  .

5.   The absence of a personal interview
  pursuant to paragraph 2(b) and (c) and paragraph 3
  shall not adversely affect the decision of the determining authority.

5.   The absence of a personal interview shall not adversely affect the decision of the determining authority.
  In such cases, each person must be given the opportunity to be represented, by a guardian or a legal representative in the case of children, or a counsellor or legal adviser as appropriate.

6.   Irrespective of Article 20(1), Member States, when deciding on the application for asylum, may take into account the fact that the applicant failed to appear for the personal interview, unless he or she had good reasons for the failure to appear.

6.   Irrespective of Article 20(1), Member States, when deciding on the application for asylum, may take into account the fact that the applicant failed to appear for the personal interview, unless he or she had good reasons for the failure to appear,
  or that the interview did not take place or was terminated on account of the state of the applicant's psychological and/or physical health
  .

| (a) | ensure that the person who conducts the interview
  is sufficiently competent to take account
  of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability,
  insofar as it is possible to do so,
  and |
| --- | --- |

(a)

ensure that the person who conducts the interview
  is sufficiently competent to take account
  of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability,
  insofar as it is possible to do so,
  and

| (a) | ensure that the person who conducts the interview
  and the interpreter have received the appropriate training and have appropriate professional competence and the ability to make a fair and accurate assessment
  of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability, and |
| --- | --- |

(a)

ensure that the person who conducts the interview
  and the interpreter have received the appropriate training and have appropriate professional competence and the ability to make a fair and accurate assessment
  of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability, and

| (b) | select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she
  may reasonably be supposed to understand
  and
  in which he/she
  is able to communicate in. |
| --- | --- |

(b)

select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she
  may reasonably be supposed to understand
  and
  in which he/she
  is able to communicate in.

| (b) | select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she
  understands
  and is able to communicate in. |
| --- | --- |

(b)

select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she
  understands
  and is able to communicate in.

4.   Member States
  may
  provide for rules concerning the presence of third parties at the personal interview.

4.   Member States
  shall
  provide for rules concerning the presence of third parties at the personal interview
  , provided such rules are in accordance with international standards
  .

1.   Member States shall ensure that a written report is made of every personal interview, containing
  at least
  the
  essential
  information regarding the application, as presented by the applicant, in terms of Article 4(2) of Council Directive 2004/83/EC.

1.   Member States shall ensure that a written report is made of every personal interview, containing the information regarding the application as presented by the applicant, in terms of Article 4(2) of Council Directive 2004/83/EC.

2.   Member States shall ensure that applicants have timely access to the report of the personal interview. Where access is only granted after the decision of the determining authority, Member States shall ensure that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.

2.   Member States shall ensure that applicants have timely access to the report of the personal interview
  in a language they understand or in another form considered appropriate
  . Where access is only granted after the decision of the determining authority, Member States shall ensure that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.

3.   Member states
  may
  request
  the applicant's approval on
  the contents of the report of the personal interview.

3.   Member States
  shall
  request
  that the applicant verify
  the contents of the report of the personal interview,
  in order to avoid misunderstandings or contradictions or invalidation of the application at a later date.

Where an applicant refuses to
  approve
  the contents of the report, the reasons for this refusal shall be entered into the applicant's file.

Where an applicant refuses to
  verify
  the contents of the report, the reasons for this refusal shall be entered into the applicant's file.

The refusal of an applicant to
  approve
  the contents of the report of the personal interview
  shall
  not prevent the determining authority from taking a decision on his/her application.

Approval of the asylum applicant shall be requested.
  The refusal of an applicant to
  verify
  the contents of the report of the personal interview
  may
  not prevent the determining authority from taking a decision on his/her application.
  However, the applicant's refusal to verify the contents of the report shall be taken into account when those contents are considered.

1.   
  Member States shall allow
  applicants for asylum
  at their own cost
  the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their asylum applications.

1.   Applicants for asylum
  shall be given
  the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their asylum applications
  at all stages of the procedure, including following a negative decision
  .

3.   
  Member States may provide in their national legislation that free legal assistance and/or representation be granted:

3.   
  Where the applicant has insufficient resources to pay for assistance provided by a legal advisor or other counsellor, as referred to in paragraph 1, Member States shall ensure that such assistance is provided free of charge or at least in accordance with national rules on legal aid or financial assistance. Member States shall also ensure that any such assistance is equivalent to that which is available to their own nationals in legal or administrative procedures.

| (a) | only for the procedures before a court or tribunal in accordance with Chapter V and not to any onward appeals or reviews provided for under national law, including a rehearing of an appeal following an onward appeal or review; and/or |
| --- | --- |

(a)

only for the procedures before a court or tribunal in accordance with Chapter V and not to any onward appeals or reviews provided for under national law, including a rehearing of an appeal following an onward appeal or review; and/or

deleted

| (b) | only to those who lack sufficient resources; and/or |
| --- | --- |

(b)

only to those who lack sufficient resources; and/or

deleted

| (c) | only to legal advisers or other counsellors specifically designated by national law to assist and/or represent applicants for asylum; and/or |
| --- | --- |

(c)

only to legal advisers or other counsellors specifically designated by national law to assist and/or represent applicants for asylum; and/or

deleted

| (d) | only if the appeal or review is likely to succeed. |
| --- | --- |

(d)

only if the appeal or review is likely to succeed.

deleted

Member States shall ensure that legal assistance and/or representation granted under subparagraph (d) is not arbitrarily restricted

4.
     
  Rules concerning the modalities for filing and processing such requests may be provided by Member States.

deleted

| (a) | impose monetary and/or time limits on the provision
  of
  free
  legal assistance
  and /or representation
  provided that such limits do not arbitrarily restrict access to legal assistance and/or representation. |
| --- | --- |

(a)

impose monetary and/or time limits on the provision
  of
  free
  legal assistance
  and /or representation
  provided that such limits do not arbitrarily restrict access to legal assistance and/or representation.

| (a) | limit the amount
  of legal assistance
  to the average costs of legal assistance for each relevant step in the asylum procedure
  provided that such limits do not arbitrarily restrict access to legal assistance and/or representation. |
| --- | --- |

(a)

limit the amount
  of legal assistance
  to the average costs of legal assistance for each relevant step in the asylum procedure
  provided that such limits do not arbitrarily restrict access to legal assistance and/or representation.

1.   Member States shall ensure that a legal adviser or other counsellor admitted or permitted as such under national law who assists or represents an applicant for asylum under the terms of national law shall enjoy access to such information in the applicant's file
  as is liable to be examined by the authorities referred to in Chapter V, insofar as the information is relevant to the examination of the application
  .

1.   Member States shall ensure that a legal adviser or other counsellor admitted or permitted as such under national law who assists or represents an applicant for asylum under the terms of national law shall enjoy access to information in the applicant's file.

Member States may make an exception where disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the person(s) to whom the information relates or where the investigative interests relating to the examination of applications of asylum by the competent authorities of the Member States or the international relations of the Member States would be compromised. In these cases, access to the information or sources in question must be available to the authorities referred to in Chapter V, except where such access is precluded in national security cases.

Member States may make an exception where disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the person(s) to whom the information relates or where the investigative interests relating to the examination of applications of asylum by the competent authorities of the Member States or the international relations of the Member States would be compromised. In these cases, access to the information or sources in question must be available to the authorities referred to in Chapter V, except where such access is precluded in
  clearly defined
  national security cases.

2.   Member States shall ensure that the legal adviser or other counsellor who assists or represents an applicant for asylum has access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant. Member States may only limit the possibility to visit applicants in closed areas where such limitation is, by virtue of national legislation, objectively necessary for
  the
  security, public order
  or administrative management of the area or to ensure an efficient examination of the application
  , provided that access by the legal adviser or other counsellor is not thereby severely limited or rendered impossible.

2.   Member States shall ensure that the legal adviser or other counsellor who assists or represents an applicant for asylum has
  full
  access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant. Member States may only limit the possibility to visit applicants in closed areas where such limitation is, by virtue of national legislation, objectively necessary for security
  and
  public order, provided that access by the legal adviser or other counsellor is not thereby severely limited or rendered impossible
  and that, in any event, the letter and case-law of the European Convention on Human Rights and Fundamental Freedoms are fully respected
  .

| (b) | ensure that the representative is given the opportunity to inform the unaccompanied
  minor
  about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments,
  within the framework set by the person who conducts the interview
  . |
| --- | --- |

(b)

ensure that the representative is given the opportunity to inform the unaccompanied
  minor
  about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments,
  within the framework set by the person who conducts the interview
  .

| (b) | ensure that the representative is given the opportunity to inform the unaccompanied
  child
  about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments. |
| --- | --- |

(b)

ensure that the representative is given the opportunity to inform the unaccompanied
  child
  about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments.

| (a) | will in all likelihood reach the age of maturity before a decision at first instance is taken; or |
| --- | --- |

(a)

will in all likelihood reach the age of maturity before a decision at first instance is taken; or

deleted

| (c) | is married or has been married. |
| --- | --- |

(c)

is married or has been married.

deleted

3.
     
  Member States may, in accordance with laws and regulations in force at the time of the adoption of this Directive, also refrain from appointing a representative where the unaccompanied minor is 16 years old or older, unless he/she is unable to pursue his/her application without a representative.

deleted

5a.
     
  Persons claiming to be children shall be provisionally treated as such, until their age has been determined.

6.   The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this
  Article
  .

6.   The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this
  Directive
  .

1.   Member States shall not hold
  a person
  in detention
  for the sole reason that he/she is an applicant for asylum.

1.   
  In principle,
  Member States shall not hold
  applicants for asylum
  in detention
  or in a closed reception centre. Alternatives to detention and non-custodial measures must always be considered before resorting to detention.

2.   
  Where an applicant for asylum is held in detention, Member States shall ensure that there is the possibility of speedy judicial review.

2.   
  No applicant for asylum may be detained unless it has been established that the detention is necessary, lawful and justified on one of the grounds recognised as legitimate by international standards. Applicants for asylum may only be detained in facilities clearly distinct from prisons.

2a.
     
  Access to effective legal assistance, the services of competent, qualified and impartial interpreters and to qualified medical personnel shall be granted to applicants for asylum on a systematic basis.

2b.
     
  Persons deprived of their liberty shall be given an adequate opportunity to have their detention reviewed as regards both its legality and its necessity, by means of a prompt, fair, individual hearing before a judicial or other similar authority the status and tenure of which afford the strongest possible guarantees of competence, impartiality and independence.

2c.
     
  Unaccompanied children may not be detained on the ground of their immigration status. Alternative measures to detention must be considered in the case of persons belonging to vulnerable categories, such as unaccompanied elderly persons, victims of torture or trauma, and persons with a mental or physical disability. As a general rule, Member States shall ensure that pregnant women in the final months of pregnancy and women who are breastfeeding are not detained.

1.   When there is reasonable cause to consider that an applicant for asylum has implicitly withdrawn or abandoned his/her application for asylum, Member States shall ensure that the determining authority takes a decision
  either
  to discontinue the examination
  or to reject the application on the basis that the applicant has not established an entitlement to refugee status in accordance with Council Directive 2004/83/EC
  .

1.   When there is reasonable cause to consider that an applicant for asylum has implicitly withdrawn or abandoned his/her application for asylum, Member States shall ensure that the determining authority takes a decision to discontinue the examination
  and, as a result, to close the file on the applicant.

Member States may provide for a time limit after which the applicant's case can no longer be reopened.

deleted

1.   Member States
  shall
  allow the UNHCR:

1.   Member States
  are obliged to
  allow the UNHCR:

| (a) | to have access to applicants for asylum, including those in detention and in airport or port transit zones; |
| --- | --- |

(a)

to have access to applicants for asylum, including those in detention and in airport or port transit zones;

| (a) | to have access to applicants for asylum, including those in detention and in airport or port transit zones; |
| --- | --- |

(a)

to have access to applicants for asylum, including those in detention and in airport or port transit zones;

| (b) | to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto; |
| --- | --- |

(b)

to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto;

| (b) | to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto; |
| --- | --- |

(b)

to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto;

| (c) | to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure. |
| --- | --- |

(c)

to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure.

| (c) | to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure. |
| --- | --- |

(c)

to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure.

2.   Paragraph 1 shall also apply to an organisation which is working
  in the territory of the Member State
  on behalf of the UNHCR
  pursuant to an agreement with that Member State.

2.   Paragraph 1 shall also apply to an organisation which is working on behalf of the UNHCR,
  subject to the agreement of the Member State.

| (a) | directly
  disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum. |
| --- | --- |

(a)

directly
  disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum.

| (a) | disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum. |
| --- | --- |

(a)

disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum.

| (b) | obtain any information from the alleged actor(s) of persecution
  in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant and his/her dependants, or the liberty and security of his/her family members still living in the country of origin
  . |
| --- | --- |

(b)

obtain any information from the alleged actor(s) of persecution
  in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant and his/her dependants, or the liberty and security of his/her family members still living in the country of origin
  .

| (b) | obtain any information from the alleged actor(s) of persecution. |
| --- | --- |

(b)

obtain any information from the alleged actor(s) of persecution.

2.   Member States shall ensure that such a procedure is concluded as soon as possible, without prejudice to an adequate and complete examination.

2.   Member States shall ensure that such a procedure is concluded as soon as possible
  and within no later than six months
  , without prejudice to an adequate and complete examination.

| (b) | receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected.
  Such information shall not constitute an obligation for the Member State towards the applicant concerned to take a decision within that time frame
  . |
| --- | --- |

(b)

receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected.
  Such information shall not constitute an obligation for the Member State towards the applicant concerned to take a decision within that time frame
  .

| (b) | receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected
  , which shall not exceed three months
  . |
| --- | --- |

(b)

receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected
  , which shall not exceed three months
  .

3a.
     
  Member States shall apply the regular procedure to particularly vulnerable persons, including separated children and persons who may have experienced trauma or sexual violence.

| (a) | the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant
  or of minimal relevance
  to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or |
| --- | --- |

(a)

the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant
  or of minimal relevance
  to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or

| (a) | the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or |
| --- | --- |

(a)

the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or

| (d) | the applicant has misled the authorities by presenting false
  information or
  documents
  or by withholding relevant information or documents
  with respect to his/her identity and/or nationality
  that could have had a negative impact on the decision
  ; or |
| --- | --- |

(d)

the applicant has misled the authorities by presenting false
  information or
  documents
  or by withholding relevant information or documents
  with respect to his/her identity and/or nationality
  that could have had a negative impact on the decision
  ; or

| (d) | the applicant
  , with fraudulent intent,
  has misled the authorities by presenting false documents with respect to his/her identity and/or nationality; or |
| --- | --- |

(d)

the applicant
  , with fraudulent intent,
  has misled the authorities by presenting false documents with respect to his/her identity and/or nationality; or

| (e) | the applicant has filed another application for asylum stating other personal data; or |
| --- | --- |

(e)

the applicant has filed another application for asylum stating other personal data; or

| (e) | the applicant
  , with fraudulent intent,
  has filed another application for asylum stating other personal data; or |
| --- | --- |

(e)

the applicant
  , with fraudulent intent,
  has filed another application for asylum stating other personal data; or

| (f) | the applicant has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or |
| --- | --- |

(f)

the applicant has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or

| (f) | the applicant
  , with fraudulent intent,
  has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or |
| --- | --- |

(f)

the applicant
  , with fraudulent intent,
  has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or

| (g) | the applicant has made inconsistent, contradictory, unlikely or insufficient representations which make his/her claim clearly unconvincing in relation to his/her having being the object of persecution under Council Directive 2004/83/EC; or |
| --- | --- |

(g)

the applicant has made inconsistent, contradictory, unlikely or insufficient representations which make his/her claim clearly unconvincing in relation to his/her having being the object of persecution under Council Directive 2004/83/EC; or

deleted

| (o) | the application was made by
  an unmarried minor
  to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the
  minor
  has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin. |
| --- | --- |

(o)

the application was made by
  an unmarried minor
  to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the
  minor
  has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin.

| (o) | the application was made by
  a child
  to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the
  child
  has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin. |
| --- | --- |

(o)

the application was made by
  a child
  to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the
  child
  has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin.

4a.
     
  Member States shall take into consideration complementary/subsidiary protection needs when the procedure has been prioritised or accelerated in accordance with paragraph 4(a) to (o).

Specific procedures

deleted

1.
     
  Member States may moreover provide for the following specific procedures derogating from the basic principles and guarantees of Chapter II:

| (a) | a preliminary examination for the purpose of processing cases considered within the framework of the provisions set out in Section IV; |
| --- | --- |

(a)

a preliminary examination for the purpose of processing cases considered within the framework of the provisions set out in Section IV;

| (b) | procedures for the purpose of processing cases considered within the framework set out in Section V. |
| --- | --- |

(b)

procedures for the purpose of processing cases considered within the framework set out in Section V.

2.
     
  Member States may also provide a derogation in respect of Section VI.

1a.
     
  All applications for international protection shall first be assessed on the basis of the definition of refugee contained in the Geneva Convention and, only if those criteria are not fulfilled, on the basis of the requirements for subsidiary protection.

2.   Member States may consider an application for asylum as inadmissible pursuant to this Article if:

2.   
  Without prejudice to paragraph 1a,
  Member States may consider an application for asylum as inadmissible pursuant to this Article if:

| (c) | a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 27; |
| --- | --- |

(c)

a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 27;

deleted

| (f) | the applicant has lodged an identical application after a final decision; |
| --- | --- |

(f)

the applicant has lodged an identical application after a final decision;

deleted

| (fa) | the applicant, when about to be expelled from the territory in which he or she is residing illegally, appeals to be granted asylum. |
| --- | --- |

(fa)

the applicant, when about to be expelled from the territory in which he or she is residing illegally, appeals to be granted asylum.

1.   Member States may apply the safe third country concept only where
  the competent authorities are satisfied that a person seeking asylum will be treated in accordance with the following principles in the third country concerned:

1.   Member States may apply the safe third country concept only where
  the third country fulfils the following criteria
  :

| (a) | life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion
  ; and |
| --- | --- |

(a)

life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion
  ; and

| (a) | ratification and implementation in practice of the Geneva Convention and other international human rights treaties, in particular with reference to the principle of non-refoulement
  ; and |
| --- | --- |

(a)

ratification and implementation in practice of the Geneva Convention and other international human rights treaties, in particular with reference to the principle of non-refoulement
  ; and

| (b) | the principle of non-refoulement in accordance with the Geneva Convention is respected; and |
| --- | --- |

(b)

the principle of non-refoulement in accordance with the Geneva Convention is respected; and

| (b) | the principle of non-refoulement in accordance with the Geneva Convention is
  in particular
  respected; and |
| --- | --- |

(b)

the principle of non-refoulement in accordance with the Geneva Convention is
  in particular
  respected; and

| (a) | rules requiring a
  connection
  between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country; |
| --- | --- |

(a)

rules requiring a
  connection
  between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country;

| (a) | rules requiring a
  meaningful link
  between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country; |
| --- | --- |

(a)

rules requiring a
  meaningful link
  between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country;

| (c) | rules, in accordance with international law, allowing an individual examination of whether the third country concerned is safe for a particular applicant
  which, as a minimum, shall permit the applicant to challenge the application of the safe third country concept on the grounds that he/she would be subjected to torture, cruel, inhuman or degrading treatment or punishment. |
| --- | --- |

(c)

rules, in accordance with international law, allowing an individual examination of whether the third country concerned is safe for a particular applicant
  which, as a minimum, shall permit the applicant to challenge the application of the safe third country concept on the grounds that he/she would be subjected to torture, cruel, inhuman or degrading treatment or punishment.

| (c) | rules, in accordance with international law
  and, specifically, the Geneva Convention
  , allowing an individual examination of whether the third country concerned is safe for a particular applicant. |
| --- | --- |

(c)

rules, in accordance with international law
  and, specifically, the Geneva Convention
  , allowing an individual examination of whether the third country concerned is safe for a particular applicant.

| (ca) | rules allowing applicants for asylum to rebut the presumption of safety, including in the first instance, even if the asylum application is subject to a prioritised or accelerated procedure. |
| --- | --- |

(ca)

rules allowing applicants for asylum to rebut the presumption of safety, including in the first instance, even if the asylum application is subject to a prioritised or accelerated procedure.

4.   Where the third country does not permit the applicant for asylum in question to enter its territory, Member States shall ensure that access to
  a
  procedure is given in accordance with the basic principles and guarantees described in Chapter II.

4.   Where the third country does not permit the applicant for asylum in question to enter its territory, Member States shall ensure that access to
  an asylum
  procedure is given in accordance with the basic principles and guarantees described in Chapter II.

| –1. | Member States may reject an application for asylum as manifestly unfounded if the competent authority has established that the applicant, in submitting his application and presenting the facts, has only raised issues that are obviously not relevant to the Geneva Convention. |
| --- | --- |

–1.

2.
     
  In the cases mentioned in Article 23(4)(b) and in cases of unfounded applications for asylum in which any of the circumstances listed in Article 23(4)(a) and (c) to (o) apply, Member States may also consider an application, if it is so defined in the national legislation, as manifestly unfounded.

deleted

Minimum
  common list of third countries as safe countries of origin

Common list of third countries as safe countries of origin

1.   The Council shall, acting
  by a qualified majority on a proposal from the Commission and after consultation of the European Parliament,
  adopt a
  minimum
  common list of third countries that
  shall
  be regarded by Member States as safe countries of origin in accordance with
  Annex II.

1.   The Council shall, acting
  in accordance with the procedure referred to in Article 251 of the Treaty,
  adopt a common list of third countries that
  may
  be regarded by Member States as safe countries of origin in accordance with
  Annex B
  .

2.   The Council may, acting
  by a qualified majority on a proposal from the Commission and after consultation of the European Parliament,
  amend the
  minimum
  common list by adding or removing third countries, in accordance with
  Annex II.
  The Commission shall examine any request made by the Council or
  by
  a Member State that it submits a proposal to amend
  minimum
  common list.

2.   The Council may, acting
  in accordance with the procedure referred to in Article 251 of the Treaty
  , amend the common list by adding or removing third countries, in accordance with
  Annex B
  . The Commission shall examine any request made by the
  European Parliament, the
  Council or a Member State that it submit a proposal to amend the common list.

3.   When making its proposal under paragraphs 1 or 2, the Commission shall make use of information from the Member States, its own information and
  , where necessary,
  information from UNHCR, the Council of Europe and other relevant international organisations.

3.   When making its proposal under paragraphs 1 or 2, the Commission shall make use of information from the
  European Parliament and the
  Member States, its own information and information from UNHCR, the Council of Europe and other relevant international organisations.

4.   Where the Council requests the Commission to submit a proposal for removing a third country from the
  minimum
  common list, the
  obligation
  of Member States pursuant to Article 30B(2) shall be suspended with regard to this third country as of the day following the Council decision requesting such a submission.

4.   Where
  the European Parliament or the
  Council requests the Commission to submit a proposal for removing a third country from the common list, the
  right
  of Member States pursuant to Article 30B(2) shall be suspended with regard to this third country as of the day following the
  European Parliament or
  Council decision requesting such a submission.

5.   Where a Member State requests the Commission to submit a proposal to the Council for removing a third country from the
  minimum
  common list, that Member State shall notify the Council in writing of the request made to the Commission. The
  obligation
  of this Member State pursuant to Article 30B(2) shall be suspended with regard to the third country as of the day following the notification of the request to the Council.

5.   Where
  the European Parliament or
  a Member State requests the Commission to submit a proposal to the Council for removing a third country from the common list,
  the European Parliament or
  that Member State shall notify the Council in writing of the request made to the Commission. The
  right
  of this Member State pursuant to Article 30B(2) shall be suspended with regard to the third country as of the day following the notification of the request to the Council.

7.   The suspensions under paragraphs 4 and 5 shall end after three months, unless the Commission makes a proposal, before the end of this period, to withdraw the third country from the
  minimum
  common list. The suspensions shall end in any case where the Council rejects, a proposal by the Commission to withdraw the third country from the list.

7.   The suspensions under paragraphs 4 and 5 shall end after three months, unless the Commission makes a proposal, before the end of this period, to withdraw the third country from the common list. The suspensions shall end in any case where the
  European Parliament or the
  Council rejects a proposal by the Commission to withdraw the third country from the list.

8.   Upon request by the Council, the Commission shall report to the Council and the European Parliament on whether the situation of a country on the
  minimum
  common list is still in conformity with
  Annex II
  . When presenting its report to the Council and the European Parliament, the Commission may make such recommendations or proposals as it deems appropriate.

8.   Upon request by the
  European Parliament or the
  Council, the Commission shall report to the Council and the European Parliament on whether the situation of a country on the common list is still in conformity with
  Annex B
  . When presenting its report to the Council and the European Parliament, the Commission may make such recommendations or proposals as it deems appropriate.

Article 30a

National designation of third countries as safe countries of origin

deleted

1.
     
  Without prejudice to Article 30, Member States may retain or introduce legislation that allows, in accordance with Annex II, for the national designation of third countries other than those appearing on the minimum common list, as safe countries of origin for the purpose of examining applications for asylum. This may include designation of part of a country as safe where the conditions in Annex II are fulfilled in relation to that part.

2.
     
  By derogation to paragraph 1, Member States may retain legislation in force at the time of adoption of this Directive that allows for the national designation of third countries, other than those appearing on the minimum common list, as safe countries of origin for the purposes of examining applications for asylum where they are satisfied that persons in the third countries concerned are generally neither subject to:

| (a) | persecution as defined in Article 9 of Council Directive 2004/83/EC; nor |
| --- | --- |

(a)

persecution as defined in Article 9 of Council Directive 2004/83/EC; nor

| (b) | torture or inhuman or degrading treatment or punishment. |
| --- | --- |

(b)

torture or inhuman or degrading treatment or punishment.

3.
     
  Member States may also retain legislation in force at the time of the adoption of this Directive that allows for the national designation of part of a country as safe or a country or part of a country as safe for a specified group of persons in that country where the conditions in paragraph 2 are fulfilled in relation to that part or group.

4.
     
  In assessing whether a country is a safe country of origin in accordance with paragraphs 2 and 3, Member States shall have regard to the legal situation, the application of the law and the general political circumstances in the third country concerned.

5.
     
  The assessment of whether a country is a safe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, the UNHCR, the Council of Europe and other relevant international organisations.

6.
     
  Member States shall notify to the Commission the countries that are designated as safe countries of origin in accordance with the provisions of this Article.

1.   A third country designated as a safe country of origin
  either
  in accordance with the provisions of
  Article 30 or 30A
  can, after an individual examination of the application, be considered as a safe country of origin for a particular applicant for asylum only if:

1.   A third country designated as a safe country of origin in accordance with the provisions of
  Article 30
  can, after an individual examination of the application, be considered as a safe country of origin for a particular applicant for asylum only if:

2.   Member States
  shall,
  in accordance with paragraph 1, consider the application for asylum as unfounded where the third country is designated as safe
  pursuant to Article 30
  .

2.   Member States
  may
  , in accordance with paragraph 1, consider the application for asylum as unfounded where the third country is designated as safe
  for the particular applicant
  .

3.   Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept.

3.   Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept
  , in accordance with international law, and shall duly notify the Commission of any further rules and modalities
  .

1.   Where a person who has applied for asylum in a Member State makes further representations or a subsequent application in the same Member State, that Member State
  may
  examine these further representations or the elements of the subsequent application in the framework of the examination of the previous application or in the framework of the examination of the decision under review or appeal insofar as the competent authorities can take into account and consider all the elements underlying the further representations or subsequent application within this framework.

1.   Where a person who has applied for asylum in a Member State makes further representations or a subsequent application in the same Member State, that Member State
  shall
  examine these further representations or the elements of the subsequent application in the framework of the examination of the previous application or in the framework or the examination of the decision under review or appeal insofar as the competent authorities can take into account and consider all the elements underlying the further representations or subsequent application within this framework.

2.   Moreover, Member States may apply a specific procedure as referred to in paragraph 3, where a person makes a subsequent application for asylum:

2.   Moreover, Member States may apply a specific procedure as referred to in paragraph 3, where a person makes a subsequent application for asylum
  , provided that the initial application is not currently open to appeal
  :

1.   Member States shall ensure that applicants for asylum whose application is subject to a preliminary examination pursuant to Article 33 enjoy the guarantees listed in Article 9(1).

1.   Member States shall ensure that applicants for asylum whose application is subject to a preliminary examination pursuant to Article 33 enjoy the guarantees listed in Article 9(1)
  and that that examination is, in principle, subject to the minimum procedural standards laid down in this Directive
  .

1.   Member States may provide for procedures, in accordance with the basic principles and guarantees of Chapter II, in order to decide, at the border or transit zones of the Member State, on the applications made at such locations.

1.   Member States may provide for procedures,
  in compliance with international conventions and
  in accordance with the basic principles and guarantees of Chapter II, in order to decide, at the border or transit zones of the Member State, on the applications made at such locations.

1a.
     
  Member States shall ensure that a decision to refuse entry to the territory of a Member State for a reason arising from the application for asylum is taken within two weeks, subject to an extension of the time limit for no more than two weeks agreed upon by a competent judicial body in a procedure prescribed by law.

1b.
     
  Non-compliance with the time limits provided for in paragraph 1a shall result in the applicant for asylum being granted entry to the territory of the Member State in order for his application to be processed in accordance with the relevant provisions of this Directive. Member States shall ensure that applicants for asylum who are refused entry in accordance with this procedure enjoy the guarantees laid down in Chapter V.

1c.
     
  A refusal of entry into the territory may not override the decision on the application for asylum after an examination based on the facts of the case by authorities competent in the field of asylum and refugee law.

2.
     
  However, when procedures as set out in paragraph 1 do not exist, Member States may maintain, subject to the provisions of this Article and in accordance with the laws or regulations in force at the time of the adoption of this Directive, procedures derogating from the basic principles and guarantees described in Chapter II, in order to decide, at the border or in transit zones, on the permission to enter their territory of applicants for asylum who have arrived and made an application for asylum at such locations.

deleted

3.
     
  The procedures referred to in paragraph 2 shall ensure in particular that the persons concerned:

deleted

| - | shall be allowed to remain at the border or transit zones of the Member State, without prejudice to Article 6; and |
| --- | --- |

-

shall be allowed to remain at the border or transit zones of the Member State, without prejudice to Article 6; and

| - | must be immediately informed of their rights and obligations, as described in Article 9 (1) (a); and |
| --- | --- |

-

must be immediately informed of their rights and obligations, as described in Article 9 (1) (a); and

| - | have access, if necessary, to the services of an interpreter, as described in Article 9 (1) (b); and |
| --- | --- |

-

have access, if necessary, to the services of an interpreter, as described in Article 9 (1) (b); and

| - | are interviewed, before the competent authority takes a decision in such procedures, in relation to their application for asylum by persons with appropriate knowledge of the relevant standards applicable in the field of asylum and refugee law, as described in Articles 10 to 12; and |
| --- | --- |

-

are interviewed, before the competent authority takes a decision in such procedures, in relation to their application for asylum by persons with appropriate knowledge of the relevant standards applicable in the field of asylum and refugee law, as described in Articles 10 to 12; and

| - | can consult a legal adviser or counsellor admitted or permitted as such under national law, as described in Article 13 (1); and |
| --- | --- |

-

can consult a legal adviser or counsellor admitted or permitted as such under national law, as described in Article 13 (1); and

| - | ave a representative appointed in the case of unaccompanied minors, as described in Article 15 (1), unless Article 15(2) or (3) applies. |
| --- | --- |

-

ave a representative appointed in the case of unaccompanied minors, as described in Article 15 (1), unless Article 15(2) or (3) applies.

Moreover, in case permission to enter is refused by a competent authority, this competent authority shall state the reasons in fact and in law why his/her application for asylum is considered as unfounded or as inadmissible.

4.
     
  Member States shall ensure that a decision in the framework of the procedures provided for in paragraph 2 is taken within a reasonable time. When a decision has not been taken within four weeks, the applicant for asylum shall be granted entry to the territory of the Member State in order for his/her application to be processed in accordance with the other provisions of this Directive.

deleted

5.
     
  In the event of particular types of arrivals or arrivals involving a large number of third country nationals or stateless persons lodging applications for asylum at the border or in a transit zone, which makes it practically impossible to apply there the provisions of paragraph 1 or the specific procedure set out in paragraphs 2 and 3, those procedures may also be applied where and for as long as these third country nationals or stateless persons are accommodated normally at locations in proximity to the border or transit zone.

deleted

Article 35 a

deleted

1.
     
  Member States may provide that no, or no full, examination of the asylum application and of the safety of the applicant in his/her particular circumstances as described in Chapter II takes place in cases where a competent authority has established, on the basis of the facts, that the applicant for asylum is seeking to enter or has entered illegally into its territory from a safe third country according to paragraph 2.

2.
     
  A third country can only be considered as a safe third country for the purpose of paragraph 1 where:

| (a) | it has ratified and observes the provisions of the Geneva Convention without any geographical limitations; and |
| --- | --- |

(a)

it has ratified and observes the provisions of the Geneva Convention without any geographical limitations; and

| (b) | it has in place an asylum procedure prescribed by law; and |
| --- | --- |

(b)

it has in place an asylum procedure prescribed by law; and

| (c) | it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and it observes its provisions, including the standards relating to effective remedies; and |
| --- | --- |

(c)

it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and it observes its provisions, including the standards relating to effective remedies; and

| (d) | it has been so designated by the Council in accordance with paragraph 3. |
| --- | --- |

(d)

it has been so designated by the Council in accordance with paragraph 3.

3.
     
  The Council shall, acting by qualified majority on the proposal of the Commission and after consultation of the European Parliament, adopt or amend a common list of third countries that shall be regarded as safe third countries for the purposes of paragraph 1.

4.
     
  Member States concerned shall lay down in national law the modalities for implementing the provisions of paragraph 1 and the consequences of decisions pursuant to those provisions in accordance with the principle of non-refoulement under the Geneva Convention including providing for exceptions from the application of this Article for humanitarian or political reasons or for reasons of public international law.

5.
     
  When implementing a decision solely based on this Article, Member States concerned shall:

| (a) | inform the applicant accordingly; and |
| --- | --- |

(a)

inform the applicant accordingly; and

| (b) | provide him/her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance. |
| --- | --- |

(b)

provide him/her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.

6.
     
  Where the safe third country does not readmit the applicant for asylum in question, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.

7.
     
  Member States which have designated third countries as safe countries in accordance with national legislation in force at the date of the adoption of this Directive and on the basis of the criteria in paragraph 2(a) to (c), may apply paragraph 1 to these third countries until such time as the Council has adopted the common list pursuant to paragraph 3.

Member States
  shall ensure that an examination may be started
  to withdraw the refugee status of a particular person
  when new elements or findings arise indicating that there are reasons to reconsider the validity of his/her refugee status.

Member States
  may begin
  to withdraw the refugee status of a particular person
  if:

| (a) | the applicant has voluntarily re-availed himself/herself of the protection of the country of his/her nationality; or |
| --- | --- |

(a)

the applicant has voluntarily re-availed himself/herself of the protection of the country of his/her nationality; or

| (b) | having lost his or her nationality, the applicant has voluntarily reacquired it; or |
| --- | --- |

(b)

having lost his or her nationality, the applicant has voluntarily reacquired it; or

| (c) | the applicant has acquired a new nationality, and enjoys the protection of the country of the new nationality; or |
| --- | --- |

(c)

the applicant has acquired a new nationality, and enjoys the protection of the country of the new nationality; or

| (d) | the applicant has voluntarily re-established residence in the country which he left or outside which he remained owing to fear of persecution. |
| --- | --- |

(d)

the applicant has voluntarily re-established residence in the country which he left or outside which he remained owing to fear of persecution.

4.
     
  By derogation to paragraphs 1, 2 and 3, Member States may decide that the refugee status lapses by law in case of cessation in accordance with Article 11(1), sub-paragraphs (a), (b), (c) and (d) of Council Directive 2004/83/EC or if the refugee has unequivocally renounced his/her recognition as a refugee.

deleted

| (iii) | not to conduct an examination pursuant to Article 35A; |
| --- | --- |

(iii)

not to conduct an examination pursuant to Article 35A;

deleted

| (d) | a decision refusing entry within the framework of the procedures provided for under
  Article 35(2); |
| --- | --- |

(d)

a decision refusing entry within the framework of the procedures provided for under
  Article 35(2);

| (d) | a decision refusing entry within the framework of the procedures provided for under
  Article 35
  ; |
| --- | --- |

(d)

a decision refusing entry within the framework of the procedures provided for under
  Article 35
  ;

3.   Member States shall,
  where appropriate, provide for rules in accordance with their international obligations dealing with:

3.   Member States shall
  ensure that the remedy pursuant to paragraph 1 shall have the effect of allowing applicants to remain in the Member State pending its outcome.

| (a) | the question of whether the remedy pursuant to paragraph 1 shall have the effect of allowing applicants to remain in the Member State concerned pending its outcome; and |
| --- | --- |

(a)

the question of whether the remedy pursuant to paragraph 1 shall have the effect of allowing applicants to remain in the Member State concerned pending its outcome; and

deleted

| (b) | the possibility of legal remedy or protective measures where the remedy pursuant to paragraph 1 does not have the effect of allowing applicants to remain in the Member State concerned pending its outcome. Member States may also provide for an ex officio remedy; and |
| --- | --- |

(b)

the possibility of legal remedy or protective measures where the remedy pursuant to paragraph 1 does not have the effect of allowing applicants to remain in the Member State concerned pending its outcome. Member States may also provide for an ex officio remedy; and

deleted

| (c) | the grounds of challenge to a decision under Article 25(2)(c) in accordance with the methodology applied under Article 27(2)(b) and (c). |
| --- | --- |

(c)

the grounds of challenge to a decision under Article 25(2)(c) in accordance with the methodology applied under Article 27(2)(b) and (c).

deleted

5.
     
  Where an applicant has been granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC, the applicant may be considered to have an effective remedy where a court or tribunal decides that the remedy pursuant to paragraph 1 is inadmissible or unlikely to succeed on the basis of insufficient interest on the part of the applicant in maintaining the proceedings.

deleted

6.
     
  Member States may also lay down in national legislation the conditions under which it can be assumed that an applicant has implicitly withdrawn or abandoned his/her remedy pursuant to paragraph 1, together with the rules on the procedure to be followed.

deleted

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of its adoption].
  Concerning Article 13, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [36 months after the date of its adoption].
  They shall forthwith inform the Commission thereof.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of its adoption]. They shall forthwith inform the Commission thereof.

A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution as defined in Article 9 of Council Directive 2004/83/EC; no torture or inhuman or degrading treatment or punishment;
  and
  no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution as defined in Article 9 of Council Directive 2004/83/EC; no torture or inhuman or degrading treatment or punishment; no threat by reason of indiscriminate violence in situations of international or internal armed conflict
  ; and no evidence of discrimination against individuals on account of race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority or political opinion
  .

| (da) | available and up-to-date reports by the UNHCR and other organisations working in the field of human rights and the protection of individual rights. |
| --- | --- |

(da)

available and up-to-date reports by the UNHCR and other organisations working in the field of human rights and the protection of individual rights.

---

(1)  Not yet published in OJ.

(2)  OJ C 291 E, 26.11.2002, p. 143.

(3)  OJ C 77 E, 28.3.2002, p. 115.

(4)  OJ L 50, 25.2.2003, p. 1.

(5)  OJ L 281, 23.11.1995, p. 31.

---