# CE2006286EN.01027401.xml

| 23.11.2006 | EN | Official Journal of the European Union | CE 286/274 |
| --- | --- | --- | --- |

23.11.2006

EN

Official Journal of the European Union

CE 286/274

---

MINUTES

(2006/C 286 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Opening of sitting

The sitting opened at 10.05.

2.   Membership of political groups

Sylwester Chruszcz, Maciej Marian Giertych and Bernard Piotr Wojciechowski had left the IND/DEM Group with effect from 15.12.2005.

They would henceforth sit as non-attached Members.

3.   Documents received

The following documents had been received from the Council and Commission:

| — | Council of the European Union: Amending letter No 1 to the draft general budget of the European Communities of the financial year 2006 (14862/2005 — C6-0413/2005 — 2005/2001(BUD))






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

—

Council of the European Union: Amending letter No 1 to the draft general budget of the European Communities of the financial year 2006 (14862/2005 — C6-0413/2005 — 2005/2001(BUD))

referred to

responsible: BUDG

| — | Council of the European Union: Amending Letter No 2 to the draft general budget of the European Communities for the financial year 2006 (14863/2005 — C6-0414/2005 — 2005/2001(BUD))






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

—

Council of the European Union: Amending Letter No 2 to the draft general budget of the European Communities for the financial year 2006 (14863/2005 — C6-0414/2005 — 2005/2001(BUD))

referred to

responsible: BUDG

| — | Draft general budget of the European Communities for the financial year 2006, as amended and accompanied by proposals for modifications (14864/2005 — C6-0415/2005 — 2005/2001(BUD))






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

—

Draft general budget of the European Communities for the financial year 2006, as amended and accompanied by proposals for modifications (14864/2005 — C6-0415/2005 — 2005/2001(BUD))

referred to

responsible: BUDG

| — | Council of the European Union: Amending letter No 3 to the draft general budget of the European Communities for the financial year 2006 (15379/2005 — C6-0427/2005 — 2005/2001(BUD))






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

—

Council of the European Union: Amending letter No 3 to the draft general budget of the European Communities for the financial year 2006 (15379/2005 — C6-0427/2005 — 2005/2001(BUD))

referred to

responsible: BUDG

| — | Communication from the Commission to the European Parliament, the Council and the Court of Auditors: annual accounts for the financial year 2004 of the 6th, 7th, 8th and 9th European Development Funds (COM(2005)0485 — C6-0430/2005 — 2005/2157(DEC))






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

—

Communication from the Commission to the European Parliament, the Council and the Court of Auditors: annual accounts for the financial year 2004 of the 6th, 7th, 8th and 9th European Development Funds (COM(2005)0485 — C6-0430/2005 — 2005/2157(DEC))

referred to

responsible: CONT

opinion: DEVE, BUDG

| — | Proposal for a Council decision on the conclusion of the Agreement between the European Community and Ukraine on certain aspects of air services (COM(2005)0368 — C6-0431/2005 — 2005/0155 (CNS))






  referred to | responsible: TRAN |
| --- | --- | --- |

—

Proposal for a Council decision on the conclusion of the Agreement between the European Community and Ukraine on certain aspects of air services (COM(2005)0368 — C6-0431/2005 — 2005/0155 (CNS))

referred to

responsible: TRAN

| — | Proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 (COM(2005)0591 — C6-0433/2005 — 2005/0229(CNS))






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

—

Proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 (COM(2005)0591 — C6-0433/2005 — 2005/0229(CNS))

referred to

responsible: PECH

opinion: DEVE, BUDG

| — | Draft Council regulation imposing certain specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (15098/2005 — C6-0434/2005 — 2005/0234(CNS))






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

—

Draft Council regulation imposing certain specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (15098/2005 — C6-0434/2005 — 2005/0234(CNS))

referred to

responsible: LIBE

opinion: AFET, ECON

| — | Proposal for a Council decision on the conclusion by the European Community of the Energy Community Treaty (13886/2005 — C6-0435/2005 — 2005/0178(AVC))






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

—

Proposal for a Council decision on the conclusion by the European Community of the Energy Community Treaty (13886/2005 — C6-0435/2005 — 2005/0178(AVC))

referred to

responsible: ITRE

opinion: AFET, ENVI

4.   Farming of bear bile in China (written declaration)

(written declaration)

Written declaration 52/2005, submitted by David Martin, Neil Parish, Peter Skinner, Terence Wynn and Robert Evans on rising international concern over the farming of bear bile in China, had, by 15.12.2005, been signed by the majority of Parliament's component Members. Consequently, pursuant to Rule 116(4), it would be sent to its addressees and published, together with the names of the signatories, in the Texts Adopted of the sitting of 17.01.2006(P6_TA(2006)0008).

(P6_TA(2006)0008)

Neil Parish spoke.

*

- *

Bruno Gollnisch made a personal statement in response to remarks made during the explanations of vote on Tuesday by Edward McMillan-Scott, when he was in the Chair. Edward McMillan-Scott spoke in reply.

5.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

5.1.   Mobilisation of the flexibility instrument (vote)

(vote)

Report on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the flexibility instrument in favour of the European Union's external actions according to point 24 of the Interinstitutional Agreement of 6 May 1999 [COM(2005)0278 — C6-0211/2005 — 2005/2137(ACI)] — Committee on Budgets.

Rapporteur: Reimer Böge (A6-0395/2005)

(Qualified majority + 3/5 of votes cast)

(Qualified majority + 3/5 of votes cast)

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0513)

(P6_TA(2005)0513)

5.2.   Rejection of the draft general budget (vote)

(vote)

Motion for a resolution tabled under Article 6 of Annex IV to the Rules of Procedure by Dariusz Maciej Grabowski, Gerard Batten, Godfrey Bloom, Jens-Peter Bonde, Graham Booth, Mario Borghezio, Martin Callanan, Sylwester Chruszcz, Derek Roland Clark, Paul Marie Coûteaux, Marek Aleksander Czarnecki, Ryszard Czarnecki, Nigel Farage, Maciej Marian Giertych, Daniel Hannan, Christopher Heaton-Harris, Roger Helmer, Georgios Karatzaferis, Roger Knapman, Urszula Krupa, Patrick Louis, Hans-Peter Martin, Jan Tadeusz Masiel, Michael Henry Nattrass, Bogdan Pęk, Mirosław Mariusz Piotrowski, Bogusław Rogalski, Leopold Józef Rutowicz, Matteo Salvini, Kathy Sinnott, Francesco Enrico Speroni, Jeffrey Titford, Witold Tomczak, Philippe de Villiers, John Whittaker, Thomas Wise, Bernard Piotr Wojciechowski, Andrzej Tomasz Zapałowski and Vladimír Železný, on total rejection of the draft general budget of the European Union for the financial year 2006 (B6-0642/2005)

(Qualified majority + 2/3 of votes cast)

(Qualified majority + 2/3 of votes cast)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

MOTION FOR A RESOLUTION

Rejected

5.3.   Draft general budget of the European Union — Financial year 2006, modified by the Council (vote)

(vote)

Draft amendments to the draft general budget modified by the Council

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

Giovanni Pittella (co-general rapporteur) pointed out that the following technical adjustments were to be made:

Firstly, following the imminent adoption of their legal bases, the appropriations voted against the following budget items should be released from the reserve and put onto the line whenever Parliament has an amendment and can make the modification. In other cases we invite the Commission to present the appropriate transfer request as soon as possible.

Budget lines concerned:

| — | 02 01 04 04 |
| --- | --- |

—

02 01 04 04

| — | 04 01 04 05 |
| --- | --- |

—

04 01 04 05

| — | 04 05 01 |
| --- | --- |

—

04 05 01

| — | 04 05 02 |
| --- | --- |

—

04 05 02

| — | 04 05 03 |
| --- | --- |

—

04 05 03

| — | 09 03 01 |
| --- | --- |

—

09 03 01

| — | 11 07 01 |
| --- | --- |

—

11 07 01

| — | 24 02 02 |
| --- | --- |

—

24 02 02

Secondly, the part of amendment 209 relating to line 19 08 02 01 is accepted for EUR 25 056 550. This will be covered by the vote on Block 1.

Parliament approved the technical corrections.

Valdis Dombrovskis (co-general rapporteur) made the following statement:

Due to a technical problem, remarks on Chapter 11 of the Court of Justice are missing from amendment 193. The remarks should read as follows:

A flat-rate reduction of 3,6 % has been applied to the appropriations in this chapter.

Establishment plan: creation of 5 new posts (4 B*3 et 1 C*1) for information technology and 16 posts for Romania and Bulgaria (10 A*7, 2 B*3 et 4 C*1).

Parliament approved the modification.

The amendments adopted are published in an annex to the ‘Texts Adopted’.

The amendments adopted are published in an annex to the ‘Texts Adopted’.

The following spoke:

The following spoke:

| — | Giovanni Pittella (rapporteur) on amendment 17. |
| --- | --- |

—

Giovanni Pittella (rapporteur) on amendment 17.

*

- *

As the President-in-Office of the Council had not yet arrived, the budget could not be signed at that time. The President decided to continue with the vote (see Minutes of 15.12.2005, Item 5.8 for signature of the budget).

(see Minutes of 15.12.2005, Item 5.8 for signature of the budget)

Martin Schulz spoke.

5.4.   Draft general budget 2006 (all sections) (vote)

(all sections) (vote)

Report on the draft general budget of the European Union for the financial year 2006, as modified by the Council (all sections) (14864/2005 — C6-0415/2005 — 2005/2001(BUD)) and Amending Letters

| — | No 1/2005 (14862/2005 — C6-0413/2005) |
| --- | --- |

—

No 1/2005 (14862/2005 — C6-0413/2005)

| — | No 2/2005 (14863/2005 — C6-0414/2005) |
| --- | --- |

—

No 2/2005 (14863/2005 — C6-0414/2005)

| — | No 3/2005 (15379/2005 — C6-0427/2005) |
| --- | --- |

—

No 3/2005 (15379/2005 — C6-0427/2005)

to the draft general budget of the European Union for the financial year 2006

| — | Section I, European Parliament |
| --- | --- |

—

Section I, European Parliament

| — | Section II, Council |
| --- | --- |

—

Section II, Council

| — | Section III, Commission |
| --- | --- |

—

Section III, Commission

| — | Section IV, Court of Justice |
| --- | --- |

—

Section IV, Court of Justice

| — | Section V, Court of Auditors |
| --- | --- |

—

Section V, Court of Auditors

| — | Section VI, European Economic and Social Committee |
| --- | --- |

—

Section VI, European Economic and Social Committee

| — | Section VII, Committee of the Regions |
| --- | --- |

—

Section VII, Committee of the Regions

| — | Section VIII(A), European Ombudsman |
| --- | --- |

—

Section VIII(A), European Ombudsman

| — | Section VIII(B), European Data Protection Supervisor — Committee on Budgets. |
| --- | --- |

—

Section VIII(B), European Data Protection Supervisor — Committee on Budgets.

Co-rapporteurs: Giovanni Pittella and Valdis Dombrovskis (A6-0396/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0514)

(P6_TA(2005)0514)

The following spoke:

The following spoke:

| — | Giovanni Pittella (co-general rapporteur), who moved an oral amendment to paragraph 6, which was incorporated. |
| --- | --- |

—

Giovanni Pittella (co-general rapporteur), who moved an oral amendment to paragraph 6, which was incorporated.

5.5.   Fisheries control programmes * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision amending Decision 2004/465/EC on a Community financial contribution towards Member States' fisheries control programmes [COM(2005)0328 — C6-0273/2005 — 2005/0136(CNS)] — Committee on Fisheries.

Rapporteur: Paulo Casaca (A6-0339/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0515)

(P6_TA(2005)0515)

5.6.   Charging of heavy goods vehicles ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures [9856/1/2005 — C6-0274/2005 — 2003/0175(COD)] — Committee on Transport and Tourism.

Rapporteur: Corien Wortmann-Kool (A6-0377/2005)

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2005)0516)

(P6_TA(2005)0516)

The following spoke:

The following spoke:

| — | Eva Lichtenberger, who requested that the second part of amendment 24, which the President declared to have fallen, be put to the vote, and Corien Wortmann-Kool (rapporteur), who confirmed that it had indeed fallen; |
| --- | --- |

—

Eva Lichtenberger, who requested that the second part of amendment 24, which the President declared to have fallen, be put to the vote, and Corien Wortmann-Kool (rapporteur), who confirmed that it had indeed fallen;

| — | Luis de Grandes Pascual, on the conduct of the vote. |
| --- | --- |

—

Luis de Grandes Pascual, on the conduct of the vote.

*

- *

The following spoke: Timothy Kirkhope, who first mentioned remarks made by the Presidency-in-Office of the Council the previous day, and then expressed his disappointment at the Council's absence during the budget vote that morning. Michael Cashman spoke in reply.

5.7.   Machinery ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC [5786/2/2005 — C6-0267/2005 — 2001/0004(COD)] — Committee on the Internal Market and Consumer Protection.

Rapporteur: Andreas Schwab (A6-0338/2005)

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 7)

(Voting record: ‘Results of votes’, Item 7)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2005)0517)

(P6_TA(2005)0517)

5.8.   Draft general budget of the European Union — Financial year 2006, modified by the Council (signature)

(signature)

As the President-in-Office of the Council had arrived, the President gave him the floor to make a brief statement.

Ivan Lewis (President-in-Office of the Council) made the following statement:

‘I am pleased to note that the agreement reached between our two institutions, following negotiations at the conciliation on 24 November 2005 and the trialogue on 30 November has now been included in the 2006 budget. I would like to take this opportunity to remind you that some small differences remain between us concerning the classification of expenditure in the budget and that the Council reserves its rights entirely in this respect. However, I am pleased to confirm that the Council can accept the maximum rate of increase resulting from your second reading. (...) Let us hope this is good news in terms of the delicate negotiations that are taking place as we speak in relation to the financial perspective. That will be in the interests of the European Union and its relationship with the people of Europe.’

The President made a brief statement on the maximum rate of increase and the financial perspective.

The President of Parliament called on Ivan Lewis (President-in-Office of the Council), Dalia Grybauskaitė (Commissioner for the Budget), Janusz Lewandowski (Chairman of the BUDG Committee) and the co-general rapporteurs Giovanni Pittella and Valdis Dombrovskis to join him, and then, with the President-in- Office of the Council, proceeded to sign the budget.

IN THE CHAIR: Alejo VIDAL-QUADRAS ROCA

Vice-President

5.9.   Annual and consolidated accounts ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC concerning the annual accounts of certain types of companies and consolidated accounts [COM(2004)0725 — C6-0164/2004 — 2004/0250(COD)] — Committee on Legal Affairs.

Rapporteur: Klaus-Heiner Lehne (A6-0384/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 8)

(Voting record: ‘Results of votes’, Item 8)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0518)

(P6_TA(2005)0518)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0518)

(P6_TA(2005)0518)

5.10.   The rights of persons with reduced mobility when travelling by air ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council concerning the rights of persons with reduced mobility when travelling by air [COM(2005)0047 — C6-0045/2005 — 2005/0007(COD)] — Committee on Transport and Tourism.

Rapporteur: Robert Evans (A6-0317/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 9)

(Voting record: ‘Results of votes’, Item 9)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0519)

(P6_TA(2005)0519)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0519)

(P6_TA(2005)0519)

The following spoke:

The following spoke:

Robert Evans (rapporteur), who welcomed the outcome of the vote.

5.11.   Measures for Sugar Protocol countries ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council establishing accompanying measures for Sugar Protocol countries affected by the reform of the EU sugar regime [COM(2005) 0266 — C6-0210/2005 — 2005/0117(COD)] — Committee on Development.

Rapporteur: Bernard Lehideux (A6-0281/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 10)

(Voting record: ‘Results of votes’, Item 10)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0520)

(P6_TA(2005)0520)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0520)

(P6_TA(2005)0520)

The following spoke:

The following spoke:

| — | Bernard Lehideux (rapporteur), before the vote, who confirmed that amendment 9 had been withdrawn, requested that his name be removed from the report, and called on the members of the DEVE Committee to vote against. |
| --- | --- |

—

Bernard Lehideux (rapporteur), before the vote, who confirmed that amendment 9 had been withdrawn, requested that his name be removed from the report, and called on the members of the DEVE Committee to vote against.

5.12.   Protocol to the EEC-Seychelles fishing agreement * (vote)

(vote)

Report on the proposal for a Council regulation on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles [COM(2005)0421 — C6-0321/2005 — 2005/0173(CNS)] — Committee on Fisheries.

Rapporteur: Philippe Morillon (A6-0385/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 11)

(Voting record: ‘Results of votes’, Item 11)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0521)

(P6_TA(2005)0521)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0521)

(P6_TA(2005)0521)

5.13.   Common fisheries policy and the Law of the Sea * (vote)

(vote)

Report on the proposal for a Council regulation establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea [COM(2005)0117 — C6-0131/2005 — 2005/0045(CNS)] — Committee on Fisheries.

Rapporteur: Catherine Stihler (A6-0340/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 12)

(Voting record: ‘Results of votes’, Item 12)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0522)

(P6_TA(2005)0522)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0522)

(P6_TA(2005)0522)

5.14.   Macrofinancial assistance to Georgia * (vote)

(vote)

Proposal for a Council decision providing macro-financial assistance to Georgia [COM(2005)0571 — C6-0407/2005 — 2005/0224(CNS)] — Committee on International Trade.

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 13)

(Voting record: ‘Results of votes’, Item 13)

PROPOSAL FOR A DECISION

Approved (P6_TA(2005)0523)

(P6_TA(2005)0523)

5.15.   Commission legislative and work programme for 2006 (vote)

(vote)

Motions for resolution B6-0636/2005, B6-0637/2005, B6-0638/2005, B6-0639/2005, B6-0640/2005 and B6-0641/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 14)

(Voting record: ‘Results of votes’, Item 14)

MOTION FOR A RESOLUTION RC-B6-0636/2005/CORR

(replacing B6-0636/2005, B6-0638/2005 and B6-0641/2005):

tabled by the following Members:

| — | Françoise Grossetête, on behalf of the PPE-DE Group, |
| --- | --- |

—

Françoise Grossetête, on behalf of the PPE-DE Group,

| — | Silvana Koch-Mehrin, on behalf of the ALDE Group, |
| --- | --- |

—

Silvana Koch-Mehrin, on behalf of the ALDE Group,

| — | Brian Crowley and Roberta Angelilli, on behalf of the UEN Group. |
| --- | --- |

—

Brian Crowley and Roberta Angelilli, on behalf of the UEN Group.

Adopted (P6_TA(2005)0524)

(P6_TA(2005)0524)

(Motions for resolutions B6-0637/2005, B6-0639/2005 and B6-0640/2005 fell.)

5.16.   Human rights and freedom of the press in Tunisia and evaluation of the World Summit on the Information Society held in Tunis (vote)

(vote)

Motions for resolution B6-0646/2005, B6-0647/2005, B6-0648/2005, B6-0652/2005, B6-0655/2005 and B6-0669/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 15)

(Voting record: ‘Results of votes’, Item 15)

MOTION FOR A RESOLUTION RC-B6-0646/2005

(replacing B6-0646/2005, B6-0647/2005, B6-0648/2005, B6-0652/2005, B6-0655/2005 and B6-0669/2005):

tabled by the following Members:

| — | Simon Busuttil and Bernd Posselt, on behalf of the PPE-DE Group, |
| --- | --- |

—

Simon Busuttil and Bernd Posselt, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano, Catherine Trautmann, Maria Badia I Cutchet, María Elena Valenciano Martínez-Orozco, Alain Hutchinson and Véronique De Keyser, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano, Catherine Trautmann, Maria Badia I Cutchet, María Elena Valenciano Martínez-Orozco, Alain Hutchinson and Véronique De Keyser, on behalf of the PSE Group,

| — | Thierry Cornillet, on behalf of the ALDE Group, |
| --- | --- |

—

Thierry Cornillet, on behalf of the ALDE Group,

| — | Hélène Flautre, Raül Romeva i Rueda and David Hammerstein Mintz, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Hélène Flautre, Raül Romeva i Rueda and David Hammerstein Mintz, on behalf of the Verts/ALE Group,

| — | Francis Wurtz, Luisa Morgantini, Vittorio Agnoletto, Esko Seppänen and Marco Rizzo, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Francis Wurtz, Luisa Morgantini, Vittorio Agnoletto, Esko Seppänen and Marco Rizzo, on behalf of the GUE/NGL Group,

| — | Ģirts Valdis Kristovskis, on behalf of the UEN Group. |
| --- | --- |

—

Ģirts Valdis Kristovskis, on behalf of the UEN Group.

Adopted (P6_TA(2005)0525)

(P6_TA(2005)0525)

The following spoke:

The following spoke:

Catherine Trautmann, before the vote, who suggested a correction to paragraph 6 of the joint motion for a resolution and to the paragraphs in which ‘the summit’ was mentioned.

5.17.   Promoting and protecting consumers' interests in the new Member States (vote)

(vote)

Report on the promotion and protection of consumers' interests in the new Member States [2004/2157 (INI)] — Committee on the Internal Market and Consumer Protection.

Rapporteur: Henrik Dam Kristensen (A6-0378/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 16)

(Voting record: ‘Results of votes’, Item 16)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0526)

(P6_TA(2005)0526)

5.18.   Direct State aid as a tool of regional development (vote)

(vote)

Report on the role of direct State aid as a tool of regional development [2004/2255(INI)] — Committee on Regional Development.

Rapporteur: Miloš Koterec (A6-0364/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 17)

(Voting record: ‘Results of votes’, Item 17)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0527)

(P6_TA(2005)0527)

The following spoke:

The following spoke:

| — | Miloš Koterec (rapporteur), who made a technical modification to paragraph 3, which was incorporated, and an oral amendment to amendment 31, which was also incorporated. |
| --- | --- |

—

Miloš Koterec (rapporteur), who made a technical modification to paragraph 3, which was incorporated, and an oral amendment to amendment 31, which was also incorporated.

5.19.   EU Development Policy (vote)

(vote)

Motion for a resolution B6-0653/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 18)

(Voting record: ‘Results of votes’, Item 18)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0528)

(P6_TA(2005)0528)

5.20.   Presumed use of European countries by the CIA for the transportation and illegal detention of prisoners (vote)

(vote)

Motions for resolution B6-0649/2005, B6-0650/2005, B6-0651/2005, B6-0654/2005, B6-0656/2005 and B6-0672/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 19)

(Voting record: ‘Results of votes’, Item 19)

MOTION FOR A RESOLUTION B6-0649/2005

Rejected

JOINT MOTION FOR A RESOLUTION RC-B6-0650/2005

(replacing B6-0650/2005, B6-0651/2005, B6-0654/2005 and B6-0672/2005):

tabled by the following Members:

| — | Martin Schulz, Jan Marinus Wiersma, Martine Roure and Hannes Swoboda, on behalf of the PSE Group, |
| --- | --- |

—

Martin Schulz, Jan Marinus Wiersma, Martine Roure and Hannes Swoboda, on behalf of the PSE Group,

| — | Sarah Ludford, on behalf of the ALDE Group, |
| --- | --- |

—

Sarah Ludford, on behalf of the ALDE Group,

| — | Daniel Marc Cohn-Bendit, Monica Frassoni and Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Daniel Marc Cohn-Bendit, Monica Frassoni and Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group,

| — | Francis Wurtz, Giusto Catania, Sylvia-Yvonne Kaufmann, Kyriacos Triantaphyllides, Marco Rizzo, Willy Meyer Pleite and Miguel Portas, on behalf of the GUE/NGL Group. |
| --- | --- |

—

Francis Wurtz, Giusto Catania, Sylvia-Yvonne Kaufmann, Kyriacos Triantaphyllides, Marco Rizzo, Willy Meyer Pleite and Miguel Portas, on behalf of the GUE/NGL Group.

Adopted (P6_TA(2005)0529)

(P6_TA(2005)0529)

The following spoke on the vote:

The following spoke on the vote:

| — | Sarah Ludford, on behalf of the ALDE Group, who moved an oral amendment to amendment 9, which was incorporated, and to recital F, which was not incorporated. |
| --- | --- |

—

Sarah Ludford, on behalf of the ALDE Group, who moved an oral amendment to amendment 9, which was incorporated, and to recital F, which was not incorporated.

| — | Robert Evans, who made a linguistic correction to the English version. |
| --- | --- |

—

Robert Evans, who made a linguistic correction to the English version.

(Motion for a resolution B6-0656/2005 fell.)

5.21.   Bulgaria (vote)

(vote)

Report on the state of preparedness for EU membership of Bulgaria [2005/2204(INI)] — Committee on Foreign Affairs.

Rapporteur: Geoffrey Van Orden (A6-0342/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 20)

(Voting record: ‘Results of votes’, Item 20)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0530)

(P6_TA(2005)0530)

The following spoke:

The following spoke:

| — | before the vote, Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, who requested a roll-call vote on amendment 15 (the President agreed to the request). |
| --- | --- |

—

before the vote, Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, who requested a roll-call vote on amendment 15 (the President agreed to the request).

5.22.   Romania (vote)

(vote)

Report on the extent of Romania's readiness for accession to the European Union [2005/2205(INI)] — Committee on Foreign Affairs.

Rapporteur: Pierre Moscovici (A6-0344/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 21)

(Voting record: ‘Results of votes’, Item 21)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0531)

(P6_TA(2005)0531)

The following spoke on the vote:

The following spoke on the vote:

| — | Jan Marinus Wiersma, who moved an oral amendment to amendment 14, which was incorporated; |
| --- | --- |

—

Jan Marinus Wiersma, who moved an oral amendment to amendment 14, which was incorporated;

| — | Erik Meijer, who moved an oral amendment to amendment 2, which was incorporated (amendment 2 was then rejected). |
| --- | --- |

—

Erik Meijer, who moved an oral amendment to amendment 2, which was incorporated (amendment 2 was then rejected).

5.23.   Women's networks (vote)

(vote)

Report on Women's networks: fishing, farming and diversification [2004/2263(INI)] — Committee on Fisheries.

Rapporteur: Elspeth Attwooll (A6-0341/2005)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 22)

(Voting record: ‘Results of votes’, Item 22)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0532)

(P6_TA(2005)0532)

*

- *

| — | Hannes Swoboda and Renate Sommer spoke on that day's vote. |
| --- | --- |

—

Hannes Swoboda and Renate Sommer spoke on that day's vote.

6.   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:

Recommendation for second reading: Corien Wortmann-Kool — A6-0377/2005

| — | Richard Seeber |
| --- | --- |

—

Richard Seeber

Report: Robert Evans — A6-0317/2005

| — | Zita Pleštinská |
| --- | --- |

—

Zita Pleštinská

Report: Miloš Koterec — A6-0364/2005

| — | Zita Pleštinská |
| --- | --- |

—

Zita Pleštinská

Presumed use of European countries by the CIA for the transportation and illegal detention of prisoners — RC-B6-0650/2005

| — | Bruno Gollnisch |
| --- | --- |

—

Bruno Gollnisch

Report: Pierre Moscovici — A6-0344/2005

| — | Luciana Sbarbati |
| --- | --- |

—

Luciana Sbarbati

7.   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 the ‘Result of roll-call votes’ annex.

‘Séance en direct’

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

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:

Maria Carlshamre had indicated that she had not taken part in all of the votes.

(The sitting was suspended at 12.10 and resumed at 15.05.)

(The sitting was suspended at 12.10 and resumed at 15.05.)

IN THE CHAIR: Mario MAURO

Vice-President

8.   Approval of Minutes of previous sitting

Pierre Moscovici and Cristiana Muscardini had informed the Presidency that they had been present but that their names were not on the attendance register.

The Minutes of the previous sitting were approved.

9.   Child helplines in Europe (written declaration)

(written declaration)

Written declaration 50/2005, submitted by Lissy Gröner, Genowefa Grabowska, Karin Riis-Jørgensen, Gérard Onesta and Vasco Graça Moura on child helplines in Europe had, by 15.12.2005, obtained the signatures of the majority of Parliament's component Members. Consequently, pursuant to Rule 116(4), it would be sent to its addressees and published, together with the names of the signatories, in the Texts Adopted of the sitting of 17.01.2006(P6_TA(2006)0009).

(P6_TA(2006)0009)

Lissy Gröner spoke.

10.   Request for the waiver of parliamentary immunity

The German authorities had forwarded a request to waive the parliamentary immunity of Tobias Pflüger.

Pursuant to Rule 6(2), the request had been referred to the committee responsible, the JURI Committee.

11.   Procedural change

At its meeting of 8 December 2005, the Conference of Presidents had decided to replace the authorisation it had granted on 30 June 2005 for an own-initiative report to be drawn up (under Rule 45) on heating and cooling from renewable energy sources (Minutes of 04.07.2005, Item 11) with an authorisation (under Rules 45(2) and 39) for a legislative own-initiative report to be drawn up under Article 192 of the EC Treaty, on condition that the necessary modifications were made to the report.

(Minutes of 04.07.2005, Item 11)

12.   Debate on cases of breaches of human rights, democracy and the rule of law (debate)

(debate)

(For the titles and authors of the motions for resolutions, see Minutes of 13.12.2005, Item 5)

(For the titles and authors of the motions for resolutions, see Minutes of 13.12.2005, Item 5)

12.1.   Human rights situation in Tibet and Hong Kong

Motions for resolution B6-0644/2005, B6-0657/2005, B6-0660/2005, B6-0664/2005 and B6-0667/2005

Glyn Ford, Eva Lichtenberger, Elizabeth Lynne and Thomas Mann introduced motions for resolutions.

The following spoke: Lidia Joanna Geringer de Oedenberg, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Gérard Onesta, on behalf of the Verts/ALE Group, Erik Meijer, on behalf of the GUE/NGL Group, Urszula Krupa, on behalf of the IND/DEM Group, Philip Claeys, Non-attached Member, and Günter Verheugen (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 15.12.2005, Item 13.1.

Minutes of 15.12.2005, Item 13.1

12.2.   Human rights in Russia

Motions for resolution B6-0645/2005, B6-0658/2005, B6-0661/2005, B6-0662/2005, B6-0665/2005 and B6-0668/2005

Reino Paasilinna, Milan Horáček, Marios Matsakis, Erik Meijer and Charles Tannock introduced motions for resolutions.

The following spoke: Bernd Posselt, on behalf of the PPE-DE Group, Józef Pinior, on behalf of the PSE Group, Bart Staes, on behalf of the Verts/ALE Group, Jaromír Kohlíček, on behalf of the GUE/NGL Group, Bogusław Sonik, Aloyzas Sakalas, Ari Vatanen, John Attard-Montalto and Günter Verheugen (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 15.12.2005, Item 13.2.

Minutes of 15.12.2005, Item 13.2

12.3.   Ethiopia and new border conflicts

Motions for resolution B6-0643/2005, B6-0659/2005, B6-0663/2005, B6-0666/2005, B6-0670/2005 and B6-0671/2005

Ana Maria Gomes, Raül Romeva i Rueda, Fiona Hall, Jaromír Kohlíček and Michael Gahler introduced motions for resolutions.

The following spoke: Karin Scheele, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Alyn Smith, on behalf of the Verts/ALE Group, Ryszard Czarnecki, Non-attached Member, and Günter Verheugen (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 15.12.2005, Item 13.3.

Minutes of 15.12.2005, Item 13.3

13.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

13.1.   Human rights situation in Tibet and Hong Kong (vote)

(vote)

Motions for resolution B6-0644/2005, B6-0657/2005, B6-0660/2005, B6-0664/2005 and B6-0667/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 23)

(Voting record: ‘Results of votes’, Item 23)

MOTION FOR A RESOLUTION RC-B6-0644/2005

(replacing B6-0644/2005, B6-0657/2005, B6-0660/2005, B6-0664/2005 and B6-0667/2005):

tabled by the following Members:

| — | Thomas Mann and Charles Tannock, on behalf of the PPE-DE Group, |
| --- | --- |

—

Thomas Mann and Charles Tannock, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano, on behalf of the PSE Group,

| — | Graham Watson, Frédérique Ries, Antoine Duquesne, Bill Newton Dunn and Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

—

Graham Watson, Frédérique Ries, Antoine Duquesne, Bill Newton Dunn and Marios Matsakis, on behalf of the ALDE Group,

| — | Eva Lichtenberger, Raül Romeva i Rueda and Gérard Onesta, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Eva Lichtenberger, Raül Romeva i Rueda and Gérard Onesta, on behalf of the Verts/ALE Group,

| — | Roberta Angelilli and Marcin Libicki, on behalf of the UEN Group. |
| --- | --- |

—

Roberta Angelilli and Marcin Libicki, on behalf of the UEN Group.

Adopted (P6_TA(2005)0533)

(P6_TA(2005)0533)

The following spoke on the vote:

The following spoke on the vote:

| — | Glyn Ford, who requested a split vote on paragraph 14; |
| --- | --- |

—

Glyn Ford, who requested a split vote on paragraph 14;

| — | Elizabeth Lynne, who spoke against the request as the deadline had passed. Consequently, the request was not accepted; |
| --- | --- |

—

Elizabeth Lynne, who spoke against the request as the deadline had passed. Consequently, the request was not accepted;

| — | Bernd Posselt, on the subject of the split. |
| --- | --- |

—

Bernd Posselt, on the subject of the split.

13.2.   Human rights in Russia (vote)

(vote)

Motions for resolution B6-0645/2005, B6-0658/2005, B6-0661/2005, B6-0662/2005, B6-0665/2005 and B6-0668/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 24)

(Voting record: ‘Results of votes’, Item 24)

MOTION FOR A RESOLUTION RC-B6-0645/2005

(replacing B6-0645/2005, B6-0658/2005, B6-0661/2005, B6-0662/2005, B6-0665/2005 and B6-0668/ 2005):

tabled by the following Members:

| — | Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group, |
| --- | --- |

—

Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano, Jan Marinus Wiersma and Reino Paasilinna, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano, Jan Marinus Wiersma and Reino Paasilinna, on behalf of the PSE Group,

| — | Cecilia Malmström and Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

—

Cecilia Malmström and Marios Matsakis, on behalf of the ALDE Group,

| — | Milan Horáček, Bart Staes and Hélène Flautre, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Milan Horáček, Bart Staes and Hélène Flautre, on behalf of the Verts/ALE Group,

| — | Vittorio Agnoletto, Jonas Sjöstedt and Feleknas Uca, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Vittorio Agnoletto, Jonas Sjöstedt and Feleknas Uca, on behalf of the GUE/NGL Group,

| — | Konrad Szymański and Inese Vaidere, on behalf of the UEN Group. |
| --- | --- |

—

Konrad Szymański and Inese Vaidere, on behalf of the UEN Group.

Adopted (P6_TA(2005)0534)

(P6_TA(2005)0534)

13.3.   Ethiopia and new border conflicts (vote)

(vote)

Motions for resolution B6-0643/2005, B6-0659/2005, B6-0663/2005, B6-0666/2005, B6-0670/2005 and B6-0671/2005

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 25)

(Voting record: ‘Results of votes’, Item 25)

MOTION FOR A RESOLUTION RC-B6-0643/2005

(replacing B6-0643/2005, B6-0659/2005, B6-0663/2005, B6-0666/2005, B6-0670/2005 and B6-0671/ 2005):

tabled by the following Members:

| — | Michael Gahler, Anders Wijkman and Charles Tannock, on behalf of the PPE-DE Group, |
| --- | --- |

—

Michael Gahler, Anders Wijkman and Charles Tannock, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano and Marie-Arlette Carlotti, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano and Marie-Arlette Carlotti, on behalf of the PSE Group,

| — | Fiona Hall, on behalf of the ALDE Group, |
| --- | --- |

—

Fiona Hall, on behalf of the ALDE Group,

| — | Margrete Auken, Raül Romeva i Rueda and Alyn Smith, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Margrete Auken, Raül Romeva i Rueda and Alyn Smith, on behalf of the Verts/ALE Group,

| — | Luisa Morgantini, Vittorio Agnoletto, Umberto Guidoni and Feleknas Uca, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Luisa Morgantini, Vittorio Agnoletto, Umberto Guidoni and Feleknas Uca, on behalf of the GUE/NGL Group,

| — | Ģirts Valdis Kristovskis, on behalf of the UEN Group. |
| --- | --- |

—

Ģirts Valdis Kristovskis, on behalf of the UEN Group.

(Marios Matsakis had also signed the joint motion for a resolution on behalf of the ALDE Group.)

Adopted (P6_TA(2005)0535)

(P6_TA(2005)0535)

14.   Decisions concerning certain documents

Authorisation to draw up own-initiative reports (Rule 45):

Authorisation to draw up own-initiative reports (Rule 45):

AFET Committee:

| — | Kashmir: present situation and future prospects (2005/2242(INI)) |
| --- | --- |

—

Kashmir: present situation and future prospects (2005/2242(INI))

| — | A stronger partnership between the European Union and Latin America (2005/2241(INI))
  (opinion: INTA) |
| --- | --- |

—

A stronger partnership between the European Union and Latin America (2005/2241(INI))

(opinion: INTA)

DEVE Committee:

| — | Development and migration (2005/2244(INI))
  (opinion: AFET, EMPL, CULT, LIBE, FEMM) |
| --- | --- |

—

Development and migration (2005/2244(INI))

(opinion: AFET, EMPL, CULT, LIBE, FEMM)

| — | Fair trade and development (2005/2245(INI))
  (opinion: INTA) |
| --- | --- |

—

Fair trade and development (2005/2245(INI))

(opinion: INTA)

INTA Committee:

| — | The economic partnership agreements (2005/2246(INI)) |
| --- | --- |

—

The economic partnership agreements (2005/2246(INI))

| — | Results of the WTO Ministerial Conference in Hong Kong (2005/2247(INI))
  (opinion: DEVE, ITRE, AGRI) |
| --- | --- |

—

Results of the WTO Ministerial Conference in Hong Kong (2005/2247(INI))

(opinion: DEVE, ITRE, AGRI)

EMPL Committee:

| — | A European social model for the future (2005/2248(INI))
  (opinion: ITRE) |
| --- | --- |

—

A European social model for the future (2005/2248(INI))

(opinion: ITRE)

ENVI Committee:

| — | Reducing the climate change impact of aviation (2005/2249(INI))
  (opinion: ECON, TRAN) |
| --- | --- |

—

Reducing the climate change impact of aviation (2005/2249(INI))

(opinion: ECON, TRAN)

AFCO Committee:

| — | Report on European political parties (2005/2224(INI))
  (opinion: BUDG, CONT, JURI) |
| --- | --- |

—

Report on European political parties (2005/2224(INI))

(opinion: BUDG, CONT, JURI)

PETI Committee:

| — | Special Report from the European Ombudsman following the draft recommendation to the Council of the European Union concerning the publicity of the Council's meetings in its legislative capacity, complaint 2395/2003/GG (2005/2243(INI)) |
| --- | --- |

—

Special Report from the European Ombudsman following the draft recommendation to the Council of the European Union concerning the publicity of the Council's meetings in its legislative capacity, complaint 2395/2003/GG (2005/2243(INI))

Decision to draw up a report under Rule 202:

Decision to draw up a report under Rule 202:

AFCO Committee:

| — | Interpretation/amendment of the Rules of Procedure with a view to facilitating the resolution of questions of competence, particularly in non-legislative procedures (2005/2239(REG)) |
| --- | --- |

—

Interpretation/amendment of the Rules of Procedure with a view to facilitating the resolution of questions of competence, particularly in non-legislative procedures (2005/2239(REG))

| — | Amendment of the Rules to adapt internal procedures to requirements linked to simplification of Community legislation (2005/2238(REG)) |
| --- | --- |

—

Amendment of the Rules to adapt internal procedures to requirements linked to simplification of Community legislation (2005/2238(REG))

Referral to committees:

Referral to committees

FEMM Committee

| — | Innovation and competitiveness (2007-2013) (COM(2005)0121 — C6-0098/2005 — 2005/0050 (COD))






  referred to | responsible: ITRE |
| --- | --- | --- |
| opinion: BUDG, ECON, EMPL, ENVI, IMCO, FEMM |

—

Innovation and competitiveness (2007-2013) (COM(2005)0121 — C6-0098/2005 — 2005/0050 (COD))

referred to

responsible: ITRE

opinion: BUDG, ECON, EMPL, ENVI, IMCO, FEMM

Enhanced cooperation between committees:

Enhanced cooperation between committees

ENVI Committee

| — | Reducing the climate change impact of aviation (2005/2249(INI))
  (opinion: ECON) |
| --- | --- |

—

Reducing the climate change impact of aviation (2005/2249(INI))

(opinion: ECON)

Enhanced cooperation between committees ENVI, TRAN

(Following the Conference of Presidents' Decision of 15.11.2005)

15.   Written declarations included in the register (Rule 116)

(Rule 116)

Number of signatures obtained by the written declarations in the register (Rule 116(3)):

| Document | Author | Signatures |
| --- | --- | --- |
| 47/2005 | James Hugh Allister | 9 |
| 48/2005 | Richard Corbett | 87 |
| 49/2005 | Richard Corbett | 35 |
| 50/2005 | Lissy Gröner, Genowefa Grabowska, Karin Riis-Jørgensen, Gérard Onesta and Vasco Graça Moura | 394 |
| 51/2005 | Silvana Koch-Mehrin | 73 |
| 52/2005 | David Martin, Paulo Casaca, Peter Skinner, Terence Wynn and Robert Evans | 375 |
| 53/2005 | Charles Tannock, Jana Hybášková, Marek Maciej Siwiec, André Brie and Frédérique Ries | 149 |
| 54/2005 | Den Dover and Kathy Sinnott | 103 |
| 55/2005 | Den Dover and Kathy Sinnott | 71 |
| 56/2005 | Alessandra Mussolini | 7 |
| 57/2005 | Alessandra Mussolini | 2 |
| 58/2005 | Alessandra Mussolini | 2 |
| 59/2005 | Daniel Strož, Miloslav Ransdorf and Jaromír Kohlíček | 15 |
| 60/2005 | Marie-Line Reynaud and Marie-Noëlle Lienemann | 65 |
| 61/2005 | Íñigo Méndez de Vigo, Ilda Figueiredo, Bronisław Geremek, Jean Lambert and Martine Roure | 142 |
| 62/2005 | Elizabeth Lynne, María Elena Valenciano Martínez-Orozco and Anna Záborská | 180 |
| 63/2005 | Terence Wynn, Catherine Stihler, Neil Parish, Paulo Casaca and Elspeth Attwooll | 48 |
| 64/2005 | Sylwester Chruszcz and Andrzej Tomasz Zapałowski | 43 |
| 65/2005 | Bruno Gollnisch | 6 |
| 66/2005 | Philip Claeys, Frank Vanhecke, Koenraad Dillen and Carl Lang | 12 |
| 67/2005 | Bruno Gollnisch, Andreas Mölzer and Luca Romagnoli | 5 |
| 68/2005 | Marie Panayotopoulos-Cassiotou, José Ribeiro e Castro, Kathy Sinnott, Nathalie Griesbeck and Konrad Szymański | 73 |
| 69/2005 | Emine Bozkurt, Claude Moraes, Christopher Heaton-Harris, Cem Özdemir and Alexander Nuno Alvaro | 209 |
| 70/2005 | Roberta Angelilli, Cristiana Muscardini, Romano Maria La Russa, Alessandro Foglietta and Sergio Berlato | 30 |
| 71/2005 | Nathalie Griesbeck | 46 |
| 72/2005 | Monika Beňová, Miloš Koterec and Vladimír Maňka | 43 |
| 73/2005 | Raül Romeva i Rueda and Gérard Onesta | 24 |
| 74/2005 | Michael Cashman, Emine Bozkurt and Thijs Berman | 45 |
| 75/2005 | Marie-Arlette Carlotti, Philippe Busquin, Joseph Daul, Mario Mauro and Bogusław Sonik | 39 |
| 76/2005 | Alyn Smith | 15 |
| 77/2005 | Alfredo Antoniozzi, Mario Mantovani, Marie-Line Reynaud and Jan Jerzy Kułakowski | 54 |
| 78/2005 | Daniel Strož | 7 |
| 79/2005 | Katalin Lévai, Martine Roure, Anne Van Lancker, Eva-Britt Svensson and Lissy Gröner | 33 |
| 80/2005 | Mario Borghezio | 2 |
| 81/2005 | Luca Romagnoli, Carlo Fatuzzo and Marco Pannella | 16 |
| 82/2005 | Dimitrios Papadimoulis, Feleknas Uca and Panagiotis Beglitis | 11 |

Document

Document

Author

Author

Signatures

Signatures

47/2005

James Hugh Allister

9

48/2005

Richard Corbett

87

49/2005

Richard Corbett

35

50/2005

Lissy Gröner, Genowefa Grabowska, Karin Riis-Jørgensen, Gérard Onesta and Vasco Graça Moura

394

51/2005

Silvana Koch-Mehrin

73

52/2005

David Martin, Paulo Casaca, Peter Skinner, Terence Wynn and Robert Evans

375

53/2005

Charles Tannock, Jana Hybášková, Marek Maciej Siwiec, André Brie and Frédérique Ries

149

54/2005

Den Dover and Kathy Sinnott

103

55/2005

Den Dover and Kathy Sinnott

71

56/2005

Alessandra Mussolini

7

57/2005

Alessandra Mussolini

2

58/2005

Alessandra Mussolini

2

59/2005

Daniel Strož, Miloslav Ransdorf and Jaromír Kohlíček

15

60/2005

Marie-Line Reynaud and Marie-Noëlle Lienemann

65

61/2005

Íñigo Méndez de Vigo, Ilda Figueiredo, Bronisław Geremek, Jean Lambert and Martine Roure

142

62/2005

Elizabeth Lynne, María Elena Valenciano Martínez-Orozco and Anna Záborská

180

63/2005

Terence Wynn, Catherine Stihler, Neil Parish, Paulo Casaca and Elspeth Attwooll

48

64/2005

Sylwester Chruszcz and Andrzej Tomasz Zapałowski

43

65/2005

Bruno Gollnisch

6

66/2005

Philip Claeys, Frank Vanhecke, Koenraad Dillen and Carl Lang

12

67/2005

Bruno Gollnisch, Andreas Mölzer and Luca Romagnoli

5

68/2005

Marie Panayotopoulos-Cassiotou, José Ribeiro e Castro, Kathy Sinnott, Nathalie Griesbeck and Konrad Szymański

73

69/2005

Emine Bozkurt, Claude Moraes, Christopher Heaton-Harris, Cem Özdemir and Alexander Nuno Alvaro

209

70/2005

Roberta Angelilli, Cristiana Muscardini, Romano Maria La Russa, Alessandro Foglietta and Sergio Berlato

30

71/2005

Nathalie Griesbeck

46

72/2005

Monika Beňová, Miloš Koterec and Vladimír Maňka

43

73/2005

Raül Romeva i Rueda and Gérard Onesta

24

74/2005

Michael Cashman, Emine Bozkurt and Thijs Berman

45

75/2005

Marie-Arlette Carlotti, Philippe Busquin, Joseph Daul, Mario Mauro and Bogusław Sonik

39

76/2005

Alyn Smith

15

77/2005

Alfredo Antoniozzi, Mario Mantovani, Marie-Line Reynaud and Jan Jerzy Kułakowski

54

78/2005

Daniel Strož

7

79/2005

Katalin Lévai, Martine Roure, Anne Van Lancker, Eva-Britt Svensson and Lissy Gröner

33

80/2005

Mario Borghezio

2

81/2005

Luca Romagnoli, Carlo Fatuzzo and Marco Pannella

16

82/2005

Dimitrios Papadimoulis, Feleknas Uca and Panagiotis Beglitis

11

16.   Forwarding of texts adopted during the sitting

Pursuant to Rule 172(2), the Minutes of that day's sitting would be submitted to Parliament for its approval at the beginning of the next sitting.

With Parliament's agreement, the texts that had been adopted would be forwarded forthwith to the bodies named therein.

17.   Dates for next sittings

The next sittings would be held from 16.01.2006 to 19.01.2006.

18.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 16.20.

Julian Priestley

Secretary-General

Josep Borrell Fontelles

President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Allister, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Arif, Arnaoutakis, Ashworth, Assis, Atkins, Attard-Montalto, Attwooll, Auken, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badia I Cutchet, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belder, Belet, Belohorská, Bennahmias, Berend, Berès, Berger, Berlato, Berman, Bielan, Birutis, Blokland, Bloom, Bobošíková, Bösch, Bonde, Bonino, Bono, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Budreikaitė, van Buitenen, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Calabuig Rull, Callanan, Camre, Carlotti, Carlshamre, Carnero González, Casa, Casaca, Cashman, Castex, Castiglione, Catania, Cavada, Cederschiöld, Cercas, Chichester, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Costa, Cottigny, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, D'Alema, Daul, Davies, de Brún, Degutis, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez, Descamps, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Didžiokas, Díez González, Dimitrakopoulos, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Duquesne, Ebner, Ehler, El Khadraoui, Elles, Esteves, Estrela, Ettl, Eurlings, Robert Evans, Fajmon, Falbr, Fatuzzo, Fava, Ferber, Fernandes, Fernández Martín, Elisa Ferreira, Figueiredo, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Ford, Fourtou, Fraga Estévez, Frassoni, Freitas, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo, García Pérez, Garriga Polledo, Gauzès, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Gierek, Giertych, Gill, Glante, Glattfelder, Goebbels, Goepel, Gollnisch, Gomes, Gomolka, Goudin, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, de Grandes Pascual, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Gruber, Guardans Cambó, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Harangozó, Harbour, Harkin, Harms, Hasse Ferreira, Hatzidakis, Haug, Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Herczog, Herranz García, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Hudacký, Hughes, Hutchinson, Hybášková, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jałowiecki, Janowski, Járóka, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kindermann, Kirkhope, Klamt, Klaß, Klich, Klinz, Koch, Kohlíček, Konrad, Korhola, Koterec, Kozlík, Krahmer, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Laperrouze, La Russa, Lavarra, Lechner, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liese, Locatelli, Ludford, Lulling, Lundgren, Lynne, Maat, Maaten, McCarthy, McDonald, McGuinness, McMillan-Scott, Madeira, Malmström, Manders, Maňka, Thomas Mann, Mantovani, Marques, Hans-Peter Martin, Martínez Martínez, Masiel, Masip Hidalgo, Mastenbroek, Mathieu, Mato Adrover, Matsakis, Matsis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Moraes, Morgantini, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Mussolini, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Nicholson, van Nistelrooij, Novak, Özdemir, Olajos, Olbrycht, Onesta, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Panayotopoulos-Cassiotou, Pannella, Parish, Patrie, Pavilionis, Pęk, Pflüger, Piecyk, Pieper, Pīks, Pinior, Piotrowski, Piskorski, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poignant, Polfer, Poli Bortone, Portas, Posdorf, Posselt, Prets, Procacci, Prodi, Protasiewicz, Purvis, Rack, Radwan, Rapkay, Rasmussen, Remek, Resetarits, Reul, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salafranca Sánchez-Neyra, Salinas García, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savi, Sbarbati, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Siwiec, Skinner, Smith, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, Stenzel, Sterckx, Stevenson, Stihler, Stockmann, Strož, Stubb, Sudre, Surján, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Takkula, Tannock, Tarabella, Tatarella, Thomsen, Thyssen, Titford, Titley, Tomczak, Toubon, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Ulmer, Väyrynen, Valenciano Martínez-Orozco, Van Lancker, Van Orden, Varvitsiotis, Vatanen, Vaugrenard, Ventre, Verges, Vergnaud, Vernola, Vidal-Quadras Roca, Vincenzi, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Henri Weber, Manfred Weber, Weiler, Weisgerber, Westlund, Whitehead, Whittaker, Wieland, Wiersma, Wijkman, Wise, von Wogau, Wohlin, Bernard Piotr Wojciechowski, Wortmann-Kool, Wuermeling, Wurtz, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Záborská, Zahradil, Zani, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zīle, Zvěřina, Zwiefka

Observers:

Abadjiev Dimitar, Arabadjiev Alexander, Athanasiu Alexandru, Bărbuleţiu Tiberiu, Becşenescu Dumitru, Bliznashki Georgi, Buruiană Aprodu Daniela, Christova Christina Velcheva, Ciornei Silvia, Cioroianu Adrian Mihai, Coşea Dumitru Gheorghe Mircea, Creţu Corina, Creţu Gabriela, Dimitrov Martin, Duca Viorel Senior, Dumitrescu Cristian, Ganţ Ovidiu Victor, Hogea Vlad Gabriel, Ilchev Stanimir, Ivanova Iglika, Kirilov Evgeni, Mihăescu Eugen, Morţun Alexandru Ioan, Muscă Monica Octavia, Nicolae Şerban, Petre Maria, Podgorean Radu, Popa Nicolae Vlad, Popeangă Petre, Sârbu Daciana Octavia, Severin Adrian, Silaghi Ovidiu Ioan, Sofianski Stefan, Stoyanov Dimitar, Szabó Károly Ferenc, Tîrle Radu, Vigenin Kristian, Zgonea Valeriu Ştefan

---

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.   Mobilisation of the flexibility instrument *

Report: Reimer BÖGE (A6-0395/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: resolution (as a whole) | | + | qualified majority + 3/5 of votes cast |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: resolution (as a whole)

+

qualified majority + 3/5 of votes cast

2.   Rejection of the draft general budget

Motion for a resolution: B6-0642/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: resolution (as a whole) | RCV | - | 32, 472, 10



  qualified majority + 2/3 of votes cast |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: resolution (as a whole)

RCV

-

32, 472, 10

qualified majority + 2/3 of votes cast

Requests for roll-call votes

IND/DEM: final vote

3.   Draft general budget of the European Union — Financial year 2006, modified by the Council

| Am No | Budget line | Block, RCV, EV, sep, split | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- |
| COMMISSION |
| 29 | 05 04 01 02 | Block 1 | + | |
| 30 | 05 04 01 11 | Block 1 |
| 71 | 13 03 08 | Block 1 |
| 195 | 01 04 05 | Block 1 |
| 5 | 02 02 01 02 | Block 1 |
| 196 | 02 02 02 06 | Block 1 |
| 8 | 02 02 03 02 | Block 1 |
| 9 | 02 02 03 03 | Block 1 |
| 10 | 02 02 08 | Block 1 |
| 12 | 02 03 01 | Block 1 |
| 179 | 02 03 02 01 | Block 1 |
| 14 | 02 03 02 02 | Block 1 |
| 15 | 02 03 02 03 | Block 1 |
| 16 | 02 04 01 | Block 1 |
| 20 | 04 02 15 | Block 1 |
| 21 | 04 03 03 01 | Block 1 |
| 22 | 04 04 02 01 | Block 1 |
| 23 | 04 04 03 | Block 1 |
| 24 | 04 04 08 | Block 1 |
| 25 | 04 04 11 | Block 1 |
| 26 | 04 04 12 | Block 1 |
| 27 | 04 05 02 | Block 1 |
| 200 | 05 01 04 05 | Block 1 |
| 180 | 06 02 01 01 | Block 1 |
| 181 | 06 02 02 03 | Block 1 |
| 35 | 06 02 03 | Block 1 |
| 36 | 06 02 04 02 | Block 1 |
| 37 | 06 02 07 | Block 1 |
| 38 | 06 04 03 01 | Block 1 |
| 39 | 06 05 01 | Block 1 |
| 40 | 06 07 02 | Block 1 |
| 43 | 07 03 01 01 | Block 1 |
| 44 | 07 03 02 | Block 1 |
| 45 | 07 03 03 02 | Block 1 |
| 46 | 07 03 06 03 | Block 1 |
| 47 | 07 03 09 | Block 1 |
| 48 | 07 04 01 01 | Block 1 |
| 49 | 07 04 02 | Block 1 |
| 50 | 08 10 01 01 | Block 1 |
| 51 | 09 01 04 01 | Block 1 |
| 52 | 09 03 01 | Block 1 |
| 53 | 09 03 03 | Block 1 |
| 54 | 09 03 06 | Block 1 |
| 55 | 09 05 01 | Block 1 |
| 56 | 09 05 03 | Block 1 |
| 224 | 11 04 01 | Block 1 |
| 70 | 11 07 02 | Block 1 |
| 73 | 14 02 01 | Block 1 |
| 182 | 14 04 02 | Block 1 |
| 75 | 14 05 03 | Block 1 |
| 76 | 15 | Block 1 |
| 77 | 15 01 04 01 | Block 1 |
| 78 | 15 02 02 05 | Block 1 |
| 79 | 15 02 02 06 | Block 1 |
| 81 | 15 04 02 01 | Block 1 |
| 82 | 15 06 01 01 | Block 1 |
| 84 | 15 06 01 09 | Block 1 |
| 85 | 15 06 05 | Block 1 |
| 86 | 15 06 06 | Block 1 |
| 88 | 16 02 03 | Block 1 |
| 184 | 16 03 01 | Block 1 |
| 185 | 16 05 01 | Block 1 |
| 204 | 17 01 04 02 | Block 1 |
| 94 | 17 03 03 02 | Block 1 |
| 95 | 17 03 04 | Block 1 |
| 96 | 18 01 04 03 | Block 1 |
| 97 | 18 02 03 02 | Block 1 |
| 98 | 18 03 03 | Block 1 |
| 99 | 18 03 05 | Block 1 |
| 100 | 18 03 07 | Block 1 |
| 101 | 18 03 08 | Block 1 |
| 102 | 18 04 01 02 | Block 1 |
| 103 | 18 04 03 | Block 1 |
| 104 | 18 05 01 02 | Block 1 |
| 105 | 18 05 04 | Block 1 |
| 106 | 18 05 06 | Block 1 |
| 107 | 18 05 07 | Block 1 |
| 186 | 18 06 04 01 | Block 1 |
| 109 | 18 06 05 | Block 1 |
| 110 | 18 08 02 | Block 1 |
| 111 | 18 08 03 | Block 1 |
| 112 | 18 08 05 | Block 1 |
| 113 | 18 08 06 | Block 1 |
| 121 | 19 04 02 | Block 1 |
| 163 | 22 02 09 | Block 1 |
| 171 | 29 01 04 01 | Block 1 |
| 174 | PARTC-10-4 | Block 1 |
| 42 | 07 02 01 | Block 1 |
| 68 | 11 03 03 | Block 1 |
| 80 | 15 02 03 | Block 1 |
| 205 | 19 02 04 | Block 1 |
| 187 | 19 02 05 | Block 1 |
| 117 | 19 02 11 | Block 1 |
| 118 | 19 02 12 | Block 1 |
| 122 | 19 04 03 | Block 1 |
| 124 | 19 04 05 | Block 1 |
| 207 | 19 06 01 | Block 1 |
| 126 | 19 06 02 | Block 1 |
| 208 | 19 06 05 | Block 1 |
| 209 | 19 08 02 01 | Block 1 |
| 129 | 19 08 02 02 | Block 1 |
| 210 | 19 08 07 | Block 1 |
| 211 | 19 09 01 | Block 1 |
| 212 | 19 09 02 | Block 1 |
| 188 | 19 09 03 | Block 1 |
| 213 | 19 10 01 | Block 1 |
| 214 | 19 10 02 | Block 1 |
| 215 | 19 10 03 | Block 1 |
| 216 | 19 10 04 | Block 1 |
| 189 | 19 10 06 | Block 1 |
| 140 | 19 11 01 | Block 1 |
| 141 | 19 11 02 | Block 1 |
| 146 | 20 02 01 | Block 1 |
| 147 | 20 02 03 | Block 1 |
| 190 | 21 02 02 | Block 1 |
| 191 | 21 02 03 | Block 1 |
| 217 | 21 02 07 02 | Block 1 |
| 152 | 21 02 07 04 | Block 1 |
| 218 | 21 02 09 01 | Block 1 |
| 156 | 21 03 | Block 1 |
| 157 | 21 03 01 | Block 1 |
| 159 | 21 04 02 | Block 1 |
| 220 | 22 05 01 | Block 1 |
| 166 | 22 05 02 | Block 1 |
| 167 | 22 05 03 | Block 1 |
| 168 | 22 05 04 | Block 1 |
| 192 | 23 02 01 | Block 1 |
| 199 | 05 01 04 03 | Block 1 |
| 201 | 13 05 01 01 | Block 1 |
| 219 | 22 01 04 01 | Block 1 |
| 161 | 22 01 04 05 | Block 1 |
| 162 | 22 02 02 | Block 1 |
| 164 | 22 02 10 | Block 1 |
| 221 | XX 01 02 11 | Block 1 |
| 222 | Block 1 |
| 223 | XX 01 02 11 09 | Block 1 |
| 4 | 02 01 02 11 | Block 1 |
| 41 | 07 01 02 11 | Block 1 |
| 202 | 15 06 01 07 | Block 1 |
| 114 | 19 01 02 11 | Block 1 |
| 170 | 26 01 50 23 | Block 1 |
| 198 | 04 02 01 | split | 1/RCV | + | 467, 63, 4 |
| 2 | + | |
| 1 | 01 02 04 | RCV | + | 430, 96, 12 |
| 178 | 02 02 02 01 | split | 1 | + | |
| 2 | + | |
| 197 | 02 02 09 | RCV | + | 448, 69, 16 |
| 17 | 02 04 02 | sep | + | |
| 32 | 06 01 04 31 | sep/EV | + | 326, 197, 10 |
| 183 | 16 02 02 | sep | + | |
| 90 | 16 03 02 | sep | + | |
| 203 | 16 03 04 | RCV | + | 430, 90, 13 |
| 206 | 19 03 03 | RCV | + | 437, 72, 14 |
| 123 | 19 04 04 | sep | + | |
| 130 | 19 08 03 | sep | + | |
| 175 | XX 01 01 01 | sep | + | |
| COURT OF JUSTICE |
| 193 | 1 1 | Block 2 | + | |
| 57 | 1 0 5 0 | Block 2 |
| 67 | 1 8 9 6 | Block 2 |
| 142 | 2 0 0 0 | Block 2 |
| 144 | 2 1 0 | Block 2 |
| COURT OF AUDITORS |
| 194 | 1 1 | Block 3 | + | |
| 62 | 1 1 0 0 | Block 3 |
| 63 | Block 3 |
| 64 | 1 1 1 5 | Block 3 |
| EUROPEAN ECONOMIC AND SOCIAL COMMITTEE |
| 59 | 1 1 | Block 4 | + | |
| 65 | 1 8 6 3 | Block 4 |
| 143 | 2 0 2 | Block 4 |
| COMMITTEE OF THE REGIONS |
| 66 | 1 8 9 1 | Block 5 | + | |
| 145 | 2 4 0 | Block 5 |
| 148 | 2 0 0 1 | Block 5 |
| 60 | 1 1 | AN | + | 456, 67, 7 |
| EUROPEAN OMBUDSMAN |
| 172 | A-1 2 | | + | |
| EUROPEAN DATA PROTECTION SUPERVISOR |
| 173 | B-1 1 | | + | |

Am No

Budget line

Block, RCV, EV, sep, split

Vote

RCV/EV — remarks

COMMISSION

29

05 04 01 02

Block 1

+

30

05 04 01 11

Block 1

71

13 03 08

Block 1

195

01 04 05

Block 1

5

02 02 01 02

Block 1

196

02 02 02 06

Block 1

8

02 02 03 02

Block 1

9

02 02 03 03

Block 1

10

02 02 08

Block 1

12

02 03 01

Block 1

179

02 03 02 01

Block 1

14

02 03 02 02

Block 1

15

02 03 02 03

Block 1

16

02 04 01

Block 1

20

04 02 15

Block 1

21

04 03 03 01

Block 1

22

04 04 02 01

Block 1

23

04 04 03

Block 1

24

04 04 08

Block 1

25

04 04 11

Block 1

26

04 04 12

Block 1

27

04 05 02

Block 1

200

05 01 04 05

Block 1

180

06 02 01 01

Block 1

181

06 02 02 03

Block 1

35

06 02 03

Block 1

36

06 02 04 02

Block 1

37

06 02 07

Block 1

38

06 04 03 01

Block 1

39

06 05 01

Block 1

40

06 07 02

Block 1

43

07 03 01 01

Block 1

44

07 03 02

Block 1

45

07 03 03 02

Block 1

46

07 03 06 03

Block 1

47

07 03 09

Block 1

48

07 04 01 01

Block 1

49

07 04 02

Block 1

50

08 10 01 01

Block 1

51

09 01 04 01

Block 1

52

09 03 01

Block 1

53

09 03 03

Block 1

54

09 03 06

Block 1

55

09 05 01

Block 1

56

09 05 03

Block 1

224

11 04 01

Block 1

70

11 07 02

Block 1

73

14 02 01

Block 1

182

14 04 02

Block 1

75

14 05 03

Block 1

76

15

Block 1

77

15 01 04 01

Block 1

78

15 02 02 05

Block 1

79

15 02 02 06

Block 1

81

15 04 02 01

Block 1

82

15 06 01 01

Block 1

84

15 06 01 09

Block 1

85

15 06 05

Block 1

86

15 06 06

Block 1

88

16 02 03

Block 1

184

16 03 01

Block 1

185

16 05 01

Block 1

204

17 01 04 02

Block 1

94

17 03 03 02

Block 1

95

17 03 04

Block 1

96

18 01 04 03

Block 1

97

18 02 03 02

Block 1

98

18 03 03

Block 1

99

18 03 05

Block 1

100

18 03 07

Block 1

101

18 03 08

Block 1

102

18 04 01 02

Block 1

103

18 04 03

Block 1

104

18 05 01 02

Block 1

105

18 05 04

Block 1

106

18 05 06

Block 1

107

18 05 07

Block 1

186

18 06 04 01

Block 1

109

18 06 05

Block 1

110

18 08 02

Block 1

111

18 08 03

Block 1

112

18 08 05

Block 1

113

18 08 06

Block 1

121

19 04 02

Block 1

163

22 02 09

Block 1

171

29 01 04 01

Block 1

174

PARTC-10-4

Block 1

42

07 02 01

Block 1

68

11 03 03

Block 1

80

15 02 03

Block 1

205

19 02 04

Block 1

187

19 02 05

Block 1

117

19 02 11

Block 1

118

19 02 12

Block 1

122

19 04 03

Block 1

124

19 04 05

Block 1

207

19 06 01

Block 1

126

19 06 02

Block 1

208

19 06 05

Block 1

209

19 08 02 01

Block 1

129

19 08 02 02

Block 1

210

19 08 07

Block 1

211

19 09 01

Block 1

212

19 09 02

Block 1

188

19 09 03

Block 1

213

19 10 01

Block 1

214

19 10 02

Block 1

215

19 10 03

Block 1

216

19 10 04

Block 1

189

19 10 06

Block 1

140

19 11 01

Block 1

141

19 11 02

Block 1

146

20 02 01

Block 1

147

20 02 03

Block 1

190

21 02 02

Block 1

191

21 02 03

Block 1

217

21 02 07 02

Block 1

152

21 02 07 04

Block 1

218

21 02 09 01

Block 1

156

21 03

Block 1

157

21 03 01

Block 1

159

21 04 02

Block 1

220

22 05 01

Block 1

166

22 05 02

Block 1

167

22 05 03

Block 1

168

22 05 04

Block 1

192

23 02 01

Block 1

199

05 01 04 03

Block 1

201

13 05 01 01

Block 1

219

22 01 04 01

Block 1

161

22 01 04 05

Block 1

162

22 02 02

Block 1

164

22 02 10

Block 1

221

XX 01 02 11

Block 1

222

Block 1

223

XX 01 02 11 09

Block 1

4

02 01 02 11

Block 1

41

07 01 02 11

Block 1

202

15 06 01 07

Block 1

114

19 01 02 11

Block 1

170

26 01 50 23

Block 1

198

04 02 01

split

1/RCV

+

467, 63, 4

2

+

1

01 02 04

RCV

+

430, 96, 12

178

02 02 02 01

split

1

+

2

+

197

02 02 09

RCV

+

448, 69, 16

17

02 04 02

sep

+

32

06 01 04 31

sep/EV

+

326, 197, 10

183

16 02 02

sep

+

90

16 03 02

sep

+

203

16 03 04

RCV

+

430, 90, 13

206

19 03 03

RCV

+

437, 72, 14

123

19 04 04

sep

+

130

19 08 03

sep

+

175

XX 01 01 01

sep

+

COURT OF JUSTICE

193

1 1

Block 2

+

57

1 0 5 0

Block 2

67

1 8 9 6

Block 2

142

2 0 0 0

Block 2

144

2 1 0

Block 2

COURT OF AUDITORS

194

1 1

Block 3

+

62

1 1 0 0

Block 3

63

Block 3

64

1 1 1 5

Block 3

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

59

1 1

Block 4

+

65

1 8 6 3

Block 4

143

2 0 2

Block 4

COMMITTEE OF THE REGIONS

66

1 8 9 1

Block 5

+

145

2 4 0

Block 5

148

2 0 0 1

Block 5

60

1 1

AN

+

456, 67, 7

EUROPEAN OMBUDSMAN

172

A-1 2

+

EUROPEAN DATA PROTECTION SUPERVISOR

173

B-1 1

+

Amendments replaced

225 replaces 197

226 replaces 106

227 replaces 147

228 replaces 221 + 222

230 replaces 193

231 replaces 52

Requests for roll-call votes

IND/DEM: 1, 197, 203, 206, 60 and 198/1st part

Requests for separate votes

PPE-DE: 32 and 17:

IND/DEM: 183, 90, 123, 130 and 175

Requests for split votes

IND/DEM

am 198

1st part: amount

2nd part: remainder

am 178

1st part: amount

2nd part: remainder

4.   Draft general budget for 2006 (all sections)

Report: Giovanni PITTELLA, Valdis DOMBROVSKIS (A6-0396/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 4 | 8 | PPE-DE | split | | |
| 1 | + | |
| 2 | + | |
| after § 5 | 1 | IND/DEM | RCV | - | 91, 424, 20 |
| 2 | IND/DEM | RCV | - | 92, 414, 26 |
| 3 | IND/DEM | RCV | - | 102, 412, 12 |
| § 6 | § | original text | | + | oral amendment |
| after § 15 | 4 | IND/DEM | | - | |
| 5 | IND/DEM | | - | |
| § 24 | § | original text | split/RCV | | |
| 1 | + | 481, 47, 11 |
| 2 | + | 339, 181, 11 |
| § 26 | 9 | PPE-DE | RCV | + | 284, 214, 40 |
| § | original text | | ↓ | |
| after § 28 | 6 | IND/DEM | split | | |
| 1 | - | |
| 2 | ↓ | |
| 7 | IND/DEM | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 4

8

PPE-DE

split

1

+

2

+

after § 5

1

IND/DEM

RCV

-

91, 424, 20

2

IND/DEM

RCV

-

92, 414, 26

3

IND/DEM

RCV

-

102, 412, 12

§ 6

§

original text

+

oral amendment

after § 15

4

IND/DEM

-

5

IND/DEM

-

§ 24

§

original text

split/RCV

1

+

481, 47, 11

2

+

339, 181, 11

§ 26

9

PPE-DE

RCV

+

284, 214, 40

§

original text

↓

after § 28

6

IND/DEM

split

1

-

2

↓

7

IND/DEM

-

vote: resolution (as a whole)

+

Requests for roll-call votes

PPE-DE: § 24 and am 9

IND/DEM: ams 1, 2 and 3

Requests for split votes

PSE

§ 24

1st part:‘Decides to confirm ... EUR 16 million in administrative expenditure’

2nd part:‘until all conditions are fulfilled.’

Verts/ALE

am 6

1st part:‘Instructs ... actual costs’

2nd part:‘or minimum published fares’

am 8

1st part:‘Observes that ... Commission’

2nd part:‘stresses the importance ... full cooperation’

Miscellaneous

Giovanni Pittella (general rapporteur) moved the following oral amendment to § 6:

Welcomes the agreement between Parliament and Council
  on the Commission's Letter of Amendment No 2/2005 and on the revision of the
  financial sub-ceilings of this heading in order to make possible the modulation measures related to CAP reform;

5.   Fisheries control programmes *

Report: Paulo CASACA (A6-0339/2005)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Charging of heavy goods vehicles ***II

Recommendation for second reading: (qualified majority) Corien WORTMANN-KOOL (A6-0377/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 — compromise | 33-42
  44-46
  48-54 | PPE-DE, PSE, ALDE, GUE/NGL, UEN | RCV | + | 489, 34, 16 |
| Block 1 — compromise (separate votes) | 32/rev | PPE-DE, PSE, ALDE GUE/NGL, UEN | split | | |
| 1 | + | |
| 2/RCV | + | 423, 88, 29 |
| 43 | PPE-DE, PSE, ALDE GUE/NGL, UEN | split | | |
| 1 | + | |
| 2 | + | |
| 47 | PPE-DE, PSE, ALDE GUE/NGL, UEN | RCV | + | 411, 76, 51 |
| 55 | PPE-DE, PSE, ALDE GUE/NGL, UEN | split | | |
| 1 | + | |
| 2/RCV | + | 417, 82, 35 |
| Block 2 — amendments by the committee responsible | 1-23
  25-29 | committee | | ↓ | |
| amendments by the committee responsible — separate vote on Block 2 | 24 | committee | | ↓ | |
| art 1, after point 8
  (art 11a) | 31 | Verts/ALE | | - | |
| art 1, point 9
  (Annex II) | 30 | Verts/ALE | split | | |
| 1 | ↓ | |
| 2 | - | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 — compromise

33-42

44-46

48-54

PPE-DE, PSE, ALDE, GUE/NGL, UEN

RCV

+

489, 34, 16

Block 1 — compromise (separate votes)

32/rev

PPE-DE, PSE, ALDE GUE/NGL, UEN

split

1

+

2/RCV

+

423, 88, 29

43

PPE-DE, PSE, ALDE GUE/NGL, UEN

split

1

+

2

+

47

PPE-DE, PSE, ALDE GUE/NGL, UEN

RCV

+

411, 76, 51

55

PPE-DE, PSE, ALDE GUE/NGL, UEN

split

1

+

2/RCV

+

417, 82, 35

Block 2 — amendments by the committee responsible

1-23

25-29

committee

↓

amendments by the committee responsible — separate vote on Block 2

24

committee

↓

art 1, after point 8

(art 11a)

31

Verts/ALE

-

art 1, point 9

(Annex II)

30

Verts/ALE

split

1

↓

2

-

The UEN Group had also signed amendments 33 to 55.

Requests for roll-call votes

PPE-DE: Block 1

Verts/ALE: am 32/rev (2nd part), 47, 55 (2nd part)

Requests for split votes

PPE-DE

am 43

1st part:‘International road transport ... between operators’

2nd part:‘The same requirements ... managing traffic flows’

Verts/ALE

am 30

1st part: Text as a whole without the words ‘In case such a revision of the directive ... minimum of external costs’

2nd part: those words

am 32/rev

1st part:‘(b) Subject to the conditions ... to the vehicle in question.’

2nd part:‘Member States shall be required ... notified to the Commission.’

am 55

1st part:‘2. (a) A Member State may choose ... over 3.5 tonnes].’

2nd part:‘From 2012. (c) A Member State ... revenue generated.’

Miscellaneous

In am 37, * = 5 years, ** = 54 months

7.   Machinery ***II

Recommendation for second reading: (qualified majority) Andreas SCHWAB (A6-0338/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 — compromise | 2
  4-5
  8
  13
  20-23 | committee


  PPE-DE, PSE, ALDE, Verts/ALE | | + | |
| Block 2 — amendments by the committee responsible | 1
  3
  6-7
  9-12
  14-19 | committee | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 — compromise

2

4-5

8

13

20-23

committee

PPE-DE, PSE, ALDE, Verts/ALE

+

Block 2 — amendments by the committee responsible

1

3

6-7

9-12

14-19

committee

↓

8.   Annual and consolidated accounts ***I

Report: Klaus-Heiner LEHNE (A6-0384/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by the committee responsible — block vote | 1-2
  4-8
  10-28 | committee | | + | |
| amendments by the committee responsible — separate vote | 3 | committee | split | | |
| 1 | - | |
| 2 | + | |
| 9 | committee | split | | |
| 1 | + | |
| 2 | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by the committee responsible — block vote

1-2

4-8

10-28

committee

+

amendments by the committee responsible — separate vote

3

committee

split

1

-

2

+

9

committee

split

1

+

2

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for split votes

PPE-DE

am 3

1st part:‘Duty need not automatically entail liability, as’

2nd part:‘liability is based on ... extent of the liability;’

am 9

1st part: Text as a whole without the words ‘and off balance sheet arrangements’

2nd part: those words

9.   The rights of persons with reduced mobility when travelling by air ***I

Report: Robert EVANS (A6-0317/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 — compromise | 48-132 | PSE, PPE-DE, ALDE, Verts/ALE, GUE/NGL | | + | |
| Block 2 — amendments by the committee responsible | 1-47 | committee | | ↓ | |
| vote: amended proposal | RCV | + | 506, 6, 1 |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 — compromise

48-132

PSE, PPE-DE, ALDE, Verts/ALE, GUE/NGL

+

Block 2 — amendments by the committee responsible

1-47

committee

↓

vote: amended proposal

RCV

+

506, 6, 1

vote: legislative resolution

+

Requests for roll-call votes

PSE: amended proposal

10.   Measures for Sugar Protocol countries ***I

Report: Bernard LEHIDEUX (A6-0281/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for a regulation |
| amendments by the committee responsible — block vote | 1-8
  10 | committee | | + | |
| rec 2 | 15 | ALDE | | + | |
| vote: amended proposal | | + | |
| draft legislative resolution |
| after § 1 | 11 | PPE-DE | EV | + | 274, 232, 24 |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for a regulation

amendments by the committee responsible — block vote

1-8

10

committee

+

rec 2

15

ALDE

+

vote: amended proposal

+

draft legislative resolution

after § 1

11

PPE-DE

EV

+

274, 232, 24

vote: legislative resolution

+

Miscellaneous

Amendments 9 and 12 had been withdrawn.

Amendments 13 and 14 had been cancelled.

11.   Protocol to the EEC-Seychelles fishing agreement *

Report: Philippe MORILLON (A6-0385/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by the committee responsible — block vote | 1-6 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by the committee responsible — block vote

1-6

committee

+

vote: amended proposal

+

vote: legislative resolution

+

12.   Common fisheries policy and the Law of the Sea *

Report: Catherine STIHLER (A6-0340/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for a regulation |
| amendments by the committee responsible — block vote | 1-5
  7-8
  10
  14
  16 | committee | | + | |
| amendments by the committee responsible — separate vote | 6 | committee | sep | + | |
| 9 | committee | sep | + | |
| 11 | committee | sep | + | |
| 12 | committee | sep/EV | + | 275, 244, 15 |
| 13 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 15 | committee | sep | + | |
| art 12, after point (e) | 19 | GUE/NGL | RCV | + | 284, 229, 24 |
| after rec 4 | 17 | PSE | | + | |
| vote: amended proposal | | + | |
| draft legislative resolution |
| after § 2 | 18 | GUE/NGL | RCV | - | 101, 423, 9 |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for a regulation

amendments by the committee responsible — block vote

1-5

7-8

10

14

16

committee

+

amendments by the committee responsible — separate vote

6

committee

sep

+

9

committee

sep

+

11

committee

sep

+

12

committee

sep/EV

+

275, 244, 15

13

committee

split

1

+

2

+

15

committee

sep

+

art 12, after point (e)

19

GUE/NGL

RCV

+

284, 229, 24

after rec 4

17

PSE

+

vote: amended proposal

+

draft legislative resolution

after § 2

18

GUE/NGL

RCV

-

101, 423, 9

vote: legislative resolution

+

Requests for roll-call votes

GUE/NGL: ams 18 and 19

Requests for separate votes

PPE-DE: ams 9, 11 and 12

PSE: ams 6, 9, 11, 12, 13

GUE/NGL: ams 12 and 15

Requests for split votes

GUE/NGL

am 13

1st part:‘By 31 December 2009 ... proposal from the Commission’

2nd part:‘It shall specify ... social sustainability’

13.   Macro-financial assistance to Georgia *

Proposal for a decision: (C6-0407/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: legislative proposal | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative proposal

+

14.   Commission legislative and work programme for 2006

Motions for resolutions: B6-0636/2005, 0637/2005, 0638/2005, 0639/2005, 0640/2005 and 0641/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0636/2005




  (PPE-DE, ALDE and UEN) |
| § 4 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 20 | § | original text | split | | |
| 1 | + | |
| 2/EV | - | 38, 479, 12 |
| § 33 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 43 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 53 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| 3 | + | |
| § 56 | | original text | split | | |
| 1 | + | |
| 2/EV | + | 279, 241, 12 |
| vote: resolution (as a whole) | EV | + | 255, 251, 32 |
| motions for resolutions by political groups |
| B6-0636/2005 | | UEN | | ↓ | |
| B6-0637/2005 | | PSE | | ↓ | |
| B6-0638/2005 | | PPE-DE | | ↓ | |
| B6-0639/2005 | | Verts/ALE | | ↓ | |
| B6-0640/2005 | | GUE/NGL | | ↓ | |
| B6-0641/2005 | | ALDE | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0636/2005

(PPE-DE, ALDE and UEN)

§ 4

§

original text

split

1

+

2

+

§ 20

§

original text

split

1

+

2/EV

-

38, 479, 12

§ 33

§

original text

split

1

+

2

+

§ 43

§

original text

split

1

+

2

-

§ 53

§

original text

split

1

+

2

-

3

+

§ 56

original text

split

1

+

2/EV

+

279, 241, 12

vote: resolution (as a whole)

EV

+

255, 251, 32

motions for resolutions by political groups

B6-0636/2005

UEN

↓

B6-0637/2005

PSE

↓

B6-0638/2005

PPE-DE

↓

B6-0639/2005

Verts/ALE

↓

B6-0640/2005

GUE/NGL

↓

B6-0641/2005

ALDE

↓

Requests for split votes

PPE-DE

§ 43

1st part:‘Calls on the Commission to increase ... and patient information’

2nd part:‘and to reconsider ... for prescribed medicines’

UEN

§ 4

1st part:‘Welcomes the Commission's Plan “D” ... coordinated interinstitutional campaign and strategy’

2nd part:‘facilitating the rapid ... than 50 % of the EU population;’

§ 20

1st part: Text as a whole without the words ‘as presented in the Green Paper’

2nd part: those words

ALDE

§ 33

1st part: Text as a whole without the words ‘for a family support ... for children, in order’

2nd part: those words

§ 56

1st part:‘Believes that the process ... already made,’

2nd part:‘but calls on the Commission ... its conclusions to Parliament;’

PPE-DE, ALDE

§ 53

1st part: Text as a whole without the words ‘increasing’ and ‘if necessary’

2nd part:‘if necessary’

3rd part:‘increasing’

15.   Human rights and press freedom in Tunisia

Motions for resolutions: B6-0646/2005, 0647/2005, 0648/2005, 0652/2005, 0655/2005 and 0669/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0646/2005




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN) |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B6-0646/2005 | | PSE | | ↓ | |
| B6-0647/2005 | | Verts/ALE | | ↓ | |
| B6-0648/2005 | | GUE/NGL | | ↓ | |
| B6-0652/2005 | | PPE-DE | | ↓ | |
| B6-0655/2005 | | ALDE | | ↓ | |
| B6-0669/2005 | | UEN | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0646/2005

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN)

vote: resolution (as a whole)

+

motions for resolutions by political groups

B6-0646/2005

PSE

↓

B6-0647/2005

Verts/ALE

↓

B6-0648/2005

GUE/NGL

↓

B6-0652/2005

PPE-DE

↓

B6-0655/2005

ALDE

↓

B6-0669/2005

UEN

↓

Miscellaneous

Catherine Trautmann made a change to paragraph 6, which now reads as follows:

Calls, consequently, on the Council and the Commission to take, in cooperation with Parliament, the tangible initiatives and appropriate measures provided for in this respect, at the imminent meeting of the EU-Tunisia Association Council in order to discuss the human rights situation; points, in this connection, to the initiative on the setting up of an EU-Tunisia Subcommittee on Human Rights within the framework of the Association Agreement;

16.   Promoting and protecting consumers interests in the new Member States

Report: Henrik DAM KRISTENSEN (A6-0378/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | 1 | PPE-DE | EV | - | 245, 287, 8 |
| after § 3 | 2 | PPE-DE | | - | |
| after § 6 | 3 | PPE-DE | | - | |
| § 8 | 4 | PPE-DE | EV | + | 302, 232, 6 |
| § 34 | 5D | PPE-DE | | - | |
| vote: resolution (as a whole) | RCV | + | 512, 22, 10 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

1

PPE-DE

EV

-

245, 287, 8

after § 3

2

PPE-DE

-

after § 6

3

PPE-DE

-

§ 8

4

PPE-DE

EV

+

302, 232, 6

§ 34

5D

PPE-DE

-

vote: resolution (as a whole)

RCV

+

512, 22, 10

Requests for roll-call votes

PPE-DE: final vote

17.   Direct State aid as a tool of regional development

Report: Miloš KOTEREC (A6-0364/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 8=
  34= | Verts/ALE
  GUE/NGL | RCV | + | 280, 255, 9 |
| § 2 | § | original text | sep | + | |
| § 4 | 1D | UEN | | - | |
| § 5 | 9 | Verts/ALE | | - | |
| 22 | PSE | EV | + | 385, 139, 15 |
| § 6 | 10 | Verts/ALE | | + | |
| § | original text | | ↓ | |
| after § 6 | 36 | GUE/NGL | RCV | - | 144, 382, 19 |
| § 7 | 4=
  23= | PPE-DE, PSE | | + | |
| § 8 | 24 | PSE | | + | |
| 35 | GUE/NGL | | ↓ | |
| § 10 | 2D | UEN | | - | |
| 11 | Verts/ALE | EV | - | 242, 288, 11 |
| § 12 | 12 | Verts/ALE | | - | |
| § 14 | 13 | Verts/ALE | RCV | - | 162, 376, 9 |
| 5
  25 | PPE-DE, PSE | | W
  - | |
| 31 | PPE-DE | | + | oral amendment |
| 21 | ALDE | | ↓ | |
| after § 15 | 39 | AYALA SENDER et al | RCV | + | 337, 156, 48 |
| § 17 | 26 | PSE | | + | |
| § 21 | 27 | PSE | | + | |
| § 23 | 14D | Verts/ALE | | - | |
| § 24 | 15D | Verts/ALE | | - | |
| after § 24 | 16 | Verts/ALE | | - | |
| § 29 | 17D | Verts/ALE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 36 | 3D | UEN | EV | - | 215, 289, 33 |
| § 37 | 18 | Verts/ALE | RCV | - | 79, 449, 14 |
| 37 | GUE/NGL | RCV | - | 71, 464, 8 |
| 6=
  28= | PPE-DE, PSE | split | | |
| 1 | + | |
| 2 | + | |
| § | original text | | ↓ | |
| after § 37 | 38 | GUE/NGL | RCV | - | 99, 434, 7 |
| § 38 | 19D=
  29D= | Verts/ALE,
  PSE | | + | |
| § 52 | 30D | PSE | | + | |
| after § 55 | 20 | Verts/ALE | | - | |
| rec A | 32 | GUE/NGL | EV | - | 243, 284, 13 |
| after rec A | 33 | GUE/NGL | RCV | - | 102, 422, 16 |
| after rec K | 7 | Verts/ALE | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

8=

34=

Verts/ALE

GUE/NGL

RCV

+

280, 255, 9

§ 2

§

original text

sep

+

§ 4

1D

UEN

-

§ 5

9

Verts/ALE

-

22

PSE

EV

+

385, 139, 15

§ 6

10

Verts/ALE

+

§

original text

↓

after § 6

36

GUE/NGL

RCV

-

144, 382, 19

§ 7

4=

23=

PPE-DE, PSE

+

§ 8

24

PSE

+

35

GUE/NGL

↓

§ 10

2D

UEN

-

11

Verts/ALE

EV

-

242, 288, 11

§ 12

12

Verts/ALE

-

§ 14

13

Verts/ALE

RCV

-

162, 376, 9

5

25

PPE-DE, PSE

W

-

31

PPE-DE

+

oral amendment

21

ALDE

↓

after § 15

39

AYALA SENDER et al

RCV

+

337, 156, 48

§ 17

26

PSE

+

§ 21

27

PSE

+

§ 23

14D

Verts/ALE

-

§ 24

15D

Verts/ALE

-

after § 24

16

Verts/ALE

-

§ 29

17D

Verts/ALE

-

§

original text

split

1

+

2

+

§ 36

3D

UEN

EV

-

215, 289, 33

§ 37

18

Verts/ALE

RCV

-

79, 449, 14

37

GUE/NGL

RCV

-

71, 464, 8

6=

28=

PPE-DE, PSE

split

1

+

2

+

§

original text

↓

after § 37

38

GUE/NGL

RCV

-

99, 434, 7

§ 38

19D=

29D=

Verts/ALE,

PSE

+

§ 52

30D

PSE

+

after § 55

20

Verts/ALE

-

rec A

32

GUE/NGL

EV

-

243, 284, 13

after rec A

33

GUE/NGL

RCV

-

102, 422, 16

after rec K

7

Verts/ALE

-

vote: resolution (as a whole)

+

Requests for roll-call votes

Verts/ALE: ams 13 and 18

GUE/NGL: ams 8, 34, 33, 36, 37, 38 and 39

Requests for separate votes

ALDE: § 2

Requests for split votes

GUE/NGL

am 6/28

1st part:‘Recognises that ... after its completion;’

2nd part:‘calls for this rule ... technological change;’

Verts/ALE, GUE/NGL

§ 29

1st part:‘welcomes the Commission's intention ... 2007-2013;’

2nd part:‘requests clarification ... the sanctions laid down;’

Miscellaneous

Miloš Koterec (rapporteur) made a technical correction to § 3 and then moved the following oral amendment to amendment 31:

Believes that, on the basis of the principle of fairness, the ceilings of aid intensities applicable
  to all the categories
  set out in Article 87(3)(a) of the Treaty and to the outermost regions should remain the same in the new programming period as in the previous 2000-2006 period;

Welcomes the Commission's intention to apply an additional safety net in order to ensure that no Member State loses more than 50 % of the population coverage during the period 2000-2006, but recommends that the Commission
  modify
  the safety net by lowering the 50 % threshold
  , in order to avoid a significant reduction in the population coverage in the period 2007-2013
  ;

18.   EU Development Policy

Motion for a resolution: B6-0653/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0653/2005




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0653/2005

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

vote: resolution (as a whole)

+

19.   Presumed use of European countries by the CIA for the transportation and illegal detention of prisoners

Motion for a resolution: B6-0649, 0650/2005, 0651/2005, 0654/2005, 0656/2005 and 0672/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| motions for resolutions by political groups |
| B6-0649/2005 | | PPE-DE | | - | |
| joint motion for a resolution RC-B6-0650/2005




  (PSE, ALDE, Verts/ALE and GUE/NGL) |
| after § 1 | 11 | PPE-DE | | - | |
| 12 | PPE-DE | | + | |
| § 5 | 19D | PPE-DE | | - | |
| after § 7 | 5 | UEN | | + | |
| 15 | PPE-DE | | + | |
| § 8 | 1 | PSE, Verts/ALE | EV | - | 231, 279, 8 |
| 6 | UEN | | - | |
| § 9 | 20D | PPE-DE | | - | |
| after § 9 | 7 | UEN | EV | - | 227, 278, 13 |
| Before rec A | 9 | PPE-DE | | + | oral amendment |
| 10 | PPE-DE | | - | |
| rec A | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| after rec A | 2 | UEN | | - | |
| 3 | UEN | | - | |
| 4 | UEN | EV | + | 273, 233, 11 |
| rec C | 16D | PPE-DE | | - | |
| rec D | 17D | PPE-DE | | - | |
| after rec E | 8 | GUE/NGL | | - | |
| rec F | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| after rec G | 13 | PPE-DE | EV | - | 228, 275, 13 |
| after rec I | 14 | PPE-DE | | - | |
| rec K | 18D | PPE-DE | | - | |
| vote: resolution (as a whole) | EV | + | 359, 127, 32 |
| motions for resolutions by political groups |
| B6-0650/2005 | | ALDE | | ↓ | |
| B6-0651/2005 | | PSE | | ↓ | |
| B6-0654/2005 | | Verts/ALE | | ↓ | |
| B6-0656/2005 | | UEN | | ↓ | |
| B6-0672/2005 | | GUE/NGL | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

motions for resolutions by political groups

B6-0649/2005

PPE-DE

-

joint motion for a resolution RC-B6-0650/2005

(PSE, ALDE, Verts/ALE and GUE/NGL)

after § 1

11

PPE-DE

-

12

PPE-DE

+

§ 5

19D

PPE-DE

-

after § 7

5

UEN

+

15

PPE-DE

+

§ 8

1

PSE, Verts/ALE

EV

-

231, 279, 8

6

UEN

-

§ 9

20D

PPE-DE

-

after § 9

7

UEN

EV

-

227, 278, 13

Before rec A

9

PPE-DE

+

oral amendment

10

PPE-DE

-

rec A

§

original text

split

1

+

2

+

after rec A

2

UEN

-

3

UEN

-

4

UEN

EV

+

273, 233, 11

rec C

16D

PPE-DE

-

rec D

17D

PPE-DE

-

after rec E

8

GUE/NGL

-

rec F

§

original text

split

1

+

2

-

after rec G

13

PPE-DE

EV

-

228, 275, 13

after rec I

14

PPE-DE

-

rec K

18D

PPE-DE

-

vote: resolution (as a whole)

EV

+

359, 127, 32

motions for resolutions by political groups

B6-0650/2005

ALDE

↓

B6-0651/2005

PSE

↓

B6-0654/2005

Verts/ALE

↓

B6-0656/2005

UEN

↓

B6-0672/2005

GUE/NGL

↓

Requests for split votes

PPE-DE

rec A

1st part:‘Whereas on 2 November ... 11 September 2001 attacks’

2nd part:‘and operating outside ... requirements’

rec F

1st part: Text as a whole without the words ‘pertaining to NATO military bases’

2nd part: those words

Miscellaneous

Sarah Ludford, on behalf of the ALDE Group, moved an oral amendment for amendment 9 to replace ‘the greatest’ by ‘one of the greatest’.

20.   Bulgaria

Report: Geoffrey VAN ORDEN (A6-0342/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 4 | 9D | ALDE | | - | |
| § 5 | 1 | GUE/NGL | | - | |
| § 7 | 12 | Verts/ALE,
  Moscovici | | + | |
| § 8 | 2 | GUE/NGL | EV | - | 206, 286, 13 |
| § 12 | 3 | GUE/NGL | | - | |
| after § 17 | 7 | GUE/NGL | EV | - | 219, 269, 11 |
| § 19 | 13 | Verts/ALE | | + | |
| 10 | ALDE | | W | |
| 16 | PPE-DE | | ↓ | |
| after § 21 | 4 | GUE/NGL | | - | |
| 5 | GUE/NGL | | - | |
| § 24 | 14 | Verts/ALE | | - | |
| § 29 | 15 | Verts/ALE | RCV | + | 241, 239, 17 |
| 11 | Dimitrakopoulos et al | | + | |
| after § 32 | 6 | GUE/NGL | | - | |
| rec C | 8 | ALDE | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 4

9D

ALDE

-

§ 5

1

GUE/NGL

-

§ 7

12

Verts/ALE,

Moscovici

+

§ 8

2

GUE/NGL

EV

-

206, 286, 13

§ 12

3

GUE/NGL

-

after § 17

7

GUE/NGL

EV

-

219, 269, 11

§ 19

13

Verts/ALE

+

10

ALDE

W

16

PPE-DE

↓

after § 21

4

GUE/NGL

-

5

GUE/NGL

-

§ 24

14

Verts/ALE

-

§ 29

15

Verts/ALE

RCV

+

241, 239, 17

11

Dimitrakopoulos et al

+

after § 32

6

GUE/NGL

-

rec C

8

ALDE

-

vote: resolution (as a whole)

+

Request for roll-call votes

Verts/ALE: am 15

21.   Romania

Report: Pierre MOSCOVICI (A6-0344/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 1 | GUE/NGL | | - | |
| § 3 | 8 | Verts/ALE,
  Moscovici | | + | |
| § 4 | 3 | ALDE | | + | |
| after § 15 | 9 | Verts/ALE | | + | |
| § 16 | 10 | Verts/ALE | | W | |
| after § 16 | 11 | Verts/ALE | | - | |
| after § 17 | 4 | ALDE | EV | + | 256, 223, 10 |
| § 21 | 14 | PSE | | + | oral amendment |
| 12 | Verts/ALE | | W | |
| 5 | ALDE | | ↓ | |
| after § 22 | 2 | GUE/NGL | | - | |
| § 23 | 6D | ALDE | | + | |
| after § 23 | 13 | PSE | | - | |
| § 26 | 15 | PSE | | - | |
| 7 | ALDE | EV | + | 247, 224, 12 |
| after § 26 | 16 | Verts/ALE | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

1

GUE/NGL

-

§ 3

8

Verts/ALE,

Moscovici

+

§ 4

3

ALDE

+

after § 15

9

Verts/ALE

+

§ 16

10

Verts/ALE

W

after § 16

11

Verts/ALE

-

after § 17

4

ALDE

EV

+

256, 223, 10

§ 21

14

PSE

+

oral amendment

12

Verts/ALE

W

5

ALDE

↓

after § 22

2

GUE/NGL

-

§ 23

6D

ALDE

+

after § 23

13

PSE

-

§ 26

15

PSE

-

7

ALDE

EV

+

247, 224, 12

after § 26

16

Verts/ALE

-

vote: resolution (as a whole)

+

Miscellaneous

Jan Marinus Wiersma moved the following oral amendment to amendment 14:

Notes with satisfaction
  the
  (deletion)
  improvements made by Romanian authorities in the area of the protection of children
  and urges the Romanian Government to settle the cases of applications for international adoption made during the moratorium of June 2001, ensuring that all cases are examined in the light of the UN Convention on the Rights of the Child and the Romanian Law on the Legal Status of Adoption, with the goal of allowing inter-country adoptions to take place, where justified and appropriate, in those special cases
  ;

Erik Meijer moved an oral amendment for amendment 2 to read as follows:

22a. Welcomes the promise of the Commission to look into the issue of allegations of the existence of secret detention centres set up by the CIA in certain countries of eastern Europe and not only to seek statements from the governments in question; condemns these practices and expresses its great concern over the fate of an unknown number of people detained; expects all Member States and candidate countries to fully implement the obligations deriving from the European Convention on Human Rights and the International Convention Against Torture to which they are signatories;

22.   Women's networks

Report: Elspeth ATTWOOLL (A6-0341/2005)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: resolution (as a whole) | RCV | + | 365, 8, 13 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: resolution (as a whole)

RCV

+

365, 8, 13

Requests for roll-call votes

PPE-DE: final vote

23.   Human rights situation in Tibet and Hong Kong

Motions for resolutions: B6-0644/2005, 0657/2005, 0660/2005, 0664/2005 and 0667/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0644/2005




  (PPE-DE, PSE, ALDE, Verts/ALE and UEN) |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B6-0644/2005 | | PSE | | ↓ | |
| B6-0657/2005 | | Verts/ALE | | ↓ | |
| B6-0660/2005 | | ALDE | | ↓ | |
| B6-0664/2005 | | UEN | | ↓ | |
| B6-0667/2005 | | PPE-DE | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0644/2005

(PPE-DE, PSE, ALDE, Verts/ALE and UEN)

vote: resolution (as a whole)

+

motions for resolutions by political groups

B6-0644/2005

PSE

↓

B6-0657/2005

Verts/ALE

↓

B6-0660/2005

ALDE

↓

B6-0664/2005

UEN

↓

B6-0667/2005

PPE-DE

↓

24.   Human rights in Russia

Motions for resolutions: B6-0645/2005, 0658/2005, 0661/2005, 0662/2005, 0665/2005 and 0668/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0645/2005




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN) |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B6-0645/2005 | | PSE | | ↓ | |
| B6-0658/2005 | | Verts/ALE | | ↓ | |
| B6-0661/2005 | | ALDE | | ↓ | |
| B6-0662/2005 | | GUE/NGL | | ↓ | |
| B6-0665/2005 | | UEN | | ↓ | |
| B6-0668/2005 | | PPE-DE | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0645/2005

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN)

vote: resolution (as a whole)

+

motions for resolutions by political groups

B6-0645/2005

PSE

↓

B6-0658/2005

Verts/ALE

↓

B6-0661/2005

ALDE

↓

B6-0662/2005

GUE/NGL

↓

B6-0665/2005

UEN

↓

B6-0668/2005

PPE-DE

↓

25.   Ethiopia and new border conflicts

Motions for resolutions: B6-0643/2005, 0659/2005, 0663/2005, 0666/2005, 0670/2005 and 0671/2005

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC-B6-0643/2005




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN) |
| vote: resolution (as a whole) | RCV | + | 93, 0, 1 |
| motions for resolutions by political groups |
| B6-0643/2005 | | PSE | | ↓ | |
| B6-0659/2005 | | Verts/ALE | | ↓ | |
| B6-0663/2005 | | GUE/NGL | | ↓ | |
| B6-0666/2005 | | UEN | | ↓ | |
| B6-0670/2005 | | PPE-DE | | ↓ | |
| B6-0671/2005 | | ALDE | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC-B6-0643/2005

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN)

vote: resolution (as a whole)

RCV

+

93, 0, 1

motions for resolutions by political groups

B6-0643/2005

PSE

↓

B6-0659/2005

Verts/ALE

↓

B6-0663/2005

GUE/NGL

↓

B6-0666/2005

UEN

↓

B6-0670/2005

PPE-DE

↓

B6-0671/2005

ALDE

↓

Requests for roll-call votes

PPE-DE: final vote

Miscellaneous

Marios Matsakis of the ALDE Group had also signed the joint motion for a resolution.

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   B6-0642/2005 — Rejection of 2006 budget

Resolution

For: 32

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Grabowski, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Chruszcz, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

UEN: Camre

Against: 472

ALDE: Andrejevs, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Flasarová, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Musacchio, Pflüger, Portas, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Lundgren, Wohlin

NI: Baco, Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Kozlík, Masiel, Rivera

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Casa, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański

Verts/ALE: Auken, Beer, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Joan i Marí, Jonckheer, Kallenbach, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Abstention: 10

GUE/NGL: Figueiredo, Guerreiro, Pafilis, Rizzo

IND/DEM: Goudin

NI: Czarnecki Ryszard, Rutowicz

PPE-DE: Callanan, Hoppenstedt, Kamall

Corrections to votes

For:
  Gerard Batten

Against:
  Rainer Wieland

2.   2006 Draft general budget

Amendment 198/1

For: 467

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

NI: Baco, Battilocchio, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Kozlík, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Castiglione, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Against: 63

ALDE: Malmström

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Bobošíková, Gollnisch, Helmer, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Deva, Dover, Duchoň, Elles, Fajmon, Harbour, Hökmark, Ibrisagic, Kamall, Kirkhope, McMillan-Scott, Nicholson, Parish, Purvis, Sonik, Stevenson, Tannock, Van Orden, Vlasák, Wijkman, Zahradil, Zvěřina

Verts/ALE: Schlyter

Abstention: 4

NI: Belohorská, Claeys

UEN: Camre

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

3.   2006 Draft general budget

Amendment 1

For: 430

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Väyrynen, Virrankoski, Wallis

GUE/NGL: Kaufmann

NI: Baco, Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Kozlík, Masiel, Mussolini, Rivera

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Castiglione, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, La Russa, Muscardini, Podkański, Poli Bortone, Ryan, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Staes, Trüpel, Turmes, Ždanoka

Against: 96

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Deva, Dover, Duchoň, Elles, Fajmon, Harbour, Hökmark, Ibrisagic, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Seeberg, Stevenson, Tannock, Van Orden, Zahradil, Zvěřina

PSE: Andersson, Hedh, Hedkvist Petersen, Segelström, Westlund

Verts/ALE: Schlyter, Smith

Abstention: 12

NI: Rutowicz

UEN: Camre, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Pavilionis, Roszkowski, Szymański

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

4.   2006 Draft general budget

Amendment 197

For: 448

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meyer Pleite, Morgantini, Musacchio, Pafilis, Portas, Remek, Rizzo, Seppänen, Strož, Triantaphyllides, Verges, Wurtz

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Baco, Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, De Michelis, Kozlík, Martin Hans-Peter, Masiel, Mussolini, Rivera

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Castiglione, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Langen, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Poli Bortone, Ryan, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Against: 69

ALDE: Malmström

GUE/NGL: Meijer, Svensson

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Lundgren, Nattrass, Speroni, Whittaker, Wise, Wohlin, Železný

NI: Allister, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Mote, Romagnoli, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Deß, Deva, Dover, Duchoň, Fajmon, Gewalt, Gräßle, Harbour, Kamall, Kirkhope, Lechner, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Reul, Seeberg, Stevenson, Tannock, Van Orden, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: Andersson, Hedh, Hedkvist Petersen, Segelström, Westlund

UEN: La Russa, Podkański

Abstention: 16

NI: Czarnecki Ryszard, Rutowicz

PPE-DE: Landsbergis, Schwab

UEN: Camre, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Pavilionis, Roszkowski, Szymański

Verts/ALE: van Buitenen, Schlyter

Corrections to votes

For:
  José Ribeiro e Castro

Against:
  Charlotte Cederschiöld, Gunnar Hökmark

5.   2006 Draft general budget

Amendment 203

For: 430

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Busk, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Kaufmann

NI: Baco, Battilocchio, Belohorská, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Kozlík, Masiel, Mussolini, Rivera, Rutowicz

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, La Russa, Muscardini, Poli Bortone, Ryan, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 90

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Chichester, Deva, Dover, Duchoň, Fajmon, Harbour, Hökmark, Hybášková, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Stevenson, Tannock, Van Orden, Zahradil, Zvěřina

PSE: Hedh

UEN: Camre, Krasts

Verts/ALE: Schlyter

Abstention: 13

PPE-DE: Reul, Záborská

UEN: Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Pavilionis, Podkański, Roszkowski, Szymański

Verts/ALE: van Buitenen, Smith

Corrections to votes

For:
  José Ribeiro e Castro, Charlotte Cederschiöld, Gunnar Hökmark, Dan Jørgensen

6.   2006 Draft general budget

Amendment 206

For: 437

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cocilovo, Cornillet, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Kułakowski, Laperrouze, Lehideux, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

NI: Belohorská, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Casa, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 72

GUE/NGL: Adamou, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, McDonald, Meijer, Meyer Pleite, Morgantini, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Batten, Belder, Blokland, Bonde, Borghezio, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Wohlin, Zapałowski

NI: Allister, Bobošíková, Claeys, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli, Schenardi

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Duchoň, Fajmon, Harbour, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Stevenson, Tannock, Van Orden, Zahradil, Zvěřina

UEN: Camre

Abstention: 14

GUE/NGL: Catania, Guidoni, Kaufmann, Musacchio, Verges, Wurtz

IND/DEM: Bloom, Clark, Nattrass, Whittaker, Wise, Železný

Verts/ALE: van Buitenen, Schlyter

Corrections to votes

For:
  José Ribeiro e Castro

7.   2006 Draft general budget

Amendment 60

For: 456

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Musacchio, Remek, Rizzo, Strož, Triantaphyllides, Verges, Wurtz

NI: Battilocchio, Belohorská, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Kozlík, Masiel, Mussolini, Rivera, Rutowicz

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gewalt, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 67

GUE/NGL: Meijer, Meyer Pleite, Pflüger, Seppänen, Svensson, Wagenknecht

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Duchoň, Fajmon, Harbour, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Stevenson, Tannock, Van Orden, Zahradil, Zvěřina

PSE: Roure

UEN: Camre

Abstention: 7

GUE/NGL: de Brún, McDonald, Morgantini, Pafilis, Portas

PSE: Ford

Verts/ALE: van Buitenen

8.   Pittella/Dombrovskis report A6-0396/2005

Amendment 1

For: 91

ALDE: Klinz, Krahmer, Malmström, Matsakis, Ortuondo Larrea, Polfer, Resetarits

GUE/NGL: de Brún, Figueiredo, Kaufmann, McDonald, Meijer, Meyer Pleite, Pflüger, Seppänen, Svensson, Wagenknecht

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Chruszcz, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Belet, Cederschiöld, Doyle, Hökmark, Ibrisagic, Járóka, Wijkman

PSE: Andersson, Berman, Bozkurt, Christensen, Hedkvist Petersen, Jørgensen, Rasmussen, Riera Madurell, Segelström, Westlund

UEN: Camre

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 424

ALDE: Andrejevs, Andria, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Maaten, Manders, Mulder, Newton Dunn, Pannella, Procacci, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Pafilis, Strož

NI: Allister, Battilocchio, Belohorská, Bobošíková, Czarnecki Marek Aleksander, De Michelis, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Masiel, Mote, Mussolini, Rivera, Romagnoli, Schenardi

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Castiglione, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Bösch, Bono, Bourzai, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Abstention: 20

GUE/NGL: Adamou, Catania, Flasarová, Guerreiro, Guidoni, Henin, Morgantini, Musacchio, Portas, Remek, Rizzo, Triantaphyllides, Verges, Wurtz

NI: Claeys, Czarnecki Ryszard, Kozlík, Rutowicz

UEN: Pavilionis

Verts/ALE: van Buitenen

Corrections to votes

For:
  Britta Thomsen, Pedro Guerreiro, Anna Hedh

Against:
  Avril Doyle, Emine Bozkurt, Lívia Járóka, José Ribeiro e Castro

9.   Pittella/Dombrovskis report A6-0396/2005

Amendment 2

For: 92

ALDE: Klinz, Krahmer, Lambsdorff, Malmström, Matsakis, Ortuondo Larrea, Resetarits, Samuelsen

GUE/NGL: Figueiredo, Kaufmann, Meijer, Morgantini, Musacchio, Pflüger, Seppänen, Svensson, Wagenknecht

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Martin Hans-Peter

PPE-DE: Atkins, Callanan, Cederschiöld, Hökmark, Ibrisagic, Járóka, Seeberg, Wijkman, Wuermeling

PSE: Andersson, Berès, van den Burg, Christensen, Corbey, Hedkvist Petersen, Jørgensen, Mastenbroek, Pahor, Rasmussen, Riera Madurell, Segelström, Westlund

UEN: Camre

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 414

ALDE: Andrejevs, Andria, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Harkin, in 't Veld, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Mulder, Newton Dunn, Pannella, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Pafilis, Strož

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Masiel, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Casa, Castiglione, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Napoletano, Navarro, Paasilinna, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella

Abstention: 26

ALDE: Hall, Manders

GUE/NGL: Adamou, Catania, de Brún, Flasarová, Guerreiro, Guidoni, Henin, McDonald, Meyer Pleite, Portas, Remek, Rizzo, Triantaphyllides, Verges, Wurtz

IND/DEM: Borghezio

NI: Claeys, Czarnecki Ryszard, Kozlík, Rutowicz

PSE: Leichtfried

UEN: Krasts, Pavilionis

Verts/ALE: van Buitenen

Corrections to votes

For:
  Pedro Guerreiro, Anna Hedh, Britta Thomsen

Against:
  Lívia Járóka, José Ribeiro e Castro

10.   Pittella/Dombrovskis report A6-0396/2005

Amendment 3

For: 102

ALDE: Cornillet, Klinz, Krahmer, Lambsdorff, Maaten, Malmström, Matsakis, Ortuondo Larrea, Resetarits, Samuelsen, Szent-Iványi, Väyrynen

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise, Wohlin, Železný

NI: Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Romagnoli, Schenardi

PPE-DE: Seeberg, Wijkman

PSE: Andersson, Berman, Bozkurt, van den Burg, Corbey, Hedkvist Petersen, Mastenbroek, Paasilinna, Riera Madurell, Segelström, Westlund

UEN: Camre

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 412

ALDE: Andrejevs, Andria, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lehideux, Mulder, Newton Dunn, Pannella, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Takkula, Virrankoski, Wallis

GUE/NGL: Pafilis

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Giertych, Helmer, Masiel, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Beglitis, Berès, Berger, Bösch, Bono, Bourzai, Bullmann, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Napoletano, Navarro, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Podkański, Poli Bortone, Ryan, Tatarella, Zīle

Abstention: 12

ALDE: Manders

IND/DEM: Borghezio, Speroni

NI: Czarnecki Ryszard, Kozlík, Rutowicz

PSE: Gruber, Hedh, Leichtfried

UEN: Krasts, Pavilionis

Verts/ALE: van Buitenen

Corrections to votes

For:
  Anna Hedh

Against:
  José Ribeiro e Castro

11.   Pittella/Dombrovskis report A6-0396/2005

Paragraph 24/1

For: 481

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Borghezio, Speroni

NI: Battilocchio, Belohorská, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Kozlík, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Casa, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 47

IND/DEM: Batten, Bonde, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Bobošíková, Helmer, Martin Hans-Peter, Mote

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Callanan, Chichester, Deva, Dover, Duchoň, Fajmon, Harbour, Hökmark, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Tannock, Van Orden, Ventre, Zahradil, Zvěřina

UEN: Camre

Abstention: 11

IND/DEM: Belder, Blokland

NI: Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Romagnoli, Schenardi

PPE-DE: Stevenson

UEN: Libicki

Verts/ALE: van Buitenen

Corrections to votes

For:
  Gunnar Hökmark, José Ribeiro e Castro

12.   Pittella/Dombrovskis report A6-0396/2005

Paragraph 24/2

For: 339

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Guardans Cambó, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

NI: Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Martin Hans-Peter, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Castiglione, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Bullmann, Glante, Pahor, Vincenzi

UEN: Aylward, Berlato, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 181

GUE/NGL: Pafilis

IND/DEM: Batten, Bonde, Borghezio, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Wohlin, Zapałowski, Železný

NI: Allister, Battilocchio, De Michelis, Mote

PPE-DE: Cederschiöld, Hökmark, Ibrisagic

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Zani

UEN: Camre

Abstention: 11

IND/DEM: Belder, Blokland

NI: Belohorská, Claeys, Gollnisch, Kozlík, Lang, Le Pen Jean-Marie, Romagnoli, Schenardi

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

13.   Pittella/Dombrovskis report A6-0396/2005

Amendment 9

For: 284

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Kaufmann

IND/DEM: Belder, Blokland

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Masiel, Mussolini

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Casa, Castiglione, del Castillo Vera, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

UEN: Aylward, Berlato, Crowley, Foltyn-Kubicka, Janowski, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 214

ALDE: Malmström

GUE/NGL: Pafilis, Strož

IND/DEM: Batten, Bonde, Borghezio, Clark, Goudin, Lundgren, Nattrass, Speroni, Whittaker, Wise, Wohlin, Železný

NI: Allister, Battilocchio, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mote, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Callanan, Cederschiöld, Chichester, Deva, Dover, Duchoň, Harbour, Hökmark, Ibrisagic, Kamall, Kirkhope, McMillan-Scott, Nicholson, Parish, Purvis, Stevenson, Tannock, Van Orden, Wijkman, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Camre

Verts/ALE: Schlyter

Abstention: 40

ALDE: Klinz, Krahmer

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Baco, Kozlík, Rivera, Rutowicz

PPE-DE: Ventre

UEN: Krasts, Kristovskis

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

Against:
  Åsa Westlund, Dan Jørgensen

14.   Wortmann-Kool report A6-0377/2005 — Block 1

For: 489

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Borghezio, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Wohlin, Zapałowski, Železný

NI: Battilocchio, Belohorská, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Masiel, Mussolini, Rivera, Romagnoli, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Florenz, Fontaine, Freitas, Gahler, Gál, Gaľa, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Gyürk, Handzlik, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mitchell, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 34

IND/DEM: Batten, Clark, Nattrass, Whittaker, Wise

NI: Allister, Helmer, Mote

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Fajmon, Harbour, Herranz García, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Stevenson, Tannock, Van Orden, Zahradil, Zvěřina

Abstention: 16

IND/DEM: Bonde

NI: Baco, Bobošíková, Kozlík

PPE-DE: Ayuso González, Díaz de Mera García Consuegra, Fernández Martín, Fraga Estévez, Galeote Quecedo, de Grandes Pascual, Iturgaiz Angulo, Mato Adrover, Millán Mon, Montoro Romero, Salafranca Sánchez-Neyra

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

15.   Wortmann-Kool report A6-0377/2005

Amendment 32/rev/2

For: 423

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Seppänen

IND/DEM: Belder, Blokland, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Tomczak, Wohlin, Zapałowski

NI: Battilocchio, Belohorská, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Masiel, Mussolini, Rivera, Romagnoli, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Florenz, Fontaine, Freitas, Gahler, Gál, Gaľa, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Gyürk, Handzlik, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mitchell, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Tatarella, Zīle

Against: 88

ALDE: Resetarits

GUE/NGL: Meijer, Strož

IND/DEM: Batten, Bonde, Clark, Nattrass, Whittaker, Wise, Železný

NI: Allister, Helmer, Martin Hans-Peter, Mote

PPE-DE: Ashworth, Atkins, Ayuso González, Bowis, Bradbourn, Bushill-Matthews, Callanan, del Castillo Vera, Chichester, Deva, Díaz de Mera García Consuegra, Dover, Duchoň, Elles, Fajmon, Fernández Martín, Fraga Estévez, Galeote Quecedo, de Grandes Pascual, Gutiérrez-Cortines, Harbour, Herranz García, Iturgaiz Angulo, Kamall, Kirkhope, McMillan-Scott, Mato Adrover, Millán Mon, Montoro Romero, Nicholson, Ouzký, Parish, Purvis, Rudi Ubeda, Salafranca Sánchez-Neyra, Stevenson, Tannock, Van Orden, Vidal-Quadras Roca, Vlasák, Zahradil, Zvěřina

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 29

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Borghezio, Speroni

NI: Baco, Bobošíková, Kozlík

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

Against:
  Jaime Mayor Oreja, Claude Turmes

16.   Wortmann-Kool report A6-0377/2005

Amendment 47

For: 411

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Seppänen

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Battilocchio, Belohorská, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Florenz, Fontaine, Freitas, Gahler, Gál, Gaľa, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mitchell, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Against: 76

ALDE: Resetarits

GUE/NGL: Meijer, Strož

IND/DEM: Batten, Bonde, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise, Wohlin, Železný

NI: Allister, Helmer, Martin Hans-Peter, Mote

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, del Castillo Vera, Chichester, Deva, Dover, Duchoň, Elles, Fajmon, Harbour, Kamall, Kirkhope, McMillan-Scott, Nicholson, Ouzký, Parish, Purvis, Stevenson, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 51

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Borghezio, Speroni

NI: Baco, Bobošíková, Claeys, Gollnisch, Kozlík, Lang, Le Pen Jean-Marie, Romagnoli, Schenardi

PPE-DE: Ayuso González, Díaz de Mera García Consuegra, Fernández Martín, Fraga Estévez, Galeote Quecedo, Garriga Polledo, de Grandes Pascual, Herranz García, Iturgaiz Angulo, Mato Adrover, Millán Mon, Montoro Romero, Panayotopoulos-Cassiotou, Rudi Ubeda, Salafranca Sánchez-Neyra, Vidal-Quadras Roca

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

Against:
  Claude Turmes

Abstention:
  Jaime Mayor Oreja

17.   Wortmann-Kool report A6-0377/2005

Amendment 55/2

For: 417

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Seppänen

IND/DEM: Belder, Blokland, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Tomczak, Wohlin, Zapałowski

NI: Battilocchio, Belohorská, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Masiel, Mussolini, Rivera, Romagnoli, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Florenz, Fontaine, Freitas, Gahler, Gál, Gaľa, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Gyürk, Handzlik, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Liese, Lulling, Maat, Mann Thomas, Marques, Mathieu, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mitchell, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Panayotopoulos-Cassiotou, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Rack, Radwan, Reul, Roithová, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Against: 82

ALDE: Resetarits

GUE/NGL: Meijer, Strož

IND/DEM: Bonde, Železný

NI: Allister, Bobošíková, Helmer, Martin Hans-Peter, Mote

PPE-DE: Ashworth, Atkins, Ayuso González, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Díaz de Mera García Consuegra, Dover, Duchoň, Elles, Fajmon, Fernández Martín, Fraga Estévez, Galeote Quecedo, Garriga Polledo, de Grandes Pascual, Harbour, Herranz García, Iturgaiz Angulo, Kamall, Kirkhope, McGuinness, McMillan-Scott, Mato Adrover, Millán Mon, Montoro Romero, Nicholson, Ouzký, Parish, Purvis, Rudi Ubeda, Stevenson, Tannock, Van Orden, Vidal-Quadras Roca, Vlasák, Zahradil, Zvěřina

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 35

GUE/NGL: Adamou, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, McDonald, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Svensson, Triantaphyllides, Verges, Wagenknecht, Wurtz

IND/DEM: Batten, Borghezio, Clark, Nattrass, Speroni, Whittaker, Wise

NI: Baco, Kozlík

PPE-DE: Gutiérrez-Cortines, Salafranca Sánchez-Neyra

Verts/ALE: van Buitenen

Corrections to votes

For:
  José Ribeiro e Castro

Against:
  Claude Turmes, Jaime Mayor Oreja

18.   Evans report A6-0317/2005

Commission proposal

For: 506

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Duff, Duquesne, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Wallis

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Bonde, Borghezio, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Wohlin, Zapałowski, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Gollnisch, Helmer, Kozlík, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Masiel, Mussolini, Rivera, Romagnoli, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Langen, Lehne, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Trakatellis, Ulmer, Van Orden, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Foglietta, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella

Verts/ALE: Auken, Beer, Bennahmias, Breyer, van Buitenen, Buitenweg, Cramer, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 6

IND/DEM: Batten, Clark, Nattrass, Whittaker, Wise

NI: Mote

Abstention: 1

UEN: Camre

Corrections to votes

For:
  Elizabeth Lynne, Brian Crowley, Christine De Veyrac, Mogens N.J. Camre, Claude Moraes

19.   Stihler report A6-0340/2005

Amendment 19

For: 284

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Verges, Wagenknecht, Wurtz

NI: Battilocchio, Chruszcz, Claeys, De Michelis, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Masiel, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Camre

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 229

IND/DEM: Batten, Belder, Blokland, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise, Wohlin, Železný

NI: Allister, Bobošíková, Czarnecki Ryszard, Helmer, Mote

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Walter, Weber Henri

UEN: Angelilli, Aylward, Berlato, Crowley, Foglietta, Krasts, Kuźmiuk, La Russa, Muscardini, Pavilionis, Podkański, Poli Bortone, Ryan, Tatarella, Zīle

Abstention: 24

GUE/NGL: Svensson

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

NI: Baco, Belohorská, Czarnecki Marek Aleksander, Kozlík, Rivera, Rutowicz

PPE-DE: Freitas

PSE: D'Alema

UEN: Janowski, Libicki, Roszkowski, Szymański

Verts/ALE: van Buitenen

20.   Stihler report A6-0340/2005

Amendment 18

For: 101

ALDE: Lambsdorff, Samuelsen

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Strož, Verges, Wagenknecht, Wurtz

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Belohorská, Chruszcz, Claeys, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PSE: Ayala Sender, Badia I Cutchet, Calabuig Rull, Carnero González, Cercas, D'Alema, Díez González, Dührkop Dührkop, García Pérez, Martínez Martínez, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Pleguezuelos Aguilar, Riera Madurell, Salinas García, Sánchez Presedo, Sornosa Martínez, Valenciano Martínez-Orozco, Yañez-Barnuevo García, Zani

UEN: Tatarella

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

Against: 423

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Svensson

IND/DEM: Batten, Belder, Blokland, Borghezio, Clark, Goudin, Lundgren, Nattrass, Speroni, Whittaker, Wise, Wohlin, Železný

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

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Carlotti, Casaca, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, De Vits, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ford, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mastenbroek, Matsouka, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Foglietta, Janowski, Krasts, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański

Abstention: 9

GUE/NGL: Seppänen

NI: Baco, Kozlík, Rutowicz

PPE-DE: Freitas

PSE: Castex, Ferreira Elisa, Hasse Ferreira

Verts/ALE: van Buitenen

21.   Kristensen report A6-0378/2005

Resolution

For: 512

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Bonde, Speroni, Železný

NI: Baco, Battilocchio, Belohorská, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Kozlík, Martin Hans-Peter, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Gomes, Grabowska, Grech, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Trautmann, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

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

Against: 22

IND/DEM: Batten, Belder, Blokland, Clark, Goudin, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Wise, Wohlin, Zapałowski

NI: Allister, Bobošíková, Mote

PPE-DE: Hökmark, Ibrisagic

Abstention: 10

GUE/NGL: Pafilis

IND/DEM: Borghezio

NI: Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Romagnoli, Schenardi

PPE-DE: Konrad

Verts/ALE: van Buitenen

Corrections to votes

Against:
  Charlotte Cederschiöld

22.   Koterec report A6-0364/2005

Amendments 8 + 34

For: 280

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Bonde, Borghezio, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Wohlin, Zapałowski, Železný

NI: Baco, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Gollnisch, Helmer, Kozlík, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Masiel, Mussolini, Romagnoli, Schenardi

PPE-DE: Andrikienė, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klaß, Klich, Koch, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Lechner, Lehne, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Piskorski, Podestà, Posdorf, Posselt, Protasiewicz, Rack, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Van Orden, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: De Keyser, Grech, Hutchinson, Muscat, Myller, Scheele, Tarabella, Van Lancker

UEN: Angelilli, Berlato, Bielan, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Szymański, Tatarella, Zīle

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

Against: 255

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

NI: Allister, Battilocchio, Chruszcz, De Michelis, Giertych, Mote, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Ayuso González, Bowis, Bushill-Matthews, Callanan, Chichester, Deß, Deva, Dover, Ebner, Ehler, Elles, Gräßle, Harbour, Kamall, Kirkhope, Klamt, Konrad, Langen, Liese, Mayer, Nicholson, Parish, Pieper, Purvis, Radwan, Reul, Stevenson, Tannock, Ulmer, Weber Manfred, Weisgerber, Wijkman

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Aylward, Camre, Crowley, Ryan

Abstention: 9

ALDE: Samuelsen

IND/DEM: Batten, Clark, Nattrass, Whittaker, Wise

NI: Rutowicz

PPE-DE: Pleštinská

Verts/ALE: van Buitenen

Corrections to votes

For:
  María del Pilar Ayuso González

23.   Koterec report A6-0364/2005

Amendment 36

For: 144

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Budreikaitė, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, Laperrouze, Lehideux, Mulder, Newton Dunn, Ortuondo Larrea, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Szent-Iványi, Takkula, Virrankoski, Wallis

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Bonde, Lundgren, Wohlin

NI: Allister, Baco, Belohorská, Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mussolini, Romagnoli, Schenardi

PPE-DE: Ashworth, Atkins, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Harbour, Kamall, Kirkhope, Nicholson, Parish, Purvis, Stevenson, Tannock, Van Orden

PSE: Arif, Berès, Bono, Bourzai, Cottigny, D'Alema, De Keyser, Douay, Hamon, Hutchinson, Kuc, Laignel, Muscat, Poignant, Reynaud, Roure, Tarabella, Trautmann, Vaugrenard

UEN: Aylward, Camre, Crowley, Ryan

Verts/ALE: Auken, Beer, Breyer, Buitenweg, Cohn-Bendit, Cramer, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 382

ALDE: Bourlanges, Busk, Duff, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Ludford, Lynne, Maaten, Malmström, Manders, Oviir, Pannella, Polfer, Sterckx, Väyrynen

IND/DEM: Batten, Belder, Blokland, Clark, Grabowski, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Battilocchio, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mote, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Pieper, Piskorski, Podestà, Posdorf, Posselt, Protasiewicz, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stubb, Sudre, Surján, Szájer, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berger, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, De Rossa, De Vits, Díez González, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Bielan, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Podkański, Roszkowski, Szymański, Zīle

Abstention: 19

ALDE: Cavada, Duquesne, Matsakis, Samuelsen

IND/DEM: Borghezio, Goudin, Speroni

NI: Kozlík

PPE-DE: Bowis, Langen, Pleštinská

PSE: Grech, Scheele

UEN: Berlato, Muscardini, Pavilionis, Poli Bortone, Tatarella

Verts/ALE: van Buitenen

Corrections to votes

For:
  Elizabeth Lynne, Marielle De Sarnez, Bernadette Vergnaud

Against:
  Jan Mulder

24.   Koterec report A6-0364/2005

Amendment 13

For: 162

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Lundgren, Wohlin

NI: Allister, Chruszcz, Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Mussolini, Romagnoli, Schenardi

PPE-DE: Bachelot-Narquin, Descamps, De Veyrac, Garriga Polledo, Grossetête, Lamassoure, Mantovani, Saïfi, Sonik, Sudre, Toubon, Vlasto, Wijkman

PSE: Arif, Bono, Bourzai, Cottigny, De Keyser, Douay, Guy-Quint, Hamon, Hutchinson, Laignel, Poignant, Reynaud, Roure, Scheele, Skinner, Stihler, Tarabella, Trautmann, Vaugrenard, Vergnaud

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

Against: 376

IND/DEM: Batten, Belder, Blokland, Borghezio, Clark, Grabowski, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Battilocchio, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mote, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Spautz, Stenzel, Stevenson, Stubb, Surján, Szájer, Tannock, Thyssen, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, D'Alema, De Rossa, De Vits, Díez González, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Hänsch, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Schulz, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Abstention: 9

ALDE: Cocilovo

IND/DEM: Goudin

NI: Baco, Belohorská, Kozlík, Rivera, Rutowicz

PPE-DE: Samaras

Verts/ALE: van Buitenen

25.   Koterec report A6-0364/2005

Amendment 39

For: 337

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

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

NI: Allister, Battilocchio, Chruszcz, Claeys, Czarnecki Marek Aleksander, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Masiel, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Bushill-Matthews, Busuttil, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jeggle, Jordan Cizelj, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Korhola, Kratsa-Tsagaropoulou, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nicholson, van Nistelrooij, Novak, Pack, Panayotopoulos-Cassiotou, Parish, Piskorski, Podestà, Posdorf, Purvis, Rack, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schmitt, Schnellhardt, Schröder, Schwab, Seeber, Seeberg, Silva Peneda, Sommer, Spautz, Stenzel, Stevenson, Stubb, Sudre, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina

PSE: Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berman, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Cottigny, De Keyser, De Rossa, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gill, Goebbels, Gomes, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Laignel, Lambrinidis, Lavarra, Lehtinen, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Muscat, Napoletano, Paasilinna, Pahor, Patrie, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Reynaud, Riera Madurell, Rocard, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, Schapira, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Swoboda, Szejna, Tarabella, Thomsen, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Whitehead, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Crowley, Muscardini, Poli Bortone, Ryan, Tatarella

Against: 156

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Clark, Grabowski, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Bobošíková, Czarnecki Ryszard, Mote

PPE-DE: Březina, Deß, Ebner, Ehler, Gräßle, Handzlik, Hybášková, Jałowiecki, Járóka, Kaczmarek, Konrad, Kudrycka, Mayer, Nassauer, Olajos, Olbrycht, Őry, Pieper, Pleštinská, Posselt, Protasiewicz, Radwan, Reul, Saryusz-Wolski, Schöpflin, Siekierski, Sonik, Surján, Ulmer, Weber Manfred, Weisgerber, Zwiefka

PSE: Andersson, Berger, Bösch, Christensen, Corbey, Ettl, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Haug, Hedh, Hedkvist Petersen, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Maňka, Myller, Navarro, Piecyk, Prets, Rasmussen, Rothe, Scheele, Segelström, Sousa Pinto, Stockmann, Titley, Walter, Weiler, Westlund, Zani

UEN: Bielan, Janowski, Kamiński, Krasts, Kuźmiuk, Libicki, Pavilionis, Podkański, Roszkowski, Szymański

Verts/ALE: Schlyter

Abstention: 48

ALDE: Samuelsen

NI: Baco, Belohorská, Kozlík, Martin Hans-Peter, Rivera, Rutowicz

PSE: D'Alema, Grabowska, Leichtfried, Rosati, dos Santos, Wiersma

UEN: Camre, Kristovskis, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, van Buitenen, Buitenweg, Cohn-Bendit, Cramer, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Corrections to votes

For:
  Sérgio Susa Pinto

26.   Koterec report A6-0364/2005

Amendment 18

For: 79

ALDE: Bonino

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Bonde

NI: Allister, Battilocchio, Claeys, De Michelis, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mussolini, Romagnoli, Schenardi

PPE-DE: Mauro

PSE: Berman, De Keyser, Guy-Quint, Hasse Ferreira, Hutchinson, Muscat, Reynaud, Tarabella

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

Against: 449

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Borghezio, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Wohlin, Zapałowski, Železný

NI: Belohorská, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Abstention: 14

ALDE: Samuelsen

IND/DEM: Batten, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Baco, Kozlík, Rutowicz

PSE: Attard-Montalto, Hedh

Verts/ALE: van Buitenen

Corrections to votes

For:
  Jamila Madeira

27.   Koterec report A6-0364/2005

Amendment 37

For: 71

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Bonde

NI: Allister, Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Mussolini, Romagnoli, Schenardi

PSE: De Keyser, Hutchinson, Madeira, Maňka, Tarabella

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

Against: 464

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Borghezio, Clark, Grabowski, Krupa, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Speroni, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mote, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Rossa, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Muscat, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Zīle

Abstention: 8

ALDE: Samuelsen

IND/DEM: Goudin

NI: Baco, Kozlík, Martin Hans-Peter, Rivera, Rutowicz

Verts/ALE: van Buitenen

28.   Koterec report A6-0364/2005

Amendment 38

For: 99

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Batten, Clark, Nattrass, Wise, Wohlin

NI: Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Mussolini, Romagnoli, Schenardi

PPE-DE: Jałowiecki

PSE: Arif, Berès, Bono, Bourzai, Castex, Cottigny, De Keyser, Douay, Grech, Gröner, Guy-Quint, Hamon, Hutchinson, Laignel, Muscat, Poignant, Reynaud, Roure, Scheele, Tarabella, Trautmann, Vaugrenard, Vergnaud, Weber Henri, Wynn

UEN: Aylward, Crowley, Ryan

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

Against: 434

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Guardans Cambó, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Bonde, Borghezio, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Whittaker, Zapałowski, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mote, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berger, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, D'Alema, De Rossa, De Vits, Díez González, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Groote, Gruber, Gurmai, Hänsch, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Myller, Napoletano, Navarro, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Whitehead, Wiersma, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Berlato, Bielan, Camre, Foglietta, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Pavilionis, Podkański, Poli Bortone, Roszkowski, Szymański, Tatarella, Zīle

Abstention: 7

ALDE: Samuelsen

IND/DEM: Goudin, Lundgren

NI: Baco, Kozlík, Martin Hans-Peter, Rutowicz

Corrections to votes

For:
  Michel Rocard, Anne Van Lancker

Against:
  Gerard Batten, Michael Henry Nattrass, John Whittaker, Thomas Wise

29.   Koterec report A6-0364/2005

Amendment 33

For: 102

GUE/NGL: Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Verges, Wagenknecht, Wurtz

IND/DEM: Bonde, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Tomczak, Wohlin, Zapałowski

NI: Czarnecki Marek Aleksander, Gollnisch, Lang, Le Pen Jean-Marie, Martin Hans-Peter, Mussolini, Romagnoli, Schenardi

PPE-DE: Vlasto

PSE: Arif, Bono, Bourzai, Castex, Corbett, Cottigny, Douay, Guy-Quint, Hamon, Laignel, Muscat, Navarro, Poignant, Reynaud, Rocard, Roure, Schapira, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri

UEN: Aylward, Crowley, Pavilionis, Ryan

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

Against: 422

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Cavada, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Duff, Duquesne, Fourtou, Geremek, Gibault, Hall, Harkin, in 't Veld, Jensen, Juknevičienė, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Polfer, Procacci, Prodi, Resetarits, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Borghezio

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mote, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Piskorski, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stenzel, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varvitsiotis, Vatanen, Ventre, Vernola, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, Berger, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbey, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Fava, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Grabowska, Gröner, Groote, Gruber, Gurmai, Hänsch, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Myller, Napoletano, Paasilinna, Pahor, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Vincenzi, Walter, Weiler, Westlund, Whitehead, Wiersma, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Berlato, Bielan, Camre, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Muscardini, Poli Bortone, Roszkowski, Szymański, Tatarella, Zīle

Abstention: 16

ALDE: Samuelsen

IND/DEM: Batten, Clark, Nattrass, Whittaker, Wise, Železný

NI: Baco, Kozlík, Rivera, Rutowicz

PSE: Grech

UEN: Libicki, Podkański

Verts/ALE: van Buitenen, Smith

Corrections to votes

For:
  Alyn Smith, Pervenche Berès

30.   Van Orden report A6-0342/2005

Amendment 15

For: 241

ALDE: Andrejevs, Attwooll, Davies, Hall, Harkin, Juknevičienė, Ludford, Lynne, Matsakis, Ortuondo Larrea, Oviir, Prodi, Resetarits, Samuelsen, Wallis

GUE/NGL: Catania, de Brún, Flasarová, Guidoni, Kaufmann, McDonald, Meijer, Morgantini, Musacchio, Pflüger, Portas, Remek, Rizzo, Seppänen, Svensson, Wagenknecht, Wurtz

IND/DEM: Bonde

NI: Battilocchio, Belohorská, De Michelis, Martin Hans-Peter, Rivera

PPE-DE: Ayuso González, Demetriou, Deß, Deva, Dimitrakopoulos, Ehler, Eurlings, Gklavakis, Glattfelder, Gräßle, Grosch, Karas, Kasoulides, Kratsa-Tsagaropoulou, Lamassoure, Langen, Lechner, Liese, Maat, Mauro, Mavrommatis, Pleštinská, Posdorf, Posselt, Rack, Reul, Salafranca Sánchez-Neyra, Samaras, Schierhuber, Schwab, Seeber, Stenzel, Trakatellis, Varvitsiotis

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Beglitis, Berès, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fernandes, Ferreira Elisa, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Gomes, Grabowska, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Hedh, Hedkvist Petersen, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Lavarra, Lehtinen, Leinen, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moscovici, Napoletano, Navarro, Paasilinna, Pahor, Pinior, Pittella, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schapira, Scheele, Schulz, Segelström, Sifunakis, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Kuźmiuk

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

Against: 239

ALDE: Andria, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Carlshamre, Cocilovo, Cornillet, Costa, Deprez, De Sarnez, Drčar Murko, Fourtou, Geremek, in 't Veld, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Maaten, Malmström, Mulder, Newton Dunn, Pannella, Ries, Riis-Jørgensen, Sbarbati, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski

IND/DEM: Belder, Blokland, Borghezio, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wohlin, Zapałowski

NI: Bobošíková, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Masiel, Mussolini, Romagnoli, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Fajmon, Ferber, Florenz, Fraga Estévez, Freitas, Gál, Gaľa, Galeote Quecedo, Gauzès, Gewalt, Gomolka, Graça Moura, de Grandes Pascual, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Landsbergis, Lehne, Lewandowski, Lulling, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Pieper, Pīks, Piskorski, Podestà, Protasiewicz, Purvis, Radwan, Ribeiro e Castro, Roithová, Saïfi, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Ulmer, Van Orden, Vatanen, Ventre, Vernola, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Goebbels, Herczog, Muscat, Wynn

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Poli Bortone, Roszkowski, Szymański, Tatarella, Zīle

Abstention: 17

ALDE: Cavada, Duquesne, Gibault, Guardans Cambó

GUE/NGL: Kohlíček, Pafilis

IND/DEM: Batten, Clark, Goudin, Lundgren, Whittaker, Wise

PSE: Grech, Gröner, Hegyi, Leichtfried

Verts/ALE: van Buitenen

Corrections to votes

For:
  Sophia in 't Veld, Gitte Seeberg

Against:
  José Ignacio Salafranca Sánchez-Neyra

31.   Attwooll report A6-0341/2005

Resolution

For: 365

ALDE: Attwooll, Beaupuy, Bonino, Bourlanges, Budreikaitė, Busk, Carlshamre, Cavada, Costa, Deprez, De Sarnez, Duquesne, Fourtou, Gibault, Guardans Cambó, Hall, in 't Veld, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Ludford, Lynne, Maaten, Matsakis, Mulder, Ortuondo Larrea, Oviir, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

GUE/NGL: de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, McDonald, Meijer, Morgantini, Pafilis, Pflüger, Remek, Seppänen, Svensson, Wagenknecht

IND/DEM: Belder, Blokland, Borghezio, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Battilocchio, Belohorská, Chruszcz, Czarnecki Ryszard, Giertych, Martin Hans-Peter, Masiel, Mussolini, Rivera, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Beazley, Becsey, Berend, Bowis, Braghetto, Brejc, Brepoels, Březina, Busuttil, del Castillo Vera, Chmielewski, Coelho, Coveney, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Eurlings, Ferber, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kelam, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kušķis, Landsbergis, Lechner, Lewandowski, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayer, Mikolášik, Millán Mon, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Őry, Pack, Panayotopoulos-Cassiotou, Pīks, Piskorski, Pleštinská, Podestà, Posselt, Purvis, Radwan, Ribeiro e Castro, Roithová, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Stenzel, Stevenson, Stubb, Sudre, Surján, Thyssen, Toubon, Trakatellis, Ulmer, Varvitsiotis, Vatanen, Ventre, Vernola, Vlasto, Weber Manfred, Weisgerber, Wieland, Záborská, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Beglitis, Berès, Berger, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cercas, Christensen, Corbett, Corbey, Cottigny, D'Alema, De Keyser, De Rossa, Dührkop Dührkop, El Khadraoui, Evans Robert, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Gill, Glante, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Krehl, Kuc, Laignel, Lambrinidis, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Muscat, Piecyk, Pinior, Prets, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, Schapira, Scheele, Schulz, Sifunakis, Stihler, Swoboda, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Xenogiannakopoulou

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Foglietta, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Pavilionis, Podkański, Roszkowski, Szymański, Tatarella, Zīle

Verts/ALE: Bennahmias, Breyer, Buitenweg, Cramer, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Ždanoka

Against: 8

IND/DEM: Batten, Clark, Lundgren, Whittaker, Wise, Wohlin

NI: Mote

PPE-DE: Korhola

Abstention: 13

ALDE: Malmström

IND/DEM: Bonde, Goudin

NI: Claeys, Gollnisch, Lang, Le Pen Jean-Marie, Romagnoli, Schenardi

PPE-DE: Cederschiöld, Hennicot-Schoepges, Hökmark, Ibrisagic

32.   RC B6-0643/2005 — Ethiopia

Resolution

For: 93

ALDE: Geremek, Hall, Kułakowski, Lynne, Matsakis, Staniszewska, Takkula, Väyrynen

GUE/NGL: Kohlíček, Meijer, Strož

IND/DEM: Krupa, Pęk, Rogalski

NI: Czarnecki Ryszard, Giertych, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bowis, Brepoels, Březina, Chichester, Chmielewski, Coveney, Daul, Deß, Deva, Dimitrakopoulos, Elles, Fraga Estévez, Gahler, Gauzès, Gewalt, Gräßle, Grossetête, Járóka, Kaczmarek, Karas, Kratsa-Tsagaropoulou, Landsbergis, Mann Thomas, Mathieu, Mauro, Mavrommatis, Mayer, Nicholson, Panayotopoulos-Cassiotou, Pleštinská, Posselt, Purvis, Samaras, Saryusz-Wolski, Schierhuber, Sommer, Sonik, Sudre, Surján, Varvitsiotis, Vatanen, Wieland, Záborská, Zatloukal, Zwiefka

PSE: Ayala Sender, Casaca, Cottigny, Ettl, Ford, García Pérez, Geringer de Oedenberg, Gomes, Kindermann, Kuc, Martínez Martínez, Miguélez Ramos, Paasilinna, Pinior, Roure, Sakalas, Salinas García, Sánchez Presedo, Scheele, Zani

Verts/ALE: Hammerstein Mintz, Isler Béguin, Kusstatscher, Lichtenberger, Onesta, Romeva i Rueda, Schlyter, Smith, Staes

Abstention: 1

IND/DEM: Bonde

Corrections to votes

For:
  Evelyne Gebhardt

---

TEXTS ADOPTED

P6_TA(2005)0513

Mobilisation of the flexibility instrument

European Parliament resolution on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the flexibility instrument in favour of the European Union's external actions according to point 24 of the Interinstitutional Agreement of 6 May 1999 (COM (2005)0278 — C6-0211/2005 — 2005/2137(ACI))

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and to the Council on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction assistance to Tsunami affected countries according to point 24 of the Interinstitutional Agreement of 6 May 1999 (COM(2005)0278 — C6-0211/2005) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and to the Council on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction assistance to Tsunami affected countries according to point 24 of the Interinstitutional Agreement of 6 May 1999 (COM(2005)0278 — C6-0211/2005) (1),

| — | having regard to Amending Letter No 1/2005 to the Preliminary draft budget for 2006 (SEC(2005) 1269), |
| --- | --- |

—

having regard to Amending Letter No 1/2005 to the Preliminary draft budget for 2006 (SEC(2005) 1269),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (2),

| — | having regard to the outcome of the conciliation meeting of 24 November 2005 as finalised at the trialogue of 30 November 2005 with the Council, |
| --- | --- |

—

having regard to the outcome of the conciliation meeting of 24 November 2005 as finalised at the trialogue of 30 November 2005 with the Council,

| — | having regard to Rule 120(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 120(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinion of the Committee on Development and Cooperation (A6-0395/2005), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinion of the Committee on Development and Cooperation (A6-0395/2005),

| A. | whereas it is imperative to fund EU external commitments and responsibilities adequately, |
| --- | --- |

A.

whereas it is imperative to fund EU external commitments and responsibilities adequately,

| B. | whereas the possibility of EU participation in major new reconstruction programmes, to the extent that is currently the case, was not foreseeable at the time of adoption of the current Financial Perspectives, |
| --- | --- |

B.

whereas the possibility of EU participation in major new reconstruction programmes, to the extent that is currently the case, was not foreseeable at the time of adoption of the current Financial Perspectives,

| C. | whereas the Commission proposal should be modified to reflect the outcome of the budget conciliation of 24 November 2005 and trialogue of 30 November 2005, |
| --- | --- |

C.

whereas the Commission proposal should be modified to reflect the outcome of the budget conciliation of 24 November 2005 and trialogue of 30 November 2005,

| 1. | Stresses that mobilisation of the flexibility instrument, as provided for by point 24 of the Interinstitutional Agreement of 6 May 1999, has been decided for the sixth consecutive year for heading 4, as the assistance in facing international crises since 2000 could not be financed within the initial ceiling of this heading; |
| --- | --- |

1.

Stresses that mobilisation of the flexibility instrument, as provided for by point 24 of the Interinstitutional Agreement of 6 May 1999, has been decided for the sixth consecutive year for heading 4, as the assistance in facing international crises since 2000 could not be financed within the initial ceiling of this heading;

| 2. | Approves the decision annexed to this resolution; |
| --- | --- |

2.

Approves the decision annexed to this resolution;

| 3. | Instructs its President to forward this resolution, including the annex, to the Council and Commission. |
| --- | --- |

3.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 172 of 18.06.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and the Council (OJ L 269, 14.10.2005, p. 24).

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 December 2005

on the mobilisation of the flexibility instrument according to point 24 of the Interinstitutional Agreement of 6 May 1999 in favour of the rehabilitation and reconstruction of Iraq, the rehabilitation and reconstruction assistance to Tsunami affected countries, the Sugar protocol countries affected by the reform of the EU sugar regime during 2006 and the Common Foreign and Security Policy.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 24 thereof,

Whereas:

At the conciliation meeting on 24 November 2005 as finalised at the trialogue on 30 November 2005 the two arms of the budgetary authority agreed to mobilise the flexibility instrument to complement the financing in the 2006 budget of:

| — | the rehabilitation and reconstruction of Iraq for an amount of EUR 100 million; |
| --- | --- |

—

the rehabilitation and reconstruction of Iraq for an amount of EUR 100 million;

| — | the rehabilitation and reconstruction assistance to Tsunami-affected countries for an amount of EUR 95 million; |
| --- | --- |

—

the rehabilitation and reconstruction assistance to Tsunami-affected countries for an amount of EUR 95 million;

| — | the Sugar protocol countries affected by the reform of the EU sugar regime during 2006 for an amount of EUR 40 million, and |
| --- | --- |

—

the Sugar protocol countries affected by the reform of the EU sugar regime during 2006 for an amount of EUR 40 million, and

| — | the Common Foreign and Security Policy for an amount of EUR 40 million, |
| --- | --- |

—

the Common Foreign and Security Policy for an amount of EUR 40 million,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2006, (hereinafter ‘the 2006 budget’) the flexibility instrument shall be used to provide the sum of EUR 275 million in commitment appropriations.

These amounts shall be used to complement the financing of:

| — | the rehabilitation and reconstruction of Iraq for an amount of EUR 100 million, under article 19 08 07 ‘Aid for rehabilitation and reconstruction of Iraq’; |
| --- | --- |

—

the rehabilitation and reconstruction of Iraq for an amount of EUR 100 million, under article 19 08 07 ‘Aid for rehabilitation and reconstruction of Iraq’;

| — | the rehabilitation and reconstruction assistance to Tsunami-affected countries for an amount of EUR 95 million under article 19 10 04 ‘Rehabilitation and reconstruction operations in developing countries in Asia’; |
| --- | --- |

—

the rehabilitation and reconstruction assistance to Tsunami-affected countries for an amount of EUR 95 million under article 19 10 04 ‘Rehabilitation and reconstruction operations in developing countries in Asia’;

| — | the Sugar Protocol countries affected by the reform of the EU sugar regime during 2006 for a total amount of EUR 40 million, of which EUR 38 800 000 under article 21 03 19 ‘Adjustment support for sugar protocol countries’ and EUR 1 200 000 under item 21 01 04 02 — ‘Other cooperation measures and sectoral strategies — Expenditure on administrative management’, and |
| --- | --- |

—

the Sugar Protocol countries affected by the reform of the EU sugar regime during 2006 for a total amount of EUR 40 million, of which EUR 38 800 000 under article 21 03 19 ‘Adjustment support for sugar protocol countries’ and EUR 1 200 000 under item 21 01 04 02 — ‘Other cooperation measures and sectoral strategies — Expenditure on administrative management’, and

| — | the Common Foreign and Security Policy for an amount of EUR 40 million — under chapter 19 03. |
| --- | --- |

—

the Common Foreign and Security Policy for an amount of EUR 40 million — under chapter 19 03.

Article 2

This decision shall be published in the Official Journal of the European Union at the same time as the 2006 budget.

Done at Strasbourg, 15 December 2005

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 172 of 18.06.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and the Council (OJ L 269, 14.10.2005, p. 24).

1

P6_TA(2005)0514

Draft general budget 2006 (all sections)

European Parliament resolution on the draft general budget of the European Union for the financial year 2006 as modified by the Council (all sections) (14864/2005 — C6-0415/2005 — 2005/2001 (BUD)) and Amending Letters Nos 1/2005 (14862/2005 — C6-0413/2005), 2/2005 (14863/2005 — C6-0414/2005) and 3/2005 (15379/2005 — C6-0427/2005) to the draft general budget of the European Union for the financial year 2006

The European Parliament,

| — | having regard to the Treaty establishing the European Community, and in particular Article 272(4), third subparagraph thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Community, and in particular Article 272(4), third subparagraph thereof,

| — | having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof,

| — | having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (1), |
| --- | --- |

—

having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (1),

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), to Decision 2003/429/EC of the European Parliament and of the Council of 19 May 2003 on the adjustment of the financial perspective for enlargement (4) and to Decision 2003/430/EC of the European Parliament and of the Council of 19 May 2003 on the revision of the financial perspective (5), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), to Decision 2003/429/EC of the European Parliament and of the Council of 19 May 2003 on the adjustment of the financial perspective for enlargement (4) and to Decision 2003/430/EC of the European Parliament and of the Council of 19 May 2003 on the revision of the financial perspective (5),

| — | having regard to the draft general budget of the European Union for the financial year 2006, which the Council established on 15 July 2005 (C6-0299/2005), |
| --- | --- |

—

having regard to the draft general budget of the European Union for the financial year 2006, which the Council established on 15 July 2005 (C6-0299/2005),

| — | having regard to its resolution of 27 October 2005 on the draft general budget of the European Union for the financial year 2006, Section III — Commission (6), |
| --- | --- |

—

having regard to its resolution of 27 October 2005 on the draft general budget of the European Union for the financial year 2006, Section III — Commission (6),

| — | having regard to its resolution of 27 October 2005 on the draft general budget of the European Union for the financial year 2006, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — Economic and Social Committee, Section VII — Committee of the Regions, Section VIII(A) — European Ombudsman, Section VIII(B) — European Data Protection Supervisor (7), |
| --- | --- |

—

having regard to its resolution of 27 October 2005 on the draft general budget of the European Union for the financial year 2006, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — Economic and Social Committee, Section VII — Committee of the Regions, Section VIII(A) — European Ombudsman, Section VIII(B) — European Data Protection Supervisor (7),

| — | having regard to its amendments and proposed modifications of 27 October 2005 to the draft general budget (8), |
| --- | --- |

—

having regard to its amendments and proposed modifications of 27 October 2005 to the draft general budget (8),

| — | having regard to the Council's modifications to the amendments and proposed modifications adopted by Parliament to the draft general budget (14864/2005 — C6-0415/2005), |
| --- | --- |

—

having regard to the Council's modifications to the amendments and proposed modifications adopted by Parliament to the draft general budget (14864/2005 — C6-0415/2005),

| — | having regard to the budget conciliation of 24 November 2005 as concluded at the Trialogue of 30 November 2005, |
| --- | --- |

—

having regard to the budget conciliation of 24 November 2005 as concluded at the Trialogue of 30 November 2005,

| — | having regard to the Decision of the European Parliament and of the Council of 15 December 2005 on the mobilisation of the flexibility instrument according to point 24 of the Interinstitutional Agreement of 6 May 1999 in favour of the rehabilitation and reconstruction of Iraq, rehabilitation and reconstruction assistance to Tsunami affected countries, the Sugar protocol countries affected by the reform of the sugar regime during 2006 and Common Foreign and Security Policy (9), |
| --- | --- |

—

having regard to the Decision of the European Parliament and of the Council of 15 December 2005 on the mobilisation of the flexibility instrument according to point 24 of the Interinstitutional Agreement of 6 May 1999 in favour of the rehabilitation and reconstruction of Iraq, rehabilitation and reconstruction assistance to Tsunami affected countries, the Sugar protocol countries affected by the reform of the sugar regime during 2006 and Common Foreign and Security Policy (9),

| — | having regard to Rule 69 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0396/2005), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0396/2005),

| A. | whereas social cohesion, economic growth, job creation, an added value of European policies and a spirit of solidarity, both within and outside Europe's borders, must underpin the 2006 budget, thereby making a contribution to addressing the challenges of today and to restoring confidence in the European Union, |
| --- | --- |

A.

whereas social cohesion, economic growth, job creation, an added value of European policies and a spirit of solidarity, both within and outside Europe's borders, must underpin the 2006 budget, thereby making a contribution to addressing the challenges of today and to restoring confidence in the European Union,

| B. | whereas a substantial effort towards implementing the Lisbon and Gothenburg strategy should be made also in terms of budgetary commitments and in view of a possible new financial agreement for the coming years, |
| --- | --- |

B.

whereas a substantial effort towards implementing the Lisbon and Gothenburg strategy should be made also in terms of budgetary commitments and in view of a possible new financial agreement for the coming years,

| C. | whereas involving and supporting young people across Europe and in EU programmes is of high importance, and whereas the 2006 budget should make a special contribution in this field, |
| --- | --- |

C.

whereas involving and supporting young people across Europe and in EU programmes is of high importance, and whereas the 2006 budget should make a special contribution in this field,

| 1. | Reiterates once again the fundamental priorities reflected in the budget for 2006 and highlights the contribution to the Lisbon and Gothenburg Strategy, to EU information policy involving citizens and to the funding of crucial international commitments; also believes that the 2006 budget serves as a transition towards a new (possible) medium-term budgetary agreement for the years to come; |
| --- | --- |

1.

Reiterates once again the fundamental priorities reflected in the budget for 2006 and highlights the contribution to the Lisbon and Gothenburg Strategy, to EU information policy involving citizens and to the funding of crucial international commitments; also believes that the 2006 budget serves as a transition towards a new (possible) medium-term budgetary agreement for the years to come;

| 2. | Stresses the crucial importance of providing sufficient payment appropriations to avoid the piling-up of outstanding commitments; establishes the payments in the 2006 budget at a level of 1,01 % of the Community GNI compared to 1,00% in the 2005 budget; is disappointed that the Council was not willing to agree to a higher amount, but is willing to accept this payment level as a part of the global compromise on the 2006 budget; |
| --- | --- |

2.

Stresses the crucial importance of providing sufficient payment appropriations to avoid the piling-up of outstanding commitments; establishes the payments in the 2006 budget at a level of 1,01 % of the Community GNI compared to 1,00% in the 2005 budget; is disappointed that the Council was not willing to agree to a higher amount, but is willing to accept this payment level as a part of the global compromise on the 2006 budget;

| 3. | Underlines the 2006 priority given to young people and the specific budgetary effort made to reinforce important European programmes in this respect; |
| --- | --- |

3.

Underlines the 2006 priority given to young people and the specific budgetary effort made to reinforce important European programmes in this respect;

| 4. | Notes that every year in October the Commission submits to Parliament a letter of amendment to the pre-draft budget, forecasting the necessary level of expenditure in Heading 1 for next year's budget; asks the Commission to submit similar documents to Parliament for all the other budget headings, so as to enable Parliament to be fully informed when establishing the budget for the following year; |
| --- | --- |

4.

Notes that every year in October the Commission submits to Parliament a letter of amendment to the pre-draft budget, forecasting the necessary level of expenditure in Heading 1 for next year's budget; asks the Commission to submit similar documents to Parliament for all the other budget headings, so as to enable Parliament to be fully informed when establishing the budget for the following year;

| 5. | Observes that in the conduct of the negotiations for the 2006 budget, the reaching of an agreement between the two sides of the budget authority has not been made any easier by the attitude of the Commission; stresses the importance of the Commission fulfilling its role to be a credible and impartial arbitrator between the two sides of the budget authority in order to ensure Parliament's full cooperation; |
| --- | --- |

5.

Observes that in the conduct of the negotiations for the 2006 budget, the reaching of an agreement between the two sides of the budget authority has not been made any easier by the attitude of the Commission; stresses the importance of the Commission fulfilling its role to be a credible and impartial arbitrator between the two sides of the budget authority in order to ensure Parliament's full cooperation;

Heading 1: Agriculture

| 6. | Regrets the Council's reductions to various lines in this sector in accordance with its prerogative for compulsory expenditure, but warmly welcomes, at the same time, the reinforced funding for the food programme for deprived persons; |
| --- | --- |

6.

Regrets the Council's reductions to various lines in this sector in accordance with its prerogative for compulsory expenditure, but warmly welcomes, at the same time, the reinforced funding for the food programme for deprived persons;

| 7. | Welcomes the agreement between Parliament and Council on the Commission's Letter of Amendment No 2/2005 and on the revision of the financial sub-ceilings of this heading in order to make possible the modulation measures related to CAP reform; |
| --- | --- |

7.

Welcomes the agreement between Parliament and Council on the Commission's Letter of Amendment No 2/2005 and on the revision of the financial sub-ceilings of this heading in order to make possible the modulation measures related to CAP reform;

Heading 2: Structural Actions

| 8. | Welcomes the continued strong implementation of structural actions by many countries in 2005, and notes the Commission's forecasts that this positive development will be sustained in 2006; |
| --- | --- |

8.

Welcomes the continued strong implementation of structural actions by many countries in 2005, and notes the Commission's forecasts that this positive development will be sustained in 2006;

| 9. | Is however disappointed that, contrary to the positive indications earlier in the year, the implementation of structural actions in the new Member States has not developed as well as hoped; believes that this is largely due to a difficult start-up period affecting the new programmes, and, especially, new procedures in the Member States themselves; recalls that at the beginning of the current financial perspective period the same phenomenon was observed in EU-15 countries; stresses therefore that these start-up problems can in no way be interpreted as a general problem of absorption capacity in new Member States; is optimistic that, with the support of the Commission, these countries will be able to considerably improve their implementation in 2006; |
| --- | --- |

9.

Is however disappointed that, contrary to the positive indications earlier in the year, the implementation of structural actions in the new Member States has not developed as well as hoped; believes that this is largely due to a difficult start-up period affecting the new programmes, and, especially, new procedures in the Member States themselves; recalls that at the beginning of the current financial perspective period the same phenomenon was observed in EU-15 countries; stresses therefore that these start-up problems can in no way be interpreted as a general problem of absorption capacity in new Member States; is optimistic that, with the support of the Commission, these countries will be able to considerably improve their implementation in 2006;

| 10. | Is determined to ensure the effective implementation of structural actions and to provide the necessary budgetary means; considers that, given the unexpected delays in implementation, the payment appropriations proposed in the Commission's budget proposal provide the most accurate estimate of the needs for 2006 and will enable a sufficient basic level of implementation; |
| --- | --- |

10.

Is determined to ensure the effective implementation of structural actions and to provide the necessary budgetary means; considers that, given the unexpected delays in implementation, the payment appropriations proposed in the Commission's budget proposal provide the most accurate estimate of the needs for 2006 and will enable a sufficient basic level of implementation;

| 11. | Approves the Joint Declaration annexed to this resolution specifically to ensure that further payment appropriations can be made available, if needed, by way of an amending budget in 2006; |
| --- | --- |

11.

Approves the Joint Declaration annexed to this resolution specifically to ensure that further payment appropriations can be made available, if needed, by way of an amending budget in 2006;

Heading 3: Internal Policies

| 12. | Underlines the importance of the Lisbon and Gothenburg strategy for sustainable development, competitiveness, job creation and social cohesion and considers it important to provide adequate budgetary means for its implementation; has therefore increased these policies for 2006 and decided to reinstate a number of Lisbon-related amendments amounting to some EUR 130 million; |
| --- | --- |

12.

Underlines the importance of the Lisbon and Gothenburg strategy for sustainable development, competitiveness, job creation and social cohesion and considers it important to provide adequate budgetary means for its implementation; has therefore increased these policies for 2006 and decided to reinstate a number of Lisbon-related amendments amounting to some EUR 130 million;

| 13. | Welcomes the political agreement with Council to reinforce a number of co-decided programmes in this area, in excess of the amounts set out in the corresponding financial frameworks; points out that this agreement was made pursuant to the means offered by the Interinstitutional Agreement and that the Commission has confirmed the possibility of implementing the additional funds; |
| --- | --- |

13.

Welcomes the political agreement with Council to reinforce a number of co-decided programmes in this area, in excess of the amounts set out in the corresponding financial frameworks; points out that this agreement was made pursuant to the means offered by the Interinstitutional Agreement and that the Commission has confirmed the possibility of implementing the additional funds;

| 14. | Highlights in this respect the additional funding made available for SMEs, research policy, Socrates, LIFE III, the YOUTH programmes and the cultural organisations advancing the idea of Europe; |
| --- | --- |

14.

Highlights in this respect the additional funding made available for SMEs, research policy, Socrates, LIFE III, the YOUTH programmes and the cultural organisations advancing the idea of Europe;

| 15. | Considers the Erasmus programme a major priority and has decided to reinforce funding for student exchanges and, importantly, to allow an increase in the individual student allowances, making the programme more accessible and equitable by improving the possibilities for students from all backgrounds to participate; |
| --- | --- |

15.

Considers the Erasmus programme a major priority and has decided to reinforce funding for student exchanges and, importantly, to allow an increase in the individual student allowances, making the programme more accessible and equitable by improving the possibilities for students from all backgrounds to participate;

| 16. | Has approved a number of pilot projects, inter alia, — to promote and speed up the implementation of mobility actions (visits and exchanges) for upper secondary pupils which should start effectively within the framework of the Comenius programme as of 1 January 2007, — on cross border cooperation in the fight against natural disasters, — on security along the trans-European road network — and the continuation of the pilot project on the ‘fight against terrorism’; calls on the Commission to propose constructive and innovative ways of implementing the projects in cooperation with the Parliament; |
| --- | --- |

16.

Has approved a number of pilot projects, inter alia, — to promote and speed up the implementation of mobility actions (visits and exchanges) for upper secondary pupils which should start effectively within the framework of the Comenius programme as of 1 January 2007, — on cross border cooperation in the fight against natural disasters, — on security along the trans-European road network — and the continuation of the pilot project on the ‘fight against terrorism’; calls on the Commission to propose constructive and innovative ways of implementing the projects in cooperation with the Parliament;

| 17. | Has decided to reinforce a number of budgetary lines for information policy in support of the relaunch of these actions after the presentation by the Commission of the White Paper on Communication and Democracy; stresses the need for the new strategy to be pursued in close cooperation with Parliament; has decided to lift part of the reserve in second reading; |
| --- | --- |

17.

Has decided to reinforce a number of budgetary lines for information policy in support of the relaunch of these actions after the presentation by the Commission of the White Paper on Communication and Democracy; stresses the need for the new strategy to be pursued in close cooperation with Parliament; has decided to lift part of the reserve in second reading;

| 18. | Insists that much can be done in the area of simplifying procedures and cutting down on red tape for the benefit of people and organisations that receive EU funding; has therefore decided to maintain a set of simplification amendments while recognising that some progress has already been made, notably in connection with the work on the Financial Regulation; |
| --- | --- |

18.

Insists that much can be done in the area of simplifying procedures and cutting down on red tape for the benefit of people and organisations that receive EU funding; has therefore decided to maintain a set of simplification amendments while recognising that some progress has already been made, notably in connection with the work on the Financial Regulation;

| 19. | Reiterates its traditional support for the agencies, and especially the new ones; recalls, however, that their establishment plans can not be increased year after year without assuring the budgetary authority that the rules common to all institutions regarding recruitment and promotion are respected; |
| --- | --- |

19.

Reiterates its traditional support for the agencies, and especially the new ones; recalls, however, that their establishment plans can not be increased year after year without assuring the budgetary authority that the rules common to all institutions regarding recruitment and promotion are respected;

| 20. | Expects that the guidelines on the staff policy will be finalised by the Commission by the end of March 2006 and will be transmitted to the budgetary authority; |
| --- | --- |

20.

Expects that the guidelines on the staff policy will be finalised by the Commission by the end of March 2006 and will be transmitted to the budgetary authority;

Heading 4: External Policies

| 21. | Stresses that the external programmes must be adequately funded in order to respond to real needs and that the EU's increased responsibilities and involvement, particularly in the fields of reconstruction aid and humanitarian matters, have been made within a financial framework agreed in 1999, which has proved to be insufficient as new demands have been placed on it; |
| --- | --- |

21.

Stresses that the external programmes must be adequately funded in order to respond to real needs and that the EU's increased responsibilities and involvement, particularly in the fields of reconstruction aid and humanitarian matters, have been made within a financial framework agreed in 1999, which has proved to be insufficient as new demands have been placed on it;

| 22. | Confirms its resolve to support the EU's new actions and responsibilities while at the same time making sure that this will not be at the expense of traditional priorities such as ongoing cooperation programmes, actions relating to the Millennium Development Goals, and important thematic programmes such as the human rights programme; |
| --- | --- |

22.

Confirms its resolve to support the EU's new actions and responsibilities while at the same time making sure that this will not be at the expense of traditional priorities such as ongoing cooperation programmes, actions relating to the Millennium Development Goals, and important thematic programmes such as the human rights programme;

| 23. | Welcomes, therefore, the decision to mobilise the flexibility instrument for a total amount of EUR 275 million for the reconstruction programme following the tsunami, the reconstruction programme in Iraq, new support measures for ACP countries following sugar reform, and the Common Foreign and Security Policy (CFSP); |
| --- | --- |

23.

Welcomes, therefore, the decision to mobilise the flexibility instrument for a total amount of EUR 275 million for the reconstruction programme following the tsunami, the reconstruction programme in Iraq, new support measures for ACP countries following sugar reform, and the Common Foreign and Security Policy (CFSP);

| 24. | Agrees to a substantial increase in funding for CFSP actions in order to respond to the international situation, especially the need for conflict prevention and resolution, and to make sure that the European Union can play its role in this area; approves the Joint Declarations annexed to this resolution, in which the Council and Parliament agree that the significantly higher funding for CFSP from the Community budget will be accompanied by improved information and consultation measures; welcomes the fact that the Council committed itself to being represented at ambassador level in this political consultation process; |
| --- | --- |

24.

Agrees to a substantial increase in funding for CFSP actions in order to respond to the international situation, especially the need for conflict prevention and resolution, and to make sure that the European Union can play its role in this area; approves the Joint Declarations annexed to this resolution, in which the Council and Parliament agree that the significantly higher funding for CFSP from the Community budget will be accompanied by improved information and consultation measures; welcomes the fact that the Council committed itself to being represented at ambassador level in this political consultation process;

Heading 5: Administration

| 25. | Decides to confirm its first reading position on administrative expenditure; stresses the importance of striking a balance between applying budgetary rigour and providing the institutions with the necessary budgetary resources for their proper functioning; confirms its decision in the first reading to restore all posts not approved by Council but to maintain the reserve of EUR 16 million in administrative expenditure until all conditions are fulfilled; |
| --- | --- |

25.

Decides to confirm its first reading position on administrative expenditure; stresses the importance of striking a balance between applying budgetary rigour and providing the institutions with the necessary budgetary resources for their proper functioning; confirms its decision in the first reading to restore all posts not approved by Council but to maintain the reserve of EUR 16 million in administrative expenditure until all conditions are fulfilled;

| 26. | Has decided to release part of the reserve related to comitology, awaiting the results of the exploratory contacts between Parliament and Commission on a revision of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10); |
| --- | --- |

26.

Has decided to release part of the reserve related to comitology, awaiting the results of the exploratory contacts between Parliament and Commission on a revision of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10);

| 27. | Welcomes the decision taken to increase the funds available for cultural organisations (15 04 01 03) by EUR 1 million voted under line 15 06 01 07; recalls its abovementioned resolution of 27 October 2005 on the first reading for the 2006 budget, in particular paragraph 33 thereof; asks the Commission to implement the allocation of this additional amount available, in particular with reference to those organisations which have been successfully supported for many years through grants from the European Union, such as the European Union Youth Orchestra, the European Union Baroque Orchestra and the Yehudi Menuhin Foundation; |
| --- | --- |

27.

Welcomes the decision taken to increase the funds available for cultural organisations (15 04 01 03) by EUR 1 million voted under line 15 06 01 07; recalls its abovementioned resolution of 27 October 2005 on the first reading for the 2006 budget, in particular paragraph 33 thereof; asks the Commission to implement the allocation of this additional amount available, in particular with reference to those organisations which have been successfully supported for many years through grants from the European Union, such as the European Union Youth Orchestra, the European Union Baroque Orchestra and the Yehudi Menuhin Foundation;

| 28. | Requests that the institutions transmit, by 15 February 2006, a joint report on enlargement recruitment including statistics as of 15 January 2006 on the number and grade of posts occupied by permanent staff by nationality, of posts occupied by temporary staff and of vacant posts; invites the institutions to include in the report an action plan with measures for further recruitment and addressing the problem of availability of candidates in certain categories from certain Member States; |
| --- | --- |

28.

Requests that the institutions transmit, by 15 February 2006, a joint report on enlargement recruitment including statistics as of 15 January 2006 on the number and grade of posts occupied by permanent staff by nationality, of posts occupied by temporary staff and of vacant posts; invites the institutions to include in the report an action plan with measures for further recruitment and addressing the problem of availability of candidates in certain categories from certain Member States;

Heading 7: Pre-Accession Strategy

| 29. | Confirms its decision to provide for greater budgetary transparency in relation to Community assistance to candidate or pre-candidate countries, especially with a view to the entry into force of the new preaccession instrument, which will consolidate into one single act a variety of geographical and thematic programmes; |
| --- | --- |

29.

Confirms its decision to provide for greater budgetary transparency in relation to Community assistance to candidate or pre-candidate countries, especially with a view to the entry into force of the new preaccession instrument, which will consolidate into one single act a variety of geographical and thematic programmes;

*

- *

| 30. | Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

30.

Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union;

| 31. | Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the other institutions and bodies concerned. |
| --- | --- |

31.

Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the other institutions and bodies concerned.

---

(1)  OJ L 253, 7.10.2000, p. 42.

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

(3)  OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and of the Council (OJ L 269, 14.10.2005, p. 24).

(4)  OJ L 147, 14.6.2003, p. 25.

(5)  OJ L 147, 14.6.2003, p. 31.

(6)  Texts Adopted of that date, P6_TA(2005)0409.

(7)  Texts Adopted of that date, P6_TA(2005)0410.

(8)  Texts Adopted of that date, Annexes.

(9)  Texts Adopted of that date, P6_TA(2005)0513, Annex.

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

ANNEX

JOINT DECLARATIONS

1.   Payment appropriations

If the execution of payment appropriations for the Structural Funds exceeds 40 % by the end of July 2006, or if the Commission becomes otherwise convinced of a shortage in payment appropriations in the budget, it will, after having examined the possibilities of redeployment of payment appropriations within the totality of the budget, including Heading 2, and evaluated possible sources of additional revenue, present a PDAB to the budgetary authority at the latest by October. The European Parliament and the Council will decide in one single reading on the PDAB in order to have additional appropriations needed available at the latest in early November 2006.

2.   CFSP

The European Parliament and the Council remain fully committed to the existing Joint Declaration on CFSP, as adopted at the budget conciliation of November 2002 and the subsequent exchange of letters of 5 December 2003 and their full implementation. They confirm that, as of 2006, the participation to the joint meetings (to take place at least quarterly in order to provide timely information on both the recent and forthcoming developments and their budgetary implications) shall be defined as follows:

European Parliament: Members

The Council: Ambassador (the Chairman of the Political and Security Committee).

3.   CFSP and co-decided programmes

The European Parliament and the Council invite the Commission to take the appropriate measures for the relevant transfers, as soon as possible in 2006, in order to put into effect this agreement reached on CFSP and co-decided programmes.

P6_TA(2005)0515

Fisheries control programmes *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 2004/465/EC on a Community financial contribution towards Member States' fisheries control programmes (COM(2005)0328 — C6-0273/2005 — 2005/0136(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0328) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0328) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0273/2005), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0273/2005),

| — | 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 Fisheries (A6-0339/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A6-0339/2005),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 6 |
| (6) It is appropriate to include in Decision 2004/465/EC studies on fisheries control as well as arrangements designed to facilitate the implementation of new technologies on control. | Deleted |
| Amendment 2 |
| ARTICLE 1, POINT 1
  Article 3, paragraph 2 (Decision 2004/465/EC) |
| 2. All Member States shall submit their annual fisheries control programme by 1 June 2004 for 2004, and by 31 January for 2005
  and for 2006
  . | 2. All Member States shall submit their annual fisheries control programme by 1 June 2004 for 2004, and by 31 January
  2005
  for 2005.
  The annual programmes for 2006 shall be submitted not later than ... (2). |
| Amendment 3 |
| ARTICLE 1, POINT 2
  Article 4, paragraph 1, points (i) and (j) (Decision 2004/465/EC) |
| (2) | In Article 4, paragraph 1 the following points are added:









  (i) | Administrative arrangements with the Joint Research Centre aimed at implementing new technologies on control; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 6

(6) It is appropriate to include in Decision 2004/465/EC studies on fisheries control as well as arrangements designed to facilitate the implementation of new technologies on control.

Deleted

Amendment 2

ARTICLE 1, POINT 1

Article 3, paragraph 2 (Decision 2004/465/EC)

2. All Member States shall submit their annual fisheries control programme by 1 June 2004 for 2004, and by 31 January for 2005
  and for 2006
  .

2. All Member States shall submit their annual fisheries control programme by 1 June 2004 for 2004, and by 31 January
  2005
  for 2005.
  The annual programmes for 2006 shall be submitted not later than ... (2).

Amendment 3

ARTICLE 1, POINT 2

Article 4, paragraph 1, points (i) and (j) (Decision 2004/465/EC)

(2)

(i)

Administrative arrangements with the Joint Research Centre aimed at implementing new technologies on control;

| (j) | Studies on control related areas carried out at the initiative of the Commission. |
| --- | --- |

(j)

Studies on control related areas carried out at the initiative of the Commission.

Deleted

Amendment 4

ARTICLE 1, POINT 3A (new)

Article 5, paragraph 2a (new) (Decision 2004/465/EC)

| (3a) | In Article 5, the following paragraph is added:



  2a.
     
  Where the appropriations provided for in paragraph 1 are not sufficient to finance all the contributions required by the annual fisheries control programmes of the Member States, the Commission shall base the decision referred to in Article 6 on objective criteria which take account of shortcomings in existing control systems, the size of Exclusive Economic Zones and all zones which are to be monitored by the Member States, and the number of fishermen subject to controls. |
| --- | --- |

(3a)

2a.
     
  Where the appropriations provided for in paragraph 1 are not sufficient to finance all the contributions required by the annual fisheries control programmes of the Member States, the Commission shall base the decision referred to in Article 6 on objective criteria which take account of shortcomings in existing control systems, the size of Exclusive Economic Zones and all zones which are to be monitored by the Member States, and the number of fishermen subject to controls.

Amendment 5

ARTICLE 1, POINT 3B (new)

Article 6, paragraph 2, point (c) (Decision 2004/465/EC)

| (3b) | In Article 6, paragraph 2, point (c) is replaced by:









  (c) | for the actions referred to in Article 4(1)(h), the rate may not exceed 75% of the eligible expenditure for the new Member States. |
| --- | --- | --- |

(3b)

(c)

Amendment 6

ARTICLE 1, POINT 4

Article 6, paragraph 2, point (d) (Decision 2004/465/EC)

| (4) | In Article 6, paragraph 2 the following point is added:









  (d) | for the actions referred to in Article 4(1)(i) and 4(1)(j), the rate may be 100% of the eligible expenditure; |
| --- | --- | --- |

(4)

(d)

Deleted

Amendment 7

ARTICLE 1, POINT 8A (new)

Article 17, paragraph 1a (new) (Decision 2004/465/EC)

| (8a) | In Article 17, the following paragraph is added:



  By 31 December 2006 at the latest and on the basis of the information provided by the Member States pursuant to Article 16, the Commission shall submit to the European Parliament and to the Council an interim report on the application of this Decision. |
| --- | --- |

(8a)

By 31 December 2006 at the latest and on the basis of the information provided by the Member States pursuant to Article 16, the Commission shall submit to the European Parliament and to the Council an interim report on the application of this Decision.

---

(1)  Not yet published in OJ.

(2)  
  45 days after the entry into force of this Decision.

P6_TA(2005)0516

Charging of heavy goods vehicles ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (9856/2005 — C6-0274/2005 — 2003/0175(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9856/2005 — C6-0274/2005), |
| --- | --- |

—

having regard to the Council common position (9856/2005 — C6-0274/2005),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0448) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0448) (2),

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

—

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

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

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0377/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0377/2005),

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  OJ C 104 E, 30.4.2004, p. 371.

(2)  Not yet published in OJ.

P6_TC2-COD(2003)0175

Position of the European Parliament adopted at second reading on 15 December 2005 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to Directive 1999/62/EC (1), and in particular Article 7 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (2),

Having regard to the Opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

| (1) | Eliminating distortions of competition between transport undertakings in the Member States, the proper functioning of the internal market and improved competitiveness all depend on fair mechanisms being established to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through Directive 1999/62/EC. |
| --- | --- |

(1)

Eliminating distortions of competition between transport undertakings in the Member States, the proper functioning of the internal market and improved competitiveness all depend on fair mechanisms being established to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through Directive 1999/62/EC.

| (2) | A fairer system of charging for the use of road infrastructure
  , based on the ‘user pays’ principle and the ability to apply the ‘polluter pays’ principle, for instance through the variation of tolls to take account of the environmental performance of vehicles,
  is crucial in order to encourage sustainable transport in the Community. The objective of making optimum use of the existing road network and achieving a significant reduction in its negative impact should be achieved
  in such a way as to avoid double taxation and
  without imposing additional burdens on operators, in the interests of sound economic growth and the proper functioning of the internal market
  , including outlying regions
  . |
| --- | --- |

(2)

A fairer system of charging for the use of road infrastructure
  , based on the ‘user pays’ principle and the ability to apply the ‘polluter pays’ principle, for instance through the variation of tolls to take account of the environmental performance of vehicles,
  is crucial in order to encourage sustainable transport in the Community. The objective of making optimum use of the existing road network and achieving a significant reduction in its negative impact should be achieved
  in such a way as to avoid double taxation and
  without imposing additional burdens on operators, in the interests of sound economic growth and the proper functioning of the internal market
  , including outlying regions
  .

| (3) | The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging when it adopted its resolution (5)
  on the conclusions of the White Paper on 12 February 2003. Following the Göteborg European Council of 15and
  16 June 2001, which drew particular attention to the issue of sustainable transport, the Copenhagen European Council of 12 and 13 December 2002 and the Brussels European Council of 20 and 21 March 2003 also welcomed the Commission's intention of presenting a new ‘Eurovignette’ Directive. |
| --- | --- |

(3)

The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging when it adopted its resolution (5)
  on the conclusions of the White Paper on 12 February 2003. Following the Göteborg European Council of 15and
  16 June 2001, which drew particular attention to the issue of sustainable transport, the Copenhagen European Council of 12 and 13 December 2002 and the Brussels European Council of 20 and 21 March 2003 also welcomed the Commission's intention of presenting a new ‘Eurovignette’ Directive.

| (4) | In paragraph 29 of the Presidency conclusions of its meeting in Göteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs. |
| --- | --- |

(4)

In paragraph 29 of the Presidency conclusions of its meeting in Göteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs.

| (5) | For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. A specific provision is needed to ensure clarity regarding the construction costs that may be taken into account. |
| --- | --- |

(5)

For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. A specific provision is needed to ensure clarity regarding the construction costs that may be taken into account.

| (6) | International road transport operations are concentrated on the trans-European road transport network. Furthermore, the proper functioning of the internal market is vital to commercial transport. Consequently, the Community framework should apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (6). Member States should, in accordance with the principle of subsidiarity, be free to apply tolls and/or user charges on roads other than those on the trans-European road network, in compliance with the Treaty.
  Where Member States choose to maintain or introduce tolls and/or user charges only on parts of the trans-European road network in their territory and not on others, for reasons such as their isolation or low levels of congestion or pollution or where essential for the introduction of a new tolling arrangement, the choice of the parts of the network subject to tolls or charges should not discriminate against international traffic and should not result in distortions of competition between operators. The same requirements should apply to cases where a Member State maintains or introduces tolls and/or user charges on roads not forming part of the trans-European road network, for example on parallel roads, with a view to managing traffic flows. |
| --- | --- |

(6)

International road transport operations are concentrated on the trans-European road transport network. Furthermore, the proper functioning of the internal market is vital to commercial transport. Consequently, the Community framework should apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (6). Member States should, in accordance with the principle of subsidiarity, be free to apply tolls and/or user charges on roads other than those on the trans-European road network, in compliance with the Treaty.
  Where Member States choose to maintain or introduce tolls and/or user charges only on parts of the trans-European road network in their territory and not on others, for reasons such as their isolation or low levels of congestion or pollution or where essential for the introduction of a new tolling arrangement, the choice of the parts of the network subject to tolls or charges should not discriminate against international traffic and should not result in distortions of competition between operators. The same requirements should apply to cases where a Member State maintains or introduces tolls and/or user charges on roads not forming part of the trans-European road network, for example on parallel roads, with a view to managing traffic flows.

| (7) | Where a Member State chooses to extend tolls and/or user charges beyond the trans-European road network, for example to include parallel roads to which traffic may be diverted from the trans-European road network and/or which are in direct competition with certain parts of that network, it should ensure coordination with the authorities responsible for these roads. |
| --- | --- |

(7)

Where a Member State chooses to extend tolls and/or user charges beyond the trans-European road network, for example to include parallel roads to which traffic may be diverted from the trans-European road network and/or which are in direct competition with certain parts of that network, it should ensure coordination with the authorities responsible for these roads.

| (8) | For reasons of cost efficiency in the implementation of tolling systems, the entire infrastructure to which a toll relates may not necessarily be subject to access restrictions controlling tolls charged. Member States may choose to implement this Directive through the use of tolls at only a particular point on the infrastructure to which the toll relates.
  This should not discriminate against non-local traffic. |
| --- | --- |

(8)

For reasons of cost efficiency in the implementation of tolling systems, the entire infrastructure to which a toll relates may not necessarily be subject to access restrictions controlling tolls charged. Member States may choose to implement this Directive through the use of tolls at only a particular point on the infrastructure to which the toll relates.
  This should not discriminate against non-local traffic.

| (9) | Tolls should be based on the principle of recovery of infrastructure costs. In cases where such infrastructures have been co-financed through the general budget of the European Union, the contribution made from Community funds should not be recovered through tolls, unless there are specific provisions in the relevant Community instruments which take into account future toll receipts in establishing the amount of Community co-financing. |
| --- | --- |

(9)

Tolls should be based on the principle of recovery of infrastructure costs. In cases where such infrastructures have been co-financed through the general budget of the European Union, the contribution made from Community funds should not be recovered through tolls, unless there are specific provisions in the relevant Community instruments which take into account future toll receipts in establishing the amount of Community co-financing.

| (10) | The fact that the user is able to take decisions which will influence the burden of tolls by choosing the least polluting vehicles and less congested periods or itineraries is an important component of a charging system. Member States should therefore be able to differentiate tolls according to a vehicle's emission category (‘EURO’ classification) and the level of damage it causes to roads, the place, the time and the amount of congestion. Such differentiation in the level of tolls should be proportionate to the objective pursued. |
| --- | --- |

(10)

The fact that the user is able to take decisions which will influence the burden of tolls by choosing the least polluting vehicles and less congested periods or itineraries is an important component of a charging system. Member States should therefore be able to differentiate tolls according to a vehicle's emission category (‘EURO’ classification) and the level of damage it causes to roads, the place, the time and the amount of congestion. Such differentiation in the level of tolls should be proportionate to the objective pursued.

| (11) | Aspects of commercial pricing for road infrastructure use not covered by this Directive should respect the rules of the Treaty. |
| --- | --- |

(11)

Aspects of commercial pricing for road infrastructure use not covered by this Directive should respect the rules of the Treaty.

| (12) | This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges. Such compensation should not lead to distortions of competition within the internal market and should be subject to the relevant provisions of Community law, in particular the minimum rates of vehicle taxes set out in Annex I to Directive 1999/62/EC and the provisions of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (7). |
| --- | --- |

(12)

This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges. Such compensation should not lead to distortions of competition within the internal market and should be subject to the relevant provisions of Community law, in particular the minimum rates of vehicle taxes set out in Annex I to Directive 1999/62/EC and the provisions of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (7).

| (13) | Where Member States levy tolls or user charges for use of roads in the trans-European road network, the roads subject to charging should be given appropriate priority in the maintenance schedules of Member States.
  Revenues from tolls or user charges should be used for the maintenance of the infrastructure concerned and the transport sector as a whole, in the interest of the balanced and sustainable development of transport networks. |
| --- | --- |

(13)

Where Member States levy tolls or user charges for use of roads in the trans-European road network, the roads subject to charging should be given appropriate priority in the maintenance schedules of Member States.
  Revenues from tolls or user charges should be used for the maintenance of the infrastructure concerned and the transport sector as a whole, in the interest of the balanced and sustainable development of transport networks.

| (14) | Particular attention should be devoted to mountain regions such as the Alps or the Pyrenees. The launch of major new infrastructure projects has often failed because the substantial financial resources they would require were not available. In such regions, users may therefore be required to pay a mark-up to finance essential projects of very high European value, including those involving another mode of transport in the same corridor. This amount should be linked to the financial needs of the project. It should also be linked to the basic level of the tolls in order to avoid artificially high charges in any one corridor, which could lead to traffic being diverted to other corridors, thereby causing local congestion problems and inefficient use of networks. |
| --- | --- |

(14)

Particular attention should be devoted to mountain regions such as the Alps or the Pyrenees. The launch of major new infrastructure projects has often failed because the substantial financial resources they would require were not available. In such regions, users may therefore be required to pay a mark-up to finance essential projects of very high European value, including those involving another mode of transport in the same corridor. This amount should be linked to the financial needs of the project. It should also be linked to the basic level of the tolls in order to avoid artificially high charges in any one corridor, which could lead to traffic being diverted to other corridors, thereby causing local congestion problems and inefficient use of networks.

| (15) | Fees should be non-discriminatory and their collection should not involve excessive formalities or create barriers at internal borders. Appropriate measures should therefore be taken to facilitate payment by occasional users, in particular where tolls and/or user charges are collected exclusively by means of a system that requires use of an electronic payment tool (on-board unit). |
| --- | --- |

(15)

Fees should be non-discriminatory and their collection should not involve excessive formalities or create barriers at internal borders. Appropriate measures should therefore be taken to facilitate payment by occasional users, in particular where tolls and/or user charges are collected exclusively by means of a system that requires use of an electronic payment tool (on-board unit).

| (16) | In order to prevent traffic being diverted because of different regimes between Member States and third countries, the Commission should try to ensure that, when negotiating international agreements, no measures are taken by third countries, such as a transit right trading system, that might have a discriminatory effect on transit traffic. |
| --- | --- |

(16)

In order to prevent traffic being diverted because of different regimes between Member States and third countries, the Commission should try to ensure that, when negotiating international agreements, no measures are taken by third countries, such as a transit right trading system, that might have a discriminatory effect on transit traffic.

| (17) | In order to ensure consistent, harmonised application of the infrastructure charging system, new tolling arrangements should calculate costs in accordance with
  the
  set of core principles
  set out in Annex II
  or be set at a level which does not go beyond that which would result from the application of these principles. These requirements should not apply to existing arrangements unless they are substantially modified in the future. Such substantial modifications would include any significant change to the original terms and conditions of the tolling scheme through modification of a contract with the tolling system operator but would exclude changes provided for in the original scheme. In the case of concession contracts, substantial modification could be implemented pursuant to a public procurement process. In order to achieve transparency without creating obstacles to the functioning of the market economy and public private partnerships, Member States must also communicate to the Commission, so that the Commission is in a position to give an opinion, the unit values and other parameters they intend to apply to calculate the various cost elements of the charges or, in the case of concession contracts, the relevant contract and base case. Opinions adopted by the Commission prior to the introduction of new tolling arrangements in Member States are entirely without prejudice to the Commission's obligation under the Treaty to ensure that Community law is applied. |
| --- | --- |

(17)

In order to ensure consistent, harmonised application of the infrastructure charging system, new tolling arrangements should calculate costs in accordance with
  the
  set of core principles
  set out in Annex II
  or be set at a level which does not go beyond that which would result from the application of these principles. These requirements should not apply to existing arrangements unless they are substantially modified in the future. Such substantial modifications would include any significant change to the original terms and conditions of the tolling scheme through modification of a contract with the tolling system operator but would exclude changes provided for in the original scheme. In the case of concession contracts, substantial modification could be implemented pursuant to a public procurement process. In order to achieve transparency without creating obstacles to the functioning of the market economy and public private partnerships, Member States must also communicate to the Commission, so that the Commission is in a position to give an opinion, the unit values and other parameters they intend to apply to calculate the various cost elements of the charges or, in the case of concession contracts, the relevant contract and base case. Opinions adopted by the Commission prior to the introduction of new tolling arrangements in Member States are entirely without prejudice to the Commission's obligation under the Treaty to ensure that Community law is applied.

| (18) | So as to enable an informed and objective decision to be taken in the future regarding the possible application of the ‘polluters pays’ principle for all modes of transport, by means of the internalisation of external costs, uniform calculation principles should be developed, based on scientifically recognised data. Any future decision on this question should take full account of the tax burden already borne by road haulage companies, including vehicle taxes and fuel excise duties. |
| --- | --- |

(18)

So as to enable an informed and objective decision to be taken in the future regarding the possible application of the ‘polluters pays’ principle for all modes of transport, by means of the internalisation of external costs, uniform calculation principles should be developed, based on scientifically recognised data. Any future decision on this question should take full account of the tax burden already borne by road haulage companies, including vehicle taxes and fuel excise duties.

| (19) | The Commission should begin work on developing a generally applicable, transparent and comprehensible model for the assessment of external costs for all modes of transport to serve as the basis for future calculations of infrastructure charges. In carrying out this work the Commission should examine all possible options regarding the composition of the external costs to be taken into account, having regard to the elements listed in its 2001 White Paper ‘European Transport Policy for 2010’, carefully assessing the impact that internalisation of the various cost options would have. The European Parliament and the Council will examine diligently any such proposal of the Commission for further revision of Directive 1999/62/EC. |
| --- | --- |

(19)

The Commission should begin work on developing a generally applicable, transparent and comprehensible model for the assessment of external costs for all modes of transport to serve as the basis for future calculations of infrastructure charges. In carrying out this work the Commission should examine all possible options regarding the composition of the external costs to be taken into account, having regard to the elements listed in its 2001 White Paper ‘European Transport Policy for 2010’, carefully assessing the impact that internalisation of the various cost options would have. The European Parliament and the Council will examine diligently any such proposal of the Commission for further revision of Directive 1999/62/EC.

| (20) | Further technical progress is still needed to develop the system of charging for the use of road infrastructure. There should be a procedure allowing the Commission to adapt the requirements of Directive 1999/62/EC to technical progress following consultation with Member States for this purpose. |
| --- | --- |

(20)

Further technical progress is still needed to develop the system of charging for the use of road infrastructure. There should be a procedure allowing the Commission to adapt the requirements of Directive 1999/62/EC to technical progress following consultation with Member States for this purpose.

| (21) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). |
| --- | --- |

(21)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

| (22) | Since the objective of this Directive, namely to harmonise the conditions applicable to tolls and user charges for the use of road infrastructure, cannot be satisfactorily achieved by the Member States acting alone and can therefore, by reason of its European dimension and with a view to safeguarding the internal market for transport, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(22)

Since the objective of this Directive, namely to harmonise the conditions applicable to tolls and user charges for the use of road infrastructure, cannot be satisfactorily achieved by the Member States acting alone and can therefore, by reason of its European dimension and with a view to safeguarding the internal market for transport, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

| (23) | Directive 1999/62/EC should be amended accordingly, |
| --- | --- |

(23)

Directive 1999/62/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/62/EC is hereby amended as follows:

| 1) | Article 2 shall be amended as follows:






  (a) | point (a) shall be replaced by the following:






  ‘(a) | ‘trans-European road network’ means the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (9) as illustrated by maps. The maps refer to the corresponding sections mentioned in the operative part of and/or in Annex II to that Decision; |
| --- | --- | --- | --- |

1)

Article 2 shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘(a)

‘trans-European road network’ means the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (9) as illustrated by maps. The maps refer to the corresponding sections mentioned in the operative part of and/or in Annex II to that Decision;

| (b) | the following points shall be inserted:






  ‘(aa) | ‘construction costs’ means the costs related to construction, including, where appropriate, the financing costs, of:






  — | new infrastructure or new infrastructure improvements (including significant structural repairs); or |
| --- | --- | --- | --- |

(b)

the following points shall be inserted:

‘(aa)

‘construction costs’ means the costs related to construction, including, where appropriate, the financing costs, of:

—

new infrastructure or new infrastructure improvements (including significant structural repairs); or

| — | infrastructure or infrastructure improvements (including significant structural repairs) completed no more than 30 years before ... (10), where tolling arrangements are already in place on ... (10), or completed no more than 30 years before the establishment of any new tolling arrangements introduced after ... (10); costs regarding infrastructure or infrastructure improvements completed before these time limits may also be considered as construction costs where:






  (i) | a Member State has established a tolling system which provides for the recovery of these costs by means of a contract with a tolling system operator, or other legal acts having equivalent effect, which enter into force before ... (10), or |
| --- | --- | --- |

—

infrastructure or infrastructure improvements (including significant structural repairs) completed no more than 30 years before ... (10), where tolling arrangements are already in place on ... (10), or completed no more than 30 years before the establishment of any new tolling arrangements introduced after ... (10); costs regarding infrastructure or infrastructure improvements completed before these time limits may also be considered as construction costs where:

(i)

a Member State has established a tolling system which provides for the recovery of these costs by means of a contract with a tolling system operator, or other legal acts having equivalent effect, which enter into force before ... (10), or

| (ii) | a Member State can demonstrate that the case for building the infrastructure in question depended on its having a design lifetime in excess of 30 years. |
| --- | --- |

(ii)

a Member State can demonstrate that the case for building the infrastructure in question depended on its having a design lifetime in excess of 30 years.

In any event, the proportion of the construction costs to be taken into account shall not exceed the proportion of the current design lifetime period of infrastructure components still to run on ... (10) or on the date when the new tolling arrangements are introduced, where this is a later date.

Costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure designed to reduce nuisance related to noise or to improve road safety and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination;

| (ab) | ‘financing costs’ means interest on borrowings and/or return on any equity funding contributed by shareholders; |
| --- | --- |

(ab)

‘financing costs’ means interest on borrowings and/or return on any equity funding contributed by shareholders;

| (ac) | ‘significant structural repairs’ means structural repairs excluding those repairs no longer of any current benefit to road users, e.g. where the repair work has been replaced by further road resurfacing or other construction work; |
| --- | --- |

(ac)

‘significant structural repairs’ means structural repairs excluding those repairs no longer of any current benefit to road users, e.g. where the repair work has been replaced by further road resurfacing or other construction work;

| (c) | point (b) shall be replaced by the following:






  ‘(b) | ‘toll’ means a specified amount payable for a vehicle travelling a given distance on the infrastructures referred to in Article 7(1); the amount shall be based on the distance travelled and the type of vehicle;’ |
| --- | --- | --- |

(c)

point (b) shall be replaced by the following:

‘(b)

‘toll’ means a specified amount payable for a vehicle travelling a given distance on the infrastructures referred to in Article 7(1); the amount shall be based on the distance travelled and the type of vehicle;’

| (d) | the following point shall be inserted:






  ‘(ba) | ‘weighted average toll’ means the total revenue raised through tolls over a given period divided by the number of vehicle kilometres travelled on a given network subject to tolling during that period, both the revenue and the vehicle kilometres being calculated for the vehicles to which tolls apply;’ |
| --- | --- | --- |

(d)

the following point shall be inserted:

‘(ba)

‘weighted average toll’ means the total revenue raised through tolls over a given period divided by the number of vehicle kilometres travelled on a given network subject to tolling during that period, both the revenue and the vehicle kilometres being calculated for the vehicles to which tolls apply;’

| (e) | points (c), (d), (e) and (f) shall be replaced by the following:






  ‘(c) | ‘user charge’ means a specified amount payment of which confers the right for a vehicle to use for a given period the infrastructures referred to in Article 7(1); |
| --- | --- | --- |

(e)

points (c), (d), (e) and (f) shall be replaced by the following:

‘(c)

‘user charge’ means a specified amount payment of which confers the right for a vehicle to use for a given period the infrastructures referred to in Article 7(1);

| (d) | ‘vehicle’ means a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods and having a maximum permissible laden weight of over 3,5 tonnes; |
| --- | --- |

(d)

‘vehicle’ means a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods and having a maximum permissible laden weight of over 3,5 tonnes;

| (e) | vehicle of the ‘EURO 0’, ‘EURO I’, ‘EURO II’, ‘EURO III’, ‘EURO IV’, ‘EURO V’, ‘EEV’ category means a vehicle that complies with the emission limits set out in Annex 0; |
| --- | --- |

(e)

vehicle of the ‘EURO 0’, ‘EURO I’, ‘EURO II’, ‘EURO III’, ‘EURO IV’, ‘EURO V’, ‘EEV’ category means a vehicle that complies with the emission limits set out in Annex 0;

| (f) | ‘type of vehicle’ means a category into which a vehicle falls according to the number of its axles, its dimensions or weight, or other vehicle classification factors reflecting road damage, e.g. the road damage classification system set out in Annex IV, provided that the classification system used is based on vehicle characteristics which either appear in the vehicle documentation used in all Member States or are visually apparent.’ |
| --- | --- |

(f)

‘type of vehicle’ means a category into which a vehicle falls according to the number of its axles, its dimensions or weight, or other vehicle classification factors reflecting road damage, e.g. the road damage classification system set out in Annex IV, provided that the classification system used is based on vehicle characteristics which either appear in the vehicle documentation used in all Member States or are visually apparent.’

| (f) | the following points shall be added:






  ‘(g) | ‘concession contract’ means a ‘public works concession’ or a ‘service concession’ as defined in Article 1 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11); |
| --- | --- | --- |

(f)

the following points shall be added:

‘(g)

‘concession contract’ means a ‘public works concession’ or a ‘service concession’ as defined in Article 1 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11);

| (h) | ‘concession toll’ means a toll levied by a concessionaire under a concession contract. |
| --- | --- |

(h)

‘concession toll’ means a toll levied by a concessionaire under a concession contract.

| 2) | Article 7 is hereby amended as follows:






  (a) | paragraphs 1, 2, 3 and 4 shall be replaced by the following:
  ‘1.   Member States may maintain or introduce tolls and/or user charges on the trans-European road network, or on parts of that network, only under the conditions set out in paragraphs 2 to 12. This shall be without prejudice to the right of Member States
  , in compliance with the Treaty,
  to apply tolls and/or user charges on roads not included in the trans-European road network
  , inter alia on parallel roads to which traffic may be diverted from the trans-European road network and/or which are in direct competition with certain parts of that network,
  or to other types of motor vehicle not covered by the definition of ‘vehicle’ on the trans-European road network,
  provided that the imposition of tolls and/or user charges on such roads does not discriminate against international traffic and does not result in distortions of competition between operators
  .


  1a.
     
  Where a Member State decides to maintain or introduce tolls and/or user charges on only parts of the trans-European road network, the resulting exemptions for the other parts (for reasons such as their isolation or low levels of congestion or pollution or where essential for the introduction of a new tolling arrangement) shall not result in any discrimination against international traffic.








  2. | (a) | A Member State may choose to maintain or introduce tolls and/or user charges applicable only to vehicles having a maximum permissible laden weight of not less than 12 tonnes. Where a Member State chooses to apply tolls and/or user charges to vehicles below this weight limit, the provisions of this Directive shall apply. |
| --- | --- | --- | --- | --- |
| (b) | Tolls and/or user charges shall be applied to all vehicles from 2012. |
| (c) | A Member State may derogate from the requirement set out in point (b) where it considers that the extension of tolling to vehicles of less than 12 tonnes would:








  — | create significant adverse effects on the free flow of traffic, the environment, noise levels, congestion or health; or |

2)

Article 7 is hereby amended as follows:

(a)

paragraphs 1, 2, 3 and 4 shall be replaced by the following:

‘1.   Member States may maintain or introduce tolls and/or user charges on the trans-European road network, or on parts of that network, only under the conditions set out in paragraphs 2 to 12. This shall be without prejudice to the right of Member States
  , in compliance with the Treaty,
  to apply tolls and/or user charges on roads not included in the trans-European road network
  , inter alia on parallel roads to which traffic may be diverted from the trans-European road network and/or which are in direct competition with certain parts of that network,
  or to other types of motor vehicle not covered by the definition of ‘vehicle’ on the trans-European road network,
  provided that the imposition of tolls and/or user charges on such roads does not discriminate against international traffic and does not result in distortions of competition between operators
  .

1a.
     
  Where a Member State decides to maintain or introduce tolls and/or user charges on only parts of the trans-European road network, the resulting exemptions for the other parts (for reasons such as their isolation or low levels of congestion or pollution or where essential for the introduction of a new tolling arrangement) shall not result in any discrimination against international traffic.

2.

(a)

A Member State may choose to maintain or introduce tolls and/or user charges applicable only to vehicles having a maximum permissible laden weight of not less than 12 tonnes. Where a Member State chooses to apply tolls and/or user charges to vehicles below this weight limit, the provisions of this Directive shall apply.

(b)

Tolls and/or user charges shall be applied to all vehicles from 2012.

(c)

A Member State may derogate from the requirement set out in point (b) where it considers that the extension of tolling to vehicles of less than 12 tonnes would:

—

create significant adverse effects on the free flow of traffic, the environment, noise levels, congestion or health; or

| — | involve administrative costs which would be more than 30% of additional revenue generated. |
| --- | --- |

—

involve administrative costs which would be more than 30% of additional revenue generated.

3.   Tolls and user charges may not both be imposed at the same time on any given category of vehicle for the use of a single road section. However, Member States may also impose tolls on networks where user charges are levied for the use of bridges, tunnels and mountain passes.

4.   Tolls and user charges may not discriminate, directly or indirectly, on the grounds of nationality of the haulier, the country or place of establishment of the haulier or of registration of the vehicle, or the origin or destination of the transport operation.’

| (b) | the following paragraphs shall be inserted:
  ‘4a.   Member States may provide for reduced toll rates or user charges or exemptions from the obligation to pay tolls or user charges for vehicles exempted from the requirement to install and use recording equipment under Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (12), and in the cases covered by, and subject to the conditions contained in, Article 6(2)(a) and (b) of this Directive.
  4b.   As charging structures involving discounts or reductions in tolls for frequent users may lead to actual savings in administrative costs for the infrastructure operator, Member States may provide for such discounts or reductions on condition that:






  — | they fulfil the conditions set out in paragraph 10(a); |
| --- | --- | --- |

(b)

the following paragraphs shall be inserted:

‘4a.   Member States may provide for reduced toll rates or user charges or exemptions from the obligation to pay tolls or user charges for vehicles exempted from the requirement to install and use recording equipment under Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (12), and in the cases covered by, and subject to the conditions contained in, Article 6(2)(a) and (b) of this Directive.

4b.   As charging structures involving discounts or reductions in tolls for frequent users may lead to actual savings in administrative costs for the infrastructure operator, Member States may provide for such discounts or reductions on condition that:

—

they fulfil the conditions set out in paragraph 10(a);

| — | they comply with the Treaty, in particular Articles 12, 49, 86 and 87 thereof; |
| --- | --- |

—

they comply with the Treaty, in particular Articles 12, 49, 86 and 87 thereof;

| — | they do not distort competition in the internal market; |
| --- | --- |

—

they do not distort competition in the internal market;

| — | the resulting charging structure is linear, proportionate, available to all users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls. |
| --- | --- |

—

the resulting charging structure is linear, proportionate, available to all users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls.

Such discounts or reductions shall in no case exceed 13% of the toll paid by equivalent vehicles not eligible for the discount or reduction.

4c.   All discount and reduction schemes shall be communicated to the Commission, which shall verify compliance with the conditions set out in paragraphs 4a and 4b and shall approve them in accordance with the procedure referred to in Article 9c(2).

| (c) | Paragraph 6 shall be replaced by the following:
  ‘6.   The arrangements for the collection of tolls and/or user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage. In particular, where a Member State collects tolls and/or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall make available the appropriate on-board units under reasonable administrative and economic arrangements.’ |
| --- | --- |

(c)

Paragraph 6 shall be replaced by the following:

‘6.   The arrangements for the collection of tolls and/or user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage. In particular, where a Member State collects tolls and/or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall make available the appropriate on-board units under reasonable administrative and economic arrangements.’

| (d) | the second and third subparagraphs of paragraph 7 shall be deleted; |
| --- | --- |

(d)

the second and third subparagraphs of paragraph 7 shall be deleted;

| (e) | paragraphs 9 and 10 shall be replaced by the following:
  ‘9.   Tolls shall be based on the principle of the recovery of infrastructure costs only. Specifically the weighted average tolls shall be related to the construction costs and the costs of operating, maintaining and developing the infrastructure network concerned. The weighted average tolls may also include a return on capital or profit margin based on market conditions.






  10. | (a) | Without prejudice to the weighted average tolls referred to in paragraph 9, Member States may vary the toll rates for purposes such as combating environmental damage, tackling congestion, minimising infrastructure damage, optimising the use of the infrastructure concerned or promoting road safety, provided that such variation:






  — | is proportionate to the objective pursued; |
| --- | --- | --- | --- | --- |

(e)

paragraphs 9 and 10 shall be replaced by the following:

‘9.   Tolls shall be based on the principle of the recovery of infrastructure costs only. Specifically the weighted average tolls shall be related to the construction costs and the costs of operating, maintaining and developing the infrastructure network concerned. The weighted average tolls may also include a return on capital or profit margin based on market conditions.

10.

(a)

Without prejudice to the weighted average tolls referred to in paragraph 9, Member States may vary the toll rates for purposes such as combating environmental damage, tackling congestion, minimising infrastructure damage, optimising the use of the infrastructure concerned or promoting road safety, provided that such variation:

—

is proportionate to the objective pursued;

| — | is transparent and non-discriminatory particularly regarding the nationality of the haulier, the country or place of establishment of the haulier or of registration of the vehicle, and the origin or destination of the transport operation; |
| --- | --- |

—

is transparent and non-discriminatory particularly regarding the nationality of the haulier, the country or place of establishment of the haulier or of registration of the vehicle, and the origin or destination of the transport operation;

| — | is not designed to generate additional tolling revenue, any unintended increase in revenue (leading to weighted average tolls which are not in accordance with paragraph 9) being counterbalanced through changes to the structure of the variation which must be implemented within two years of the end of the accounting year in which the additional revenue is generated; |
| --- | --- |

—

is not designed to generate additional tolling revenue, any unintended increase in revenue (leading to weighted average tolls which are not in accordance with paragraph 9) being counterbalanced through changes to the structure of the variation which must be implemented within two years of the end of the accounting year in which the additional revenue is generated;

| — | respects the maximum flexibility thresholds set out in point (b). |
| --- | --- |

—

respects the maximum flexibility thresholds set out in point (b).

(b)

Subject to the conditions of point (a), toll rates may be varied according to:

| — | EURO emission class as set out in Annex 0,
  including the level of PM and NOX,
  provided that no toll is more than 100 % above the toll charged for equivalent vehicles meeting the strictest emission standards; and/or |
| --- | --- |

—

EURO emission class as set out in Annex 0,
  including the level of PM and NOX,
  provided that no toll is more than 100 % above the toll charged for equivalent vehicles meeting the strictest emission standards; and/or

| — | the time of day, type of day or season, provided that:






  (i) | no toll is more than 100 % above the toll charged during the cheapest period of the day, type of day or season; or |
| --- | --- | --- |

—

the time of day, type of day or season, provided that:

(i)

no toll is more than 100 % above the toll charged during the cheapest period of the day, type of day or season; or

| (ii) | where the cheapest period is zero-rated, the penalty for the most expensive time of day, type of day or season is no more than 50 % of the level of toll that would otherwise be applicable to the vehicle in question. |
| --- | --- |

(ii)

where the cheapest period is zero-rated, the penalty for the most expensive time of day, type of day or season is no more than 50 % of the level of toll that would otherwise be applicable to the vehicle in question.

| (i) | this would seriously undermine the coherence of the tolling systems in its territory; |
| --- | --- |

(i)

this would seriously undermine the coherence of the tolling systems in its territory;

| (ii) | for the tolling system concerned, it would not be technically practicable to introduce such differentiation; or |
| --- | --- |

(ii)

for the tolling system concerned, it would not be technically practicable to introduce such differentiation; or

| (iii) | this would lead to diversion of the most polluting vehicles away from the trans-European road network with consequential impacts on road safety and public health. |
| --- | --- |

(iii)

this would lead to diversion of the most polluting vehicles away from the trans-European road network with consequential impacts on road safety and public health.

(c)

Subject to the conditions of point (a), toll rates may in exceptional cases for specific projects of high European interest be subject to other forms of variation in order to secure the commercial viability of such projects, when they are exposed to direct competition with other modes of transport for vehicles. The resulting charging structure shall be linear, proportionate, openly published, available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls. The Commission shall verify compliance with the conditions of this point prior to the implementation of the charging structure in question.’

| (f) | the following paragraphs shall be added:
  ‘11.   
  Without prejudice to Article 9(1), in
  exceptional cases concerning infrastructure in mountainous regions and after informing the Commission, a mark-up may be added to the tolls of specific road sections:






  (a) | which are the subject of acute congestion affecting the free movement of vehicles; or |
| --- | --- | --- |

(f)

the following paragraphs shall be added:

‘11.   
  Without prejudice to Article 9(1), in
  exceptional cases concerning infrastructure in mountainous regions and after informing the Commission, a mark-up may be added to the tolls of specific road sections:

(a)

which are the subject of acute congestion affecting the free movement of vehicles; or

| (b) | the use of which by vehicles is the cause of significant environmental damage, |
| --- | --- |

(b)

the use of which by vehicles is the cause of significant environmental damage,

on condition that:

| — | the revenue generated from the mark-up is invested in priority projects of European interest identified in Annex III to Decision No 884/2004/EC, which contribute directly to the alleviation of the congestion or environmental damage in question and which are located in the same corridor as the road section on which the mark-up is applied; |
| --- | --- |

—

the revenue generated from the mark-up is invested in priority projects of European interest identified in Annex III to Decision No 884/2004/EC, which contribute directly to the alleviation of the congestion or environmental damage in question and which are located in the same corridor as the road section on which the mark-up is applied;

| — | the mark-up, which may be applied to tolls varied in accordance with paragraph 10, does not exceed 15 % of the weighted average toll calculated in accordance with paragraph 9 except where the revenue generated is invested in cross-border sections of priority projects of European interest involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25 %; |
| --- | --- |

—

the mark-up, which may be applied to tolls varied in accordance with paragraph 10, does not exceed 15 % of the weighted average toll calculated in accordance with paragraph 9 except where the revenue generated is invested in cross-border sections of priority projects of European interest involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25 %;

| — | the application of the mark-up does not result in unfair treatment of commercial traffic compared to other road users; |
| --- | --- |

—

the application of the mark-up does not result in unfair treatment of commercial traffic compared to other road users;

| — | financial plans for the infrastructure on which the mark-up is applied and a cost/benefit analysis for the new infrastructure project are submitted to the Commission in advance of the mark-up's application; |
| --- | --- |

—

financial plans for the infrastructure on which the mark-up is applied and a cost/benefit analysis for the new infrastructure project are submitted to the Commission in advance of the mark-up's application;

| — | the period for which the mark-up is to apply is defined and limited in advance and is consistent in terms of the expected revenue to be raised with the financial plans and cost/benefit analysis submitted.
  Application of this provision to new cross-border projects shall be subject to the agreement of the Member States concerned.
  When the Commission receives the financial plans from a Member State intending to apply a mark-up, it shall make this information available to the members of the Committee referred to in Article 9c(1). Should the Commission consider that the planned mark-up does not meet the conditions set out in this paragraph, or if it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may reject or request modification of the plans for charges submitted by the Member State concerned, in accordance with the procedure referred to in Article 9c(2). |
| --- | --- |

—

the period for which the mark-up is to apply is defined and limited in advance and is consistent in terms of the expected revenue to be raised with the financial plans and cost/benefit analysis submitted.

Application of this provision to new cross-border projects shall be subject to the agreement of the Member States concerned.

When the Commission receives the financial plans from a Member State intending to apply a mark-up, it shall make this information available to the members of the Committee referred to in Article 9c(1). Should the Commission consider that the planned mark-up does not meet the conditions set out in this paragraph, or if it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may reject or request modification of the plans for charges submitted by the Member State concerned, in accordance with the procedure referred to in Article 9c(2).

12.   Where a driver is unable to produce the vehicle documents necessary to ascertain the information referred to in the first indent of paragraph 10(b), and the type of vehicle in the event of a check, Member States may apply tolls up to the highest level chargeable.’

| 3) | The following Article shall be inserted:
  ‘Article 7a
  1.   In determining the levels of weighted average tolls to be charged on the infrastructure network concerned or a clearly defined part of such a network, Member States shall take into account the various costs set out in Article 7(9). The costs taken into account shall relate to the network or part of the network on which tolls are levied and to the vehicles that are subject to the tolling. Member States may choose not to recover these costs through toll revenue or to recover only a percentage of the costs.
  2.   Tolls shall be determined in accordance with Article 7 and paragraph 1 of this Article.
  3.   For new tolling arrangements other than those involving concession tolls put in place by Member States after ... (13), Member States shall calculate costs using a methodology based on the core calculation principles set out in Annex III.
  For new concession tolls put in place after ... (13), the maximum level of tolls shall be equivalent to, or less than, the level that would have resulted from the use of a methodology based on the core calculation principles set out in Annex III. The assessment of such an equivalence shall be made on the basis of a reasonably long reference period appropriate to the nature of a concession contract.
  Tolling arrangements already in place on ... (13) or for which tenders or responses to invitations to negotiate under the negotiated procedure have been received pursuant to a public procurement process before ... (13) shall not be subject to the obligations set out in this paragraph, for as long as these arrangements remain in force and provided that they are not substantially modified.
  4.   Member States shall communicate to the Commission at least four months before the implementation of a new tolling arrangement:






  (a) | for tolling arrangements other than those involving concession tolls:






  — | the unit values and other parameters they use in calculating the various cost elements; and |
| --- | --- | --- | --- |

3)

The following Article shall be inserted:

‘Article 7a

1.   In determining the levels of weighted average tolls to be charged on the infrastructure network concerned or a clearly defined part of such a network, Member States shall take into account the various costs set out in Article 7(9). The costs taken into account shall relate to the network or part of the network on which tolls are levied and to the vehicles that are subject to the tolling. Member States may choose not to recover these costs through toll revenue or to recover only a percentage of the costs.

2.   Tolls shall be determined in accordance with Article 7 and paragraph 1 of this Article.

3.   For new tolling arrangements other than those involving concession tolls put in place by Member States after ... (13), Member States shall calculate costs using a methodology based on the core calculation principles set out in Annex III.

For new concession tolls put in place after ... (13), the maximum level of tolls shall be equivalent to, or less than, the level that would have resulted from the use of a methodology based on the core calculation principles set out in Annex III. The assessment of such an equivalence shall be made on the basis of a reasonably long reference period appropriate to the nature of a concession contract.

Tolling arrangements already in place on ... (13) or for which tenders or responses to invitations to negotiate under the negotiated procedure have been received pursuant to a public procurement process before ... (13) shall not be subject to the obligations set out in this paragraph, for as long as these arrangements remain in force and provided that they are not substantially modified.

4.   Member States shall communicate to the Commission at least four months before the implementation of a new tolling arrangement:

(a)

for tolling arrangements other than those involving concession tolls:

—

the unit values and other parameters they use in calculating the various cost elements; and

| — | clear information on the vehicles covered by their tolling regime and the geographic extent of the network, or part of the network, used for each cost calculation and the percentage of costs that they are seeking to recover; |
| --- | --- |

—

clear information on the vehicles covered by their tolling regime and the geographic extent of the network, or part of the network, used for each cost calculation and the percentage of costs that they are seeking to recover;

| (b) | for tolling arrangements involving concession tolls:






  — | the concession contracts or significant changes to such contracts; |
| --- | --- | --- |

(b)

for tolling arrangements involving concession tolls:

—

the concession contracts or significant changes to such contracts;

| — | the base case on which the grantor has founded the notice of concession, as referred to in Annex VII B to Directive 2004/18/EC; this base case shall include the estimated costs as defined in Article 7(9) envisaged under the concession, the forecasted traffic divided into types of vehicle, the levels of tolls envisaged and the geographic extent of the network covered by the concession contract. |
| --- | --- |

—

the base case on which the grantor has founded the notice of concession, as referred to in Annex VII B to Directive 2004/18/EC; this base case shall include the estimated costs as defined in Article 7(9) envisaged under the concession, the forecasted traffic divided into types of vehicle, the levels of tolls envisaged and the geographic extent of the network covered by the concession contract.

5.
     
  Member States shall also inform the Commission at least four months before their implementation about new tolling arrangements applicable to parallel roads to which traffic may be diverted from the trans-European road network and/or which are in direct competition with certain parts of that network on which tolls are levied. This information shall include at least an explanation of the geographic extent of the network covered by the toll, the vehicles covered and the levels of toll envisaged, together with an explanation of how the level of toll was determined.

6.   For the cases subject to the obligations in paragraph 3 the Commission shall, within four months of receiving the information in accordance with paragraph 4, give an opinion as to whether these obligations appear to have been fulfilled.

For the tolling arrangements referred to in paragraph 5, the Commission may also give an opinion, in particular regarding the proportionality and the transparency of the proposed arrangements and their likely impact on competition in the context of the internal market and the free movement of goods
  .

The opinions of the Commission shall be made available to the Committee referred to in Article 9c(1).

7.   Where a Member State wishes to apply the provisions contained in Article 7(11) in respect of tolling arrangements already in place on ... (13), the Member State concerned shall provide information that demonstrates that the weighted average toll being applied to the infrastructure concerned complies with Articles 2(aa), 7(9) and 7(10).

| 4) | The following Article shall be inserted:


  ‘
  Article 7b




  This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges.
  ’ |
| --- | --- |

4)

The following Article shall be inserted:

‘
  Article 7b

This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges.
  ’

| 5) | Article 8(2)(b) shall be replaced by the following:






  ‘(b) | payment of the common user charge shall give access to the network as defined by the participating Member States in accordance with Article 7(1);’ |
| --- | --- | --- |

5)

Article 8(2)(b) shall be replaced by the following:

‘(b)

payment of the common user charge shall give access to the network as defined by the participating Member States in accordance with Article 7(1);’

| 6) | The following Article shall be inserted:
  ‘Article 8a
  Each Member State shall monitor the system of tolls and/or user charges to ensure that it functions in a transparent and non-discriminatory manner.’ |
| --- | --- |

6)

The following Article shall be inserted:

‘Article 8a

Each Member State shall monitor the system of tolls and/or user charges to ensure that it functions in a transparent and non-discriminatory manner.’

| 7) | Article 9 shall be amended as follows:






  (a) | paragraph
  1
  shall be replaced by the following
  :
  ‘
  1.
     
  This Directive shall not prevent the non-discriminatory application by Member States of:










  (a) | specific taxes or charges:








  — | levied upon registration of the vehicle, or |
| --- | --- | --- | --- | --- |

7)

Article 9 shall be amended as follows:

(a)

paragraph
  1
  shall be replaced by the following
  :

‘
  1.
     
  This Directive shall not prevent the non-discriminatory application by Member States of:

(a)

specific taxes or charges:

—

levied upon registration of the vehicle, or

| — | imposed on vehicles or loads of abnormal weights or dimensions; |
| --- | --- |

—

imposed on vehicles or loads of abnormal weights or dimensions;

| (b) | parking fees and specific urban traffic charges. |
| --- | --- |

(b)

parking fees and specific urban traffic charges.

1a.
     
  This Directive shall not prevent the non-discriminatory application by Member States of:

| (a) | regulatory charges specifically designed to combat time and place-related traffic congestion; |
| --- | --- |

(a)

regulatory charges specifically designed to combat time and place-related traffic congestion;

| (b) | regulatory charges designed to combat environmental impacts, including poor air quality |
| --- | --- |

(b)

regulatory charges designed to combat environmental impacts, including poor air quality

on any road, notably in urban areas, including trans-European road network roads crossing an urban area.
  ’

| (b) | paragraph 2 shall be replaced by the following:
  ‘2.   
  Member
  States shall determine the use to be made of revenue from charges for the use of road infrastructure. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system.’ |
| --- | --- |

(b)

paragraph 2 shall be replaced by the following:

‘2.   
  Member
  States shall determine the use to be made of revenue from charges for the use of road infrastructure. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system.’

| 8) | The following Articles shall be inserted:
  ‘Article 9a
  Member States shall establish appropriate controls and determine the system of penalties applicable to infringements of the national provisions adopted under this Directive; they shall take all necessary measures to ensure that they are implemented. The penalties established must be effective, proportionate and dissuasive.
  Article 9b
  The Commission shall facilitate dialogue and the exchange of technical know-how between Member States in relation to the implementation of this Directive and in particular Annex III. The Commission shall update and clarify Annexes 0, III and IV in the light of technical progress and Annexes I and II in the light of inflation, in accordance with the procedure referred to in Article 9c(3).
  Article 9c
  1.   The Commission shall be assisted by a Committee.
  2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
  3.   Where reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
  The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
  4.   The Committee shall adopt its rules of procedure.’ |
| --- | --- |

8)

The following Articles shall be inserted:

‘Article 9a

Member States shall establish appropriate controls and determine the system of penalties applicable to infringements of the national provisions adopted under this Directive; they shall take all necessary measures to ensure that they are implemented. The penalties established must be effective, proportionate and dissuasive.

Article 9b

The Commission shall facilitate dialogue and the exchange of technical know-how between Member States in relation to the implementation of this Directive and in particular Annex III. The Commission shall update and clarify Annexes 0, III and IV in the light of technical progress and Annexes I and II in the light of inflation, in accordance with the procedure referred to in Article 9c(3).

Article 9c

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

4.   The Committee shall adopt its rules of procedure.’

| 9) | Article 11 shall be replaced by the following:
  ‘Article 11
  No later than ... (14), the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, taking account of developments in technology and the trend in traffic density
  , including the use of vehicles of more than 3,5 and less than 12 tonnes
  , and evaluating its impact on the internal market, including on island, landlocked and peripheral regions of the Community, levels of investment in the sector and its contribution to the objectives of a sustainable transport
  policy
  .


  Member
  States shall forward the necessary information
  for the report
  to the Commission no later than ... (15).


  No later than ...

   (16)

  , the Commission shall present, after examining all options including environment, noise, congestion and health related costs, a generally applicable, transparent, and comprehensible model for the assessment of external costs for all modes of transport to serve as the basis for future calculations of infrastructure charges. This model shall be accompanied by an impact analysis of the internalisation of external costs for all modes of transport and a strategy for a stepwise implementation of the model for all modes of transport.




  The report and the model shall be accompanied, if appropriate, by proposals to the European Parliament and the Council for further revision of this Directive. |
| --- | --- |

9)

Article 11 shall be replaced by the following:

‘Article 11

No later than ... (14), the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, taking account of developments in technology and the trend in traffic density
  , including the use of vehicles of more than 3,5 and less than 12 tonnes
  , and evaluating its impact on the internal market, including on island, landlocked and peripheral regions of the Community, levels of investment in the sector and its contribution to the objectives of a sustainable transport
  policy
  .

Member
  States shall forward the necessary information
  for the report
  to the Commission no later than ... (15).

No later than ...

   (16)

  , the Commission shall present, after examining all options including environment, noise, congestion and health related costs, a generally applicable, transparent, and comprehensible model for the assessment of external costs for all modes of transport to serve as the basis for future calculations of infrastructure charges. This model shall be accompanied by an impact analysis of the internalisation of external costs for all modes of transport and a strategy for a stepwise implementation of the model for all modes of transport.

The report and the model shall be accompanied, if appropriate, by proposals to the European Parliament and the Council for further revision of this Directive.

| 10) | The table in Annex II indicating the amount of annual charges shall be replaced by the following: | maximum three axles | minimum four axles |
| --- | --- | --- | --- |
| EURO
  0 | 1 332 | 2 233 |
| EURO
  I | 1158 | 1933 |
| EURO
  II | 1008 | 1681 |
| EURO
  III | 876 | 1461 |
| EURO
  IV and less polluting | 797 | 1329 |

10)

The table in Annex II indicating the amount of annual charges shall be replaced by the following:

maximum three axles

minimum four axles

EURO
  0

1 332

2 233

EURO
  I

1158

1933

EURO
  II

1008

1681

EURO
  III

876

1461

EURO
  IV and less polluting

797

1329

| 11) | The last sentence of Annex II shall be replaced by the following:
  ‘The daily user charge is equal for all vehicle categories and amounts to EUR 11.’ |
| --- | --- |

11)

The last sentence of Annex II shall be replaced by the following:

‘The daily user charge is equal for all vehicle categories and amounts to EUR 11.’

| 12) | Annex 0, the text of which appears in Annex I to this Directive, shall be inserted; |
| --- | --- |

12)

Annex 0, the text of which appears in Annex I to this Directive, shall be inserted;

| 13) | Annex III, the text of which appears in Annex II to this Directive, shall be added; |
| --- | --- |

13)

Annex III, the text of which appears in Annex II to this Directive, shall be added;

| 14) | Annex IV, the text of which appears in Annex III to this Directive, shall be added. |
| --- | --- |

14)

Annex IV, the text of which appears in Annex III to this Directive, shall be added.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than ... (17). They shall forthwith inform the Commission thereof.

When Member States adopt such measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ L 187, 20.7.1999, p. 42. Directive as amended by the 2003 Act of Accession.

1

(2)  OJ C 241, 28.9.2004, p. 58.

2

(3)  OJ C 109, 30.4.2004, p. 14.

3

(4)  Position of the European Parliament of 20 April 2004 (OJ C 104 E, 30.4.2004, p. 372), Council Common Position of 6 September 2005 (OJ C 275 E, 8.11.2005, p. 1) and Position of the European Parliament of 15 December 2005.

4

Position

104

,

6 September 2005 (OJ C 275 E, 8.11.2005, p. 1) and Position of the European Parliament of 15 December 2005

(5)  OJ C 43 E 19.2.2004, p. 250.

5

(6)  OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).

6

(7)  OJ L 283, 31.10.2003, p. 51. Directive as last amended by Directive 2004/75/EC (OJ L 157, 30.4.2004, p. 100).

7

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

8

(9)  OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).’

9

(10)  24 months following the date of entry into force of this Directive.

10

(11)  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Commission Regulation (EC) No 2083/2005 (OJ L 333, 20.12.2005, p. 28).’

11

Commission Regulation (EC) No 2083/2005 (OJ L 333, 20.12.2005, p. 28).’

(12)  OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3).’

12

(13)  24 months following the date of entry into force of this Directive.

13

(14)  5 years following the date of entry into force of this Directive.

14

(15)  54 months following the date of entry into force of this Directive.

15

(16)  2 years following the date of entry into force of this Directive.’

16

(17)  24 months following the date of entry into force of this Directive.

17

ANNEX I

‘ANNEX 0

EMISSION LIMITS

1.   ‘EURO 0’ vehicle

| Mass of carbon monoxide (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh |
| --- | --- | --- |
| 12,3 | 2,6 | 15,8 |

Mass of carbon monoxide (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

12,3

2,6

15,8

2.   ‘EURO I’/‘EURO II’ vehicles

| | Mass of carbon monoxide (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh | Mass of particulates (PT) g/kWh |
| --- | --- | --- | --- | --- |
| ‘EURO I’ vehicle | 4,9 | 1,23 | 9,0 | 0,4 (1) |
| ‘EURO II’ vehicle | 4,0 | 1,1 | 7,0 | 0,15 |

Mass of carbon monoxide (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

Mass of particulates (PT) g/kWh

‘EURO I’ vehicle

4,9

1,23

9,0

0,4 (1)

‘EURO II’ vehicle

4,0

1,1

7,0

0,15

3.   ‘EURO III’/‘EURO IV’/‘EURO V’/‘EEV’ vehicles

The specific masses of carbon monoxide, total hydrocarbons, nitrogen oxides and particulates, determined by the ESC test and the exhaust gas opacity, determined by the ELR test, must not exceed the following values (2):

| | Mass of carbon monoxides (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh | Mass of particulates (PT) g/kWh | Exhaust gas m—1 |
| --- | --- | --- | --- | --- | --- |
| ‘EURO III’ vehicle | 2,1 | 0,66 | 5,0 | 0,10 (3) | 0,8 |
| ‘EURO IV’ vehicle | 1,5 | 0,46 | 3,5 | 0,02 | 0,5 |
| ‘EURO V’ vehicle | 1,5 | 0,46 | 2,0 | 0,02 | 0,5 |
| ‘EEV’ vehicle | 1,5 | 0,25 | 2,0 | 0,02 | 0,15 |

Mass of carbon monoxides (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

Mass of particulates (PT) g/kWh

Exhaust gas m—1

‘EURO III’ vehicle

2,1

0,66

5,0

0,10 (3)

0,8

‘EURO IV’ vehicle

1,5

0,46

3,5

0,02

0,5

‘EURO V’ vehicle

1,5

0,46

2,0

0,02

0,5

‘EEV’ vehicle

1,5

0,25

2,0

0,02

0,15

4.   Future emission classes of vehicles as defined in Directive 88/77/EEC and subsequent amendments may be considered.’

---

(1)  A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85 kW or less.

1

(2)  A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine must respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).

2

(3)  0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3 000 min—1.

3

3

—1

ANNEX II

‘ANNEX III

CORE PRINCIPLES FOR THE ALLOCATION OF COSTS AND CALCULATION OF TOLLS

This Annex stipulates the core principles for the calculation of weighted average tolls to reflect Article 7 (9). The obligation to relate tolls to costs shall be without prejudice to the freedom of Member States to choose, in accordance with Article 7a(1), not to recover the costs in full through toll revenue, or to the freedom, in accordance with Article 7(10), to vary the amounts of specific tolls away from the average (1).

The application of these principles shall be fully consistent with other existing obligations under Community law, in particular the requirement for concession contracts to be awarded in accordance with Directive 2004/18/EC and other Community instruments in the field of public procurement.

Where a Member State engages in negotiations with one or more third parties with a view to establishing a concession contract regarding the construction or operation of a part of its infrastructure, or in view of this purpose engages in a similar arrangement based on national legislation or an agreement entered into by the government of a Member State, compliance with these principles shall be judged on the basis of the outcome of these negotiations.

1.   Definition of the Network and of vehicles covered

| — | Where a single tolling regime is not to be applied to the whole TEN road network, a Member State shall specify precisely the part or parts of the network which are to be subject to a tolling regime as well as the system its uses to classify vehicles for the purposes of toll variation. Member States shall also specify whether they are extending the scope of their tolling regime to cover vehicles below the 12-tonne threshold. |
| --- | --- |

—

Where a single tolling regime is not to be applied to the whole TEN road network, a Member State shall specify precisely the part or parts of the network which are to be subject to a tolling regime as well as the system its uses to classify vehicles for the purposes of toll variation. Member States shall also specify whether they are extending the scope of their tolling regime to cover vehicles below the 12-tonne threshold.

| — | Where a Member State chooses to adopt different policies regarding cost recovery for different parts of its network (as permitted under Article 7a(1)), each clearly defined part of the network shall be subject to a separate calculation of costs. A Member State may choose to split its network up into a number of clearly defined parts so as to establish separate concession arrangements or similar for each part. |
| --- | --- |

—

Where a Member State chooses to adopt different policies regarding cost recovery for different parts of its network (as permitted under Article 7a(1)), each clearly defined part of the network shall be subject to a separate calculation of costs. A Member State may choose to split its network up into a number of clearly defined parts so as to establish separate concession arrangements or similar for each part.

2.   Infrastructure costs

2.1.   Investment costs

| — | Investment costs shall include the costs of construction (including financing costs) and the costs of developing the infrastructure plus, where appropriate, a return on the capital investment or profit margin. Costs of land acquisition, planning, design supervision of construction contracts and project management, and of archaeological and ground investigations, as well as other relevant incidental costs, shall also be included. |
| --- | --- |

—

Investment costs shall include the costs of construction (including financing costs) and the costs of developing the infrastructure plus, where appropriate, a return on the capital investment or profit margin. Costs of land acquisition, planning, design supervision of construction contracts and project management, and of archaeological and ground investigations, as well as other relevant incidental costs, shall also be included.

| — | The recovery of construction costs shall be based on either the design lifetime of the infrastructure or such other amortisation period (not being less than 20 years) as may be considered appropriate for reasons of financing through a concession contract or otherwise. The length of the amortisation period may be a key variable in negotiations regarding the establishment of concession contracts, particularly if the Member State concerned wishes, as part of the contract, to set a ceiling regarding the weighted average toll applicable. |
| --- | --- |

—

The recovery of construction costs shall be based on either the design lifetime of the infrastructure or such other amortisation period (not being less than 20 years) as may be considered appropriate for reasons of financing through a concession contract or otherwise. The length of the amortisation period may be a key variable in negotiations regarding the establishment of concession contracts, particularly if the Member State concerned wishes, as part of the contract, to set a ceiling regarding the weighted average toll applicable.

| — | Without prejudice to the calculation of investment costs, the recovery of costs may:






  — | be apportioned evenly over the amortisation period or weighted to the early, middle or later years, provided that such weighting is carried out in a transparent manner; |
| --- | --- | --- |

—

Without prejudice to the calculation of investment costs, the recovery of costs may:

—

be apportioned evenly over the amortisation period or weighted to the early, middle or later years, provided that such weighting is carried out in a transparent manner;

| — | provide for indexation of tolls over the amortisation period. |
| --- | --- |

—

provide for indexation of tolls over the amortisation period.

| — | All historic costs shall be based on the amounts paid. Costs which are still to be incurred will be based on reasonable cost forecasts. |
| --- | --- |

—

All historic costs shall be based on the amounts paid. Costs which are still to be incurred will be based on reasonable cost forecasts.

| — | Government investment may be assumed to be financed borrowings. The rate of interest to be applied to historical costs shall be the rates that applied to government borrowings over that period. |
| --- | --- |

—

Government investment may be assumed to be financed borrowings. The rate of interest to be applied to historical costs shall be the rates that applied to government borrowings over that period.

| — | Costs shall be apportioned to heavy goods vehicles (HGVs) on an objective and transparent basis taking account of the proportion of HGV traffic to be carried on the network and the associated costs. The vehicle kilometres travelled by HGVs may for this purpose be adjusted by objectively justified ‘equivalence factors’ such as those set out in point 4 (2). |
| --- | --- |

—

Costs shall be apportioned to heavy goods vehicles (HGVs) on an objective and transparent basis taking account of the proportion of HGV traffic to be carried on the network and the associated costs. The vehicle kilometres travelled by HGVs may for this purpose be adjusted by objectively justified ‘equivalence factors’ such as those set out in point 4 (2).

| — | Provision for estimated return on capital or profit margin shall be reasonable in the light of market conditions and may be varied for the purpose of providing performance incentives for a contracted third party with regard to quality of service requirements. Return on capital may be evaluated using economic indicators such as IRR (internal rate of return on investment) or WACC (weighted average cost of capital). |
| --- | --- |

—

Provision for estimated return on capital or profit margin shall be reasonable in the light of market conditions and may be varied for the purpose of providing performance incentives for a contracted third party with regard to quality of service requirements. Return on capital may be evaluated using economic indicators such as IRR (internal rate of return on investment) or WACC (weighted average cost of capital).

2.2.   Annual maintenance costs and structural repair costs

| — | These costs shall include both the annual costs of maintaining the network and the periodic costs relating to repair, reinforcement and resurfacing, with a view to ensuring that the level of operational functionality of the network is maintained over time. |
| --- | --- |

—

These costs shall include both the annual costs of maintaining the network and the periodic costs relating to repair, reinforcement and resurfacing, with a view to ensuring that the level of operational functionality of the network is maintained over time.

| — | Such costs shall be apportioned between HGV and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4. |
| --- | --- |

—

Such costs shall be apportioned between HGV and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4.

3.   Operating, management and tolling costs

These costs shall include all costs incurred by the infrastructure operator which are not covered under Section 2 and which relate to the implementation, operation and management of the infrastructure and of the tolling system. They shall include in particular:

| — | the costs of constructing, establishing and maintaining toll booths and other payment systems; |
| --- | --- |

—

the costs of constructing, establishing and maintaining toll booths and other payment systems;

| — | the day to day costs of operating, administering and enforcing the toll collection system; |
| --- | --- |

—

the day to day costs of operating, administering and enforcing the toll collection system;

| — | administrative fees and charges relating to concession contracts; |
| --- | --- |

—

administrative fees and charges relating to concession contracts;

| — | management, administrative and service costs relating to the operation of the infrastructure. |
| --- | --- |

—

management, administrative and service costs relating to the operation of the infrastructure.

The costs may include a return on capital or profit margin reflecting the degree of risk transferred.

Such costs shall be apportioned on a fair and transparent basis between all vehicle classes that are subject to the tolling system.

4.   
  Share
  of
  goods
  traffic, equivalence factors and correction mechanism

| — | The calculation of tolls shall be based on actual or forecast HGV shares of vehicle kilometres adjusted, if desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use
  by goods
  vehicles. |
| --- | --- |

—

The calculation of tolls shall be based on actual or forecast HGV shares of vehicle kilometres adjusted, if desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use
  by goods
  vehicles.

| — | The following table gives a set of indicative equivalence factors. Where a Member State uses equivalence factors with ratios differing from those in the table, they shall be based on objectively justifiable criteria and shall be made public.








  Vehicle class (3) | Equivalence factors |
| --- | --- | --- |
| Structural repair (4) | Investments | Annual maintenance |
| Between 3,5t and 7,5t, Class 0 | 1 | 1 | 1 |
| > 7,5 t, Class I | 1,96 | 1 | 1 |
| > 7,5 t, Class II | 3,47 | 1 | 1 |
| > 7,5 t, Class III | 5,72 | 1 | 1 |

—

The following table gives a set of indicative equivalence factors. Where a Member State uses equivalence factors with ratios differing from those in the table, they shall be based on objectively justifiable criteria and shall be made public.

Vehicle class (3)

Equivalence factors

Structural repair (4)

Investments

Annual maintenance

Between 3,5t and 7,5t, Class 0

1

1

1

> 7,5 t, Class I

1,96

1

1

> 7,5 t, Class II

3,47

1

1

> 7,5 t, Class III

5,72

1

1

| — | Tolling regimes which are based on forecast traffic levels shall provide for a correction mechanism whereby tolls are adjusted periodically to correct any under or over-recovery of costs due to forecasting errors.’ |
| --- | --- |

—

Tolling regimes which are based on forecast traffic levels shall provide for a correction mechanism whereby tolls are adjusted periodically to correct any under or over-recovery of costs due to forecasting errors.’

---

(1)  These provisions, together with the flexibility offered in the way costs are recovered over time (see the third indent of point 2.1), give considerable margin to fix tolls at levels which are acceptable to users and adapted to the specific transport policy objectives of the Member State.

1

(2)  The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using a long life cycle approach.

2

(3)  See Annex IV for the determination of the vehicle class.

3

(4)  The vehicle classes correspond to axle weights of 5,5, 6,5, 7,5 and 8,5 tonnes respectively.

4

ANNEX III

‘ANNEX IV

Indicative vehicle class determination

The vehicle classes are defined by the table below.

Vehicles are classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending order (Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially with the increase in axle weight.

All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7,5 tonnes belong to damage class 0.

Motor vehicles

| Driving axles with air suspension or recognised equivalent (1) | Other driving axle suspension systems | Damage class |
| --- | --- | --- |
| Number of axles and maximum permissible gross laden weight
  (in tonnes) | Number of axles and maximum permissible gross laden weight
  (in tonnes) |
| Not less than | Less than | Not less than | Less than | |
| Two axles | |
| 7,5 | 12 | 7,5 | 12 | I |
| 12 | 13 | 12 | 13 |
| 13 | 14 | 13 | 14 |
| 14 | 15 | 14 | 15 |
| 15 | 18 | 15 | 18 |
| Three axles | |
| 15 | 17 | 15 | 17 | |
| 17 | 19 | 17 | 19 |
| 19 | 21 | 19 | 21 |
| 21 | 23 | 21 | 23 |
| 23 | 25 | | |
| 25 | 26 | | |
| | | 23 | 25 | II |
| | | 25 | 26 |
| Four axles | |
| 23 | 25 | 23 | 25 | I |
| 25 | 27 | 25 | 27 |
| 27 | 29 | | |
| | | 27 | 29 | II |
| | | 29 | 31 |
| | | 31 | 32 |
| 29 | 31 | | | |
| 31 | 32 | | | |

Driving axles with air suspension or recognised equivalent (1)

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross laden weight

(in tonnes)

Number of axles and maximum permissible gross laden weight

(in tonnes)

Not less than

Less than

Not less than

Less than

Two axles

7,5

12

7,5

12

I

12

13

12

13

13

14

13

14

14

15

14

15

15

18

15

18

Three axles

15

17

15

17

17

19

17

19

19

21

19

21

21

23

21

23

23

25

25

26

23

25

II

25

26

Four axles

23

25

23

25

I

25

27

25

27

27

29

27

29

II

29

31

31

32

29

31

31

32

Vehicle combinations (articulated vehicles and road trains)

| Driving axles with air suspension or recognised as equivalent | Other driving axle suspension systems | Damage class |
| --- | --- | --- |
| Number of axles and maximum permissible gross laden weight
  (in tonnes) | Number of axles and maximum permissible gross laden weight
  (in tonnes) |
| Not less than | Less than | Not less than | Less than | |
| 2 + 1 axles | |
| 7,5 | 12 | 7,5 | 12 | I |
| 12 | 14 | 12 | 14 |
| 14 | 16 | 14 | 16 |
| 16 | 18 | 16 | 18 |
| 18 | 20 | 18 | 20 |
| 20 | 22 | 20 | 22 |
| 22 | 23 | 22 | 23 |
| 23 | 25 | 23 | 25 |
| 25 | 28 | 25 | 28 |
| 2 + 2 axles |
| 23 | 25 | 23 | 25 |
| 25 | 26 | 25 | 26 |
| 26 | 28 | 26 | 28 |
| 28 | 29 | 28 | 29 |
| 29 | 31 | 29 | 31 | II |
| 31 | 33 | 31 | 33 |
| 33 | 36 | 33 | 36 | III |
| 36 | 38 | | |
| | | | | |
| 2 + 3 axles | II |
| 36 | 38 | 38 | 40 |
| 38 | 40 |
| | | 38 | 40 | III |
| 3 + 2 axles | II |
| 36 | 38 | 36 | 38 |
| 38 | 40 | | |
| | | 38 | 40 | III |
| | | 40 | 44 |
| 40 | 44 | | | |
| 3 + 3 axles | |
| 36 | 38 | 36 | 38 | I |
| 38 | 40 | | | |
| | | 38 | 40 | II |
| 40 | 44 | 40 | 44 |

Driving axles with air suspension or recognised as equivalent

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross laden weight

(in tonnes)

Number of axles and maximum permissible gross laden weight

(in tonnes)

Not less than

Less than

Not less than

Less than

2 + 1 axles

7,5

12

7,5

12

I

12

14

12

14

14

16

14

16

16

18

16

18

18

20

18

20

20

22

20

22

22

23

22

23

23

25

23

25

25

28

25

28

2 + 2 axles

23

25

23

25

25

26

25

26

26

28

26

28

28

29

28

29

29

31

29

31

II

31

33

31

33

33

36

33

36

III

36

38

2 + 3 axles

II

36

38

38

40

38

40

38

40

III

3 + 2 axles

II

36

38

36

38

38

40

38

40

III

40

44

40

44

3 + 3 axles

36

38

36

38

I

38

40

38

40

II

40

44

40

44

’

---

(1)  Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive as last amended by Directive 2002/7/EC of the European Parliament and of the Council (OJ L 67, 9.3.2002, p. 47).

1

P6_TA(2005)0517

Machinery ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (5786/2/2005 — C6-0267/2005 — 2001/0004(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (5786/2/2005 — C6-0267/2005), |
| --- | --- |

—

having regard to the Council common position (5786/2/2005 — C6-0267/2005),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2000)0899) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2000)0899) (2),

| — | having regard to the amendments to the Commission proposal (COM(2003)0048) (3), |
| --- | --- |

—

having regard to the amendments to the Commission proposal (COM(2003)0048) (3),

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

—

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

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

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0338/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0338/2005),

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  OJ C 271 E, 12.11.2003, p. 491.

(2)  OJ C 154 E, 29.5.2001, p. 164.

(3)  Not yet published in OJ.

P6_TC2-COD(2001)0004

Position of the European Parliament adopted at second reading on 15 December 2005 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and Social Committee (2),

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

Whereas:

| (1) | Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (4) codified Directive 89/392/EEC (5). Now that new substantial amendments are being made to Directive 98/37/EC, it is desirable, in order to clarify matters, that that Directive should be recast. |
| --- | --- |

(1)

Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (4) codified Directive 89/392/EEC (5). Now that new substantial amendments are being made to Directive 98/37/EC, it is desirable, in order to clarify matters, that that Directive should be recast.

| (2) | The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. |
| --- | --- |

(2)

The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance.

| (3) | Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery. |
| --- | --- |

(3)

Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery.

| (4) | In order to ensure legal certainty for users, the scope of this Directive and the concepts relating to its application should be defined as precisely as possible. |
| --- | --- |

(4)

In order to ensure legal certainty for users, the scope of this Directive and the concepts relating to its application should be defined as precisely as possible.

| (5) | The Member States' mandatory provisions governing construction site hoists intended for lifting persons or persons and goods, which are often supplemented by de facto compulsory technical specifications and/or by voluntary standards, do not necessarily lead to different levels of health and safety but, because of their disparities, do nevertheless constitute barriers to trade within the Community. Moreover, the national systems for the conformity assessment and certification of these machines diverge considerably. It is therefore desirable not to exclude from the scope of this Directive construction site hoists intended for lifting persons or persons and goods. |
| --- | --- |

(5)

The Member States' mandatory provisions governing construction site hoists intended for lifting persons or persons and goods, which are often supplemented by de facto compulsory technical specifications and/or by voluntary standards, do not necessarily lead to different levels of health and safety but, because of their disparities, do nevertheless constitute barriers to trade within the Community. Moreover, the national systems for the conformity assessment and certification of these machines diverge considerably. It is therefore desirable not to exclude from the scope of this Directive construction site hoists intended for lifting persons or persons and goods.

| (6) | It is appropriate to exclude from the scope of this Directive weapons, including firearms, that are subject to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (6); the exclusion of firearms should not apply to portable cartridge-operated fixing and other impact machinery designed for industrial or technical purposes only. It is necessary to provide for transitional arrangements enabling Member States to authorise the placing on the market and putting into service of such machinery manufactured in accordance with national provisions in force upon adoption of this Directive, including those implementing the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms. Such transitional arrangements will also enable the European standardisation organisations to draft standards ensuring the safety level based on the state of the art. |
| --- | --- |

(6)

It is appropriate to exclude from the scope of this Directive weapons, including firearms, that are subject to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (6); the exclusion of firearms should not apply to portable cartridge-operated fixing and other impact machinery designed for industrial or technical purposes only. It is necessary to provide for transitional arrangements enabling Member States to authorise the placing on the market and putting into service of such machinery manufactured in accordance with national provisions in force upon adoption of this Directive, including those implementing the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms. Such transitional arrangements will also enable the European standardisation organisations to draft standards ensuring the safety level based on the state of the art.

| (7) | This Directive does not apply to the lifting of persons by means of machines not designed for the lifting of persons. However, this does not affect the right of Member States to take national measures, in accordance with the Treaty, with respect to such machines, with a view to implementing Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (7). |
| --- | --- |

(7)

This Directive does not apply to the lifting of persons by means of machines not designed for the lifting of persons. However, this does not affect the right of Member States to take national measures, in accordance with the Treaty, with respect to such machines, with a view to implementing Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (7).

| (8) | In relation to agricultural and forestry tractors, the provisions of this Directive concerning the risks currently not covered by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (8) should no longer apply when such risks are covered by Directive 2003/37/EC. |
| --- | --- |

(8)

In relation to agricultural and forestry tractors, the provisions of this Directive concerning the risks currently not covered by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (8) should no longer apply when such risks are covered by Directive 2003/37/EC.

| (9) | Market surveillance is an essential instrument inasmuch as it ensures the proper and uniform application of Directives. It is therefore appropriate to put in place the legal framework within which market surveillance can proceed harmoniously. |
| --- | --- |

(9)

Market surveillance is an essential instrument inasmuch as it ensures the proper and uniform application of Directives. It is therefore appropriate to put in place the legal framework within which market surveillance can proceed harmoniously.

| (10) | Member States are responsible for ensuring that this Directive is effectively enforced on their territory and that the safety of the machinery concerned is, as far as possible, improved in accordance with its provisions. Member States should ensure their capacity to carry out effective market surveillance, taking account of guidelines developed by the Commission, in order to achieve the proper and uniform application of this Directive. |
| --- | --- |

(10)

Member States are responsible for ensuring that this Directive is effectively enforced on their territory and that the safety of the machinery concerned is, as far as possible, improved in accordance with its provisions. Member States should ensure their capacity to carry out effective market surveillance, taking account of guidelines developed by the Commission, in order to achieve the proper and uniform application of this Directive.

| (11) | In the context of market surveillance, a clear distinction should be established between the disputing of a harmonised standard conferring a presumption of conformity on machinery and the safeguard clause relating to machinery. |
| --- | --- |

(11)

In the context of market surveillance, a clear distinction should be established between the disputing of a harmonised standard conferring a presumption of conformity on machinery and the safeguard clause relating to machinery.

| (12) | The putting into service of machinery within the meaning of this Directive can relate only to the use of the machinery itself for its intended purpose or for a purpose which can reasonably be foreseen. This does not preclude the laying down of conditions of use external to the machinery, provided that it is not thereby modified in a way not specified in this Directive. |
| --- | --- |

(12)

The putting into service of machinery within the meaning of this Directive can relate only to the use of the machinery itself for its intended purpose or for a purpose which can reasonably be foreseen. This does not preclude the laying down of conditions of use external to the machinery, provided that it is not thereby modified in a way not specified in this Directive.

| (13) | It is also necessary to provide for an adequate mechanism allowing for the adoption of specific measures at Community level requiring Member States to prohibit or restrict the placing on the market of certain types of machinery presenting the same risks to the health and safety of persons either due to shortcomings in the relevant harmonised standard(s) or by virtue of their technical characteristics, or to make such machinery subject to special conditions. In order to ensure the appropriate assessment of the need for such measures, they should be taken by the Commission, assisted by a committee, in the light of consultations with the Member States and other interested parties. Since such measures are not directly applicable to economic operators, Member States should take all necessary measures for their implementation. |
| --- | --- |

(13)

It is also necessary to provide for an adequate mechanism allowing for the adoption of specific measures at Community level requiring Member States to prohibit or restrict the placing on the market of certain types of machinery presenting the same risks to the health and safety of persons either due to shortcomings in the relevant harmonised standard(s) or by virtue of their technical characteristics, or to make such machinery subject to special conditions. In order to ensure the appropriate assessment of the need for such measures, they should be taken by the Commission, assisted by a committee, in the light of consultations with the Member States and other interested parties. Since such measures are not directly applicable to economic operators, Member States should take all necessary measures for their implementation.

| (14) | The essential health and safety requirements should be satisfied in order to ensure that machinery is safe; these requirements should be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements. |
| --- | --- |

(14)

The essential health and safety requirements should be satisfied in order to ensure that machinery is safe; these requirements should be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements.

| (15) | Where the machinery may be used by a consumer, that is to say, a non-professional operator, the manufacturer should take account of this in the design and construction. The same applies where a machine is normally used to provide a service to a consumer. |
| --- | --- |

(15)

Where the machinery may be used by a consumer, that is to say, a non-professional operator, the manufacturer should take account of this in the design and construction. The same applies where a machine is normally used to provide a service to a consumer.

| (16) | Although the requirements of this Directive do not apply to partly completed machinery in their entirety, it is nevertheless important that the free movement of such machinery be guaranteed by means of a specific procedure. |
| --- | --- |

(16)

Although the requirements of this Directive do not apply to partly completed machinery in their entirety, it is nevertheless important that the free movement of such machinery be guaranteed by means of a specific procedure.

| (17) | For trade fairs, exhibitions and so on, it should be possible to exhibit machinery which does not satisfy the requirements of this Directive. However, interested parties should be properly informed that the machinery does not conform and cannot be purchased in that condition. |
| --- | --- |

(17)

For trade fairs, exhibitions and so on, it should be possible to exhibit machinery which does not satisfy the requirements of this Directive. However, interested parties should be properly informed that the machinery does not conform and cannot be purchased in that condition.

| (18) | This Directive defines only the essential health and safety requirements of general application, supplemented by a number of more specific requirements for certain categories of machinery. In order to help manufacturers to prove conformity to these essential requirements, and to allow inspection of conformity to the essential requirements, it is desirable to have standards that are harmonised at Community level for the prevention of risks arising out of the design and construction of machinery. These standards are drawn up by private-law bodies and should retain their non-binding status. |
| --- | --- |

(18)

This Directive defines only the essential health and safety requirements of general application, supplemented by a number of more specific requirements for certain categories of machinery. In order to help manufacturers to prove conformity to these essential requirements, and to allow inspection of conformity to the essential requirements, it is desirable to have standards that are harmonised at Community level for the prevention of risks arising out of the design and construction of machinery. These standards are drawn up by private-law bodies and should retain their non-binding status.

| (19) | In view of the nature of the risks involved in the use of machinery covered by this Directive, procedures for assessing conformity to the essential health and safety requirements should be established. These procedures should be devised in the light of the extent of the danger inherent in such machinery. Consequently, each category of machinery should have its appropriate procedure in conformity with Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (9), taking account of the nature of the verification required for such machinery. |
| --- | --- |

(19)

In view of the nature of the risks involved in the use of machinery covered by this Directive, procedures for assessing conformity to the essential health and safety requirements should be established. These procedures should be devised in the light of the extent of the danger inherent in such machinery. Consequently, each category of machinery should have its appropriate procedure in conformity with Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (9), taking account of the nature of the verification required for such machinery.

| (20) | Manufacturers should retain full responsibility for certifying the conformity of their machinery to the provisions of this Directive. Nevertheless, for certain types of machinery having a higher risk factor, a stricter certification procedure is desirable. |
| --- | --- |

(20)

Manufacturers should retain full responsibility for certifying the conformity of their machinery to the provisions of this Directive. Nevertheless, for certain types of machinery having a higher risk factor, a stricter certification procedure is desirable.

| (21) | The CE marking should be fully recognised as being the only marking which guarantees that machinery conforms to the requirements of this Directive. All other markings which are liable to mislead third parties as to the meaning
  or
  the form of the CE marking
  , or both,
  should be prohibited. |
| --- | --- |

(21)

The CE marking should be fully recognised as being the only marking which guarantees that machinery conforms to the requirements of this Directive. All other markings which are liable to mislead third parties as to the meaning
  or
  the form of the CE marking
  , or both,
  should be prohibited.

| (22) | In order to ensure the same quality for the CE marking and the manufacturer's mark, it is important that they be affixed according to the same techniques. In order to avoid confusion between any CE markings which might appear on certain components and the CE marking corresponding to the machinery, it is important that the latter marking be affixed alongside the name of the person who has taken responsibility for it, namely the manufacturer or his authorised representative. |
| --- | --- |

(22)

In order to ensure the same quality for the CE marking and the manufacturer's mark, it is important that they be affixed according to the same techniques. In order to avoid confusion between any CE markings which might appear on certain components and the CE marking corresponding to the machinery, it is important that the latter marking be affixed alongside the name of the person who has taken responsibility for it, namely the manufacturer or his authorised representative.

| (23) | The manufacturer or his authorised representative should also ensure that a risk assessment is carried out for the machinery which he wishes to place on the market. For this purpose, he should determine which are the essential health and safety requirements applicable to his machinery and in respect of which he must take measures. |
| --- | --- |

(23)

The manufacturer or his authorised representative should also ensure that a risk assessment is carried out for the machinery which he wishes to place on the market. For this purpose, he should determine which are the essential health and safety requirements applicable to his machinery and in respect of which he must take measures.

| (24) | It is essential that, before drawing up the EC declaration of conformity, the manufacturer or his authorised representative established in the Community should prepare a technical construction file. However, it is not essential that all documentation should be permanently available in material form, but it must be possible to make it available on request. It need not include detailed plans of subassemblies used for the manufacture of machinery, unless knowledge of such plans is essential in order to ascertain conformity with the essential health and safety requirements. |
| --- | --- |

(24)

It is essential that, before drawing up the EC declaration of conformity, the manufacturer or his authorised representative established in the Community should prepare a technical construction file. However, it is not essential that all documentation should be permanently available in material form, but it must be possible to make it available on request. It need not include detailed plans of subassemblies used for the manufacture of machinery, unless knowledge of such plans is essential in order to ascertain conformity with the essential health and safety requirements.

| (25) | The addressees of any decision taken under this Directive should be informed of the reasons for such a decision and of the legal remedies open to them. |
| --- | --- |

(25)

The addressees of any decision taken under this Directive should be informed of the reasons for such a decision and of the legal remedies open to them.

| (26) | Member States should provide for penalties applicable to infringements of the provisions of this Directive. Those penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(26)

Member States should provide for penalties applicable to infringements of the provisions of this Directive. Those penalties should be effective, proportionate and dissuasive.

| (27) | The application of this Directive to a number of machines intended for lifting persons requires a better delimitation of the products covered by this Directive with respect to those covered by Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (10). A redefinition of the scope of the latter Directive is thus deemed necessary. Directive 95/16/EC should therefore be amended accordingly. |
| --- | --- |

(27)

The application of this Directive to a number of machines intended for lifting persons requires a better delimitation of the products covered by this Directive with respect to those covered by Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (10). A redefinition of the scope of the latter Directive is thus deemed necessary. Directive 95/16/EC should therefore be amended accordingly.

| (28) | Since the objective of this Directive, namely, to lay down the essential health and safety requirements in relation to design and manufacture in order to improve the safety of machinery placed on the market, cannot be sufficiently achieved by the Member States and can be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(28)

Since the objective of this Directive, namely, to lay down the essential health and safety requirements in relation to design and manufacture in order to improve the safety of machinery placed on the market, cannot be sufficiently achieved by the Member States and can be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (29) | In accordance with point 34 of the Interinstitutional Agreement on better law-making
   (11), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. |
| --- | --- |

(29)

In accordance with point 34 of the Interinstitutional Agreement on better law-making
   (11), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

| (30) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12), |
| --- | --- |

(30)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

1.   This Directive applies to the following products:

| (a) | machinery; |
| --- | --- |

(a)

machinery;

| (b) | interchangeable equipment; |
| --- | --- |

(b)

interchangeable equipment;

| (c) | safety components; |
| --- | --- |

(c)

safety components;

| (d) | lifting accessories; |
| --- | --- |

(d)

lifting accessories;

| (e) | chains, ropes and webbing; |
| --- | --- |

(e)

chains, ropes and webbing;

| (f) | removable mechanical transmission devices; |
| --- | --- |

(f)

removable mechanical transmission devices;

| (g) | partly completed machinery. |
| --- | --- |

(g)

partly completed machinery.

2.   The following are excluded from the scope of this Directive:

| (a) | safety components intended to be used as spare parts to replace identical components and supplied by the manufacturer of the original machinery; |
| --- | --- |

(a)

safety components intended to be used as spare parts to replace identical components and supplied by the manufacturer of the original machinery;

| (b) | specific equipment for use in fairgrounds and/or amusement parks; |
| --- | --- |

(b)

specific equipment for use in fairgrounds and/or amusement parks;

| (c) | machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity; |
| --- | --- |

(c)

machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

| (d) | weapons, including firearms; |
| --- | --- |

(d)

weapons, including firearms;

| (e) | the following means of transport:






  — | agricultural and forestry tractors for the risks covered by Directive 2003/37/EC, with the exclusion of machinery mounted on these vehicles, |
| --- | --- | --- |

(e)

the following means of transport:

—

agricultural and forestry tractors for the risks covered by Directive 2003/37/EC, with the exclusion of machinery mounted on these vehicles,

| — | motor vehicles and their trailers covered by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (13), with the exclusion of machinery mounted on these vehicles, |
| --- | --- |

—

motor vehicles and their trailers covered by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (13), with the exclusion of machinery mounted on these vehicles,

| — | vehicles covered by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (14), with the exclusion of machinery mounted on these vehicles, |
| --- | --- |

—

vehicles covered by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (14), with the exclusion of machinery mounted on these vehicles,

| — | motor vehicles exclusively intended for competition, and |
| --- | --- |

—

motor vehicles exclusively intended for competition, and

| — | means of transport by air, on water and on rail networks with the exclusion of machinery mounted on these means of transport; |
| --- | --- |

—

means of transport by air, on water and on rail networks with the exclusion of machinery mounted on these means of transport;

| (f) | seagoing vessels and mobile offshore units and machinery installed on board such vessels and/or units; |
| --- | --- |

(f)

seagoing vessels and mobile offshore units and machinery installed on board such vessels and/or units;

| (g) | machinery specially designed and constructed for military or police purposes; |
| --- | --- |

(g)

machinery specially designed and constructed for military or police purposes;

| (h) | machinery specially designed and constructed for research purposes for temporary use in laboratories; |
| --- | --- |

(h)

machinery specially designed and constructed for research purposes for temporary use in laboratories;

| (i) | mine winding gear; |
| --- | --- |

(i)

mine winding gear;

| (j) | machinery intended to move performers during artistic performances; |
| --- | --- |

(j)

machinery intended to move performers during artistic performances;

| (k) | electrical and electronic products falling within the following areas, insofar as they are covered by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (15):






  — | household appliances intended for domestic use, |
| --- | --- | --- |

(k)

electrical and electronic products falling within the following areas, insofar as they are covered by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (15):

—

household appliances intended for domestic use,

| — | audio and video equipment, |
| --- | --- |

—

audio and video equipment,

| — | information technology equipment, |
| --- | --- |

—

information technology equipment,

| — | ordinary office machinery, |
| --- | --- |

—

ordinary office machinery,

| — | low-voltage switchgear and control gear
  , |
| --- | --- |

—

low-voltage switchgear and control gear
  ,

| — | electric motors; |
| --- | --- |

—

electric motors;

| (l) | the following types of high-voltage electrical equipment:






  — | switch gear and control gear, |
| --- | --- | --- |

(l)

the following types of high-voltage electrical equipment:

—

switch gear and control gear,

| — | transformers. |
| --- | --- |

—

transformers.

Article 2

Definitions

For the purposes of this Directive, ‘machinery’ designates the products listed in Article 1(1)(a) to (f).

The following definitions shall apply:

| (a) | ‘machinery’ means:






  — | an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application, |
| --- | --- | --- |

(a)

‘machinery’ means:

—

an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application,

| — | an assembly referred to in the first indent, missing only the components to connect it on site or to sources of energy and motion, |
| --- | --- |

—

an assembly referred to in the first indent, missing only the components to connect it on site or to sources of energy and motion,

| — | an assembly referred to in the first and second indents, ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or a structure, |
| --- | --- |

—

an assembly referred to in the first and second indents, ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or a structure,

| — | assemblies of machinery referred to in the first to third indents or partly completed machinery referred to in point (g) which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole, |
| --- | --- |

—

assemblies of machinery referred to in the first to third indents or partly completed machinery referred to in point (g) which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole,

| — | an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort; |
| --- | --- |

—

an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;

| (b) | ‘interchangeable equipment’ means a device which, after the putting into service of machinery or of a tractor, is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function, in so far as this equipment is not a tool; |
| --- | --- |

(b)

‘interchangeable equipment’ means a device which, after the putting into service of machinery or of a tractor, is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function, in so far as this equipment is not a tool;

| (c) | ‘safety component’ means a component:






  — | which serves to fulfil a safety function, |
| --- | --- | --- |

(c)

‘safety component’ means a component:

—

which serves to fulfil a safety function,

| — | which is independently placed on the market, |
| --- | --- |

—

which is independently placed on the market,

| — | the failure and/or malfunction of which endangers the safety of persons, and |
| --- | --- |

—

the failure and/or malfunction of which endangers the safety of persons, and

| — | which is not necessary in order for the machinery to function, or for which normal components may be substituted in order for the machinery to function. |
| --- | --- |

—

which is not necessary in order for the machinery to function, or for which normal components may be substituted in order for the machinery to function.

An indicative list of safety components is set out in Annex V, which may be updated in accordance with Article 8(1)(a);

| (d) | ‘lifting accessory’ means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the machinery and the load or on the load itself, or which is intended to constitute an integral part of the load and which is independently placed on the market; slings and their components are also regarded as lifting accessories; |
| --- | --- |

(d)

‘lifting accessory’ means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the machinery and the load or on the load itself, or which is intended to constitute an integral part of the load and which is independently placed on the market; slings and their components are also regarded as lifting accessories;

| (e) | ‘chains, ropes and webbing’ means chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories; |
| --- | --- |

(e)

‘chains, ropes and webbing’ means chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories;

| (f) | ‘removable mechanical transmission device’ means a removable component for transmitting power between self-propelled machinery or a tractor and another machine by joining them at the first fixed bearing. When it is placed on the market with the guard it shall be regarded as one product; |
| --- | --- |

(f)

‘removable mechanical transmission device’ means a removable component for transmitting power between self-propelled machinery or a tractor and another machine by joining them at the first fixed bearing. When it is placed on the market with the guard it shall be regarded as one product;

| (g) | ‘partly completed machinery’ means an assembly which is almost machinery but which cannot in itself perform a specific application. A drive system is partly completed machinery. Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery to which this Directive applies; |
| --- | --- |

(g)

‘partly completed machinery’ means an assembly which is almost machinery but which cannot in itself perform a specific application. A drive system is partly completed machinery. Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery to which this Directive applies;

| (h) | ‘placing on the market’ means making available for the first time in the Community machinery or partly completed machinery with a view to distribution or use, whether for reward or free of charge; |
| --- | --- |

(h)

‘placing on the market’ means making available for the first time in the Community machinery or partly completed machinery with a view to distribution or use, whether for reward or free of charge;

| (i) | ‘manufacturer’ means any natural or legal person who designs and/or manufactures machinery or partly completed machinery covered by this Directive and is responsible for the conformity of the machinery or the partly completed machinery with this Directive with a view to its being placed on the market, under his own name or trademark or for his own use. In the absence of a manufacturer as defined above, any natural or legal person who places on the market or puts into service machinery or partly completed machinery covered by this Directive shall be considered a manufacturer; |
| --- | --- |

(i)

‘manufacturer’ means any natural or legal person who designs and/or manufactures machinery or partly completed machinery covered by this Directive and is responsible for the conformity of the machinery or the partly completed machinery with this Directive with a view to its being placed on the market, under his own name or trademark or for his own use. In the absence of a manufacturer as defined above, any natural or legal person who places on the market or puts into service machinery or partly completed machinery covered by this Directive shall be considered a manufacturer;

| (j) | ‘authorised representative’ means any natural or legal person established in the Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities connected with this Directive; |
| --- | --- |

(j)

‘authorised representative’ means any natural or legal person established in the Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities connected with this Directive;

| (k) | ‘putting into service’ means the first use, for its intended purpose, in the Community, of machinery covered by this Directive; |
| --- | --- |

(k)

‘putting into service’ means the first use, for its intended purpose, in the Community, of machinery covered by this Directive;

| (l) | ‘harmonised standard’ means a non-binding technical specification adopted by a standardisation body, namely the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (16). |
| --- | --- |

(l)

‘harmonised standard’ means a non-binding technical specification adopted by a standardisation body, namely the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (16).

Article 3

Specific Directives

Where, for machinery, the hazards referred to in Annex I are wholly or partly covered more specifically by other Community Directives, this Directive shall not apply, or shall cease to apply, to that machinery in respect of such hazards from the date of implementation of those other Directives.

Article 4

Market surveillance

1.   Member States shall take all appropriate measures to ensure that machinery may be placed on the market and/or put into service only if it satisfies the relevant provisions of this Directive and does not endanger the health and safety of persons and, where appropriate, domestic animals or property, when properly installed and maintained and used for its intended purpose or under conditions which can reasonably be foreseen.

2.   Member States shall take all appropriate measures to ensure that partly completed machinery can be placed on the market only if it satisfies the relevant provisions of this Directive.

3.   Member States shall institute or appoint the competent authorities to monitor the conformity of machinery and partly completed machinery with the provisions set out in paragraphs 1 and 2.

4.   Member States shall define the tasks, organisation and powers of the competent authorities referred to in paragraph 3 and shall notify the Commission and other Member States thereof and also of any subsequent amendment.

Article 5

Placing on the market and putting into service

1.   Before placing machinery on the market and/or putting it into service, the manufacturer or his authorised representative shall:

| (a) | ensure that it satisfies the relevant essential health and safety requirements set out in Annex I; |
| --- | --- |

(a)

ensure that it satisfies the relevant essential health and safety requirements set out in Annex I;

| (b) | ensure that the technical file referred to in Annex VII, part A is available; |
| --- | --- |

(b)

ensure that the technical file referred to in Annex VII, part A is available;

| (c) | provide, in particular, the necessary information, such as instructions; |
| --- | --- |

(c)

provide, in particular, the necessary information, such as instructions;

| (d) | carry out the appropriate procedures for assessing conformity in accordance with Article 12; |
| --- | --- |

(d)

carry out the appropriate procedures for assessing conformity in accordance with Article 12;

| (e) | draw up the EC declaration of conformity in accordance with Annex II, part 1, Section A and ensure that it accompanies the machinery; |
| --- | --- |

(e)

draw up the EC declaration of conformity in accordance with Annex II, part 1, Section A and ensure that it accompanies the machinery;

| (f) | affix the CE marking in accordance with Article 16. |
| --- | --- |

(f)

affix the CE marking in accordance with Article 16.

2.   Before placing partly completed machinery on the market, the manufacturer or his authorised representative shall ensure that the procedure referred to in Article 13 has been completed.

3.   For the purposes of the procedures referred to in Article 12, the manufacturer or his authorised representative shall have, or shall have access to, the necessary means of ensuring that the machinery satisfies the essential health and safety requirements set out in Annex I.

4.   Where machinery is also the subject of other Directives relating to other aspects and providing for the affixing of the CE marking, the marking shall indicate that the machinery also conforms to the provisions of those other Directives.

However, where one or more of those Directives allow the manufacturer or his authorised representative to choose, during a transitional period, the system to be applied, the CE marking shall indicate conformity only to the provisions of those Directives applied by the manufacturer or his authorised representative. Particulars of the Directives applied, as published in the Official Journal of the European Union, shall be given on the EC declaration of conformity.

Article 6

Freedom of movement

1.   Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service in their territory of machinery which complies with this Directive.

2.   Member States shall not prohibit, restrict or impede the placing on the market of partly completed machinery where the manufacturer or his authorised representative makes a declaration of incorporation, referred to in Annex II, part 1, Section B, stating that it is to be incorporated into machinery or assembled with other partly completed machinery to form machinery.

3.   At trade fairs, exhibitions, demonstrations and so on, Member States shall not prevent the showing of machinery or partly completed machinery which does not conform to this Directive, provided that a visible sign clearly indicates that it does not conform and that it will not be made available until it has been brought into conformity. Furthermore, during demonstrations of such non-conforming machinery or partly completed machinery, adequate safety measures shall be taken to ensure the protection of persons.

Article 7

Presumption of conformity and harmonised standards

1.   Member States shall regard machinery bearing the CE marking and accompanied by the EC declaration of conformity, the content of which is set out in Annex II, part 1, Section A, as complying with the provisions of this Directive.

2.   Machinery manufactured in conformity with a harmonised standard, the references to which have been published in the Official Journal of the European Union, shall be presumed to comply with the essential health and safety requirements covered by such a harmonised standard.

3.   The Commission shall publish in the Official Journal of the European Union the references of the harmonised standards.

4.   Member States shall take the appropriate measures to enable the social partners to have an influence at national level on the process of preparing and monitoring the harmonised standards.

Article 8

Specific measures

1.   The Commission, acting in accordance with the procedure referred to in Article 22(3), may take any appropriate measure to implement the provisions relating to the following points:

| (a) | updating of the indicative list of safety components in Annex V referred to in point (c) in Article 2; |
| --- | --- |

(a)

updating of the indicative list of safety components in Annex V referred to in point (c) in Article 2;

| (b) | restriction of the placing on the market of machinery referred to in Article 9. |
| --- | --- |

(b)

restriction of the placing on the market of machinery referred to in Article 9.

2.   The Commission, acting in accordance with the procedure referred to in Article 22(2), may take any appropriate measure connected with the implementation and practical application of this Directive, including measures necessary to ensure cooperation of Member States with each other and with the Commission, as provided for in Article 19(1).

Article 9

Specific measures to deal with potentially hazardous machinery

1.   When, in accordance with the procedure referred to in Article 10, the Commission considers that a harmonised standard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Annex I, the Commission may, in accordance with paragraph 3 of this Article, take measures requiring Member States to prohibit or restrict the placing on the market of machinery with technical characteristics presenting risks due to the shortcomings in the standard or to make such machinery subject to special conditions.

When, in accordance with the procedure referred to in Article 11, the Commission considers that a measure taken by a Member State is justified, the Commission may, in accordance with paragraph 3 of that Article, take measures requiring Member States to prohibit or restrict the placing on the market of machinery presenting the same risk by virtue of its technical characteristics or to make such machinery subject to special conditions.

2.   Any Member State may request the Commission to examine the need for the adoption of the measures referred to in paragraph 1.

3.   In the cases referred to in paragraph 1, the Commission shall consult the Member States and other interested parties indicating the measures it intends to take, in order to ensure, at Community level, a high level of protection of the health and safety of persons.

Taking due account of the results of this consultation, it shall adopt the necessary measures in accordance with the procedure referred to in Article 22(3).

Article 10

Procedure for disputing a harmonised standard

Where a Member State or the Commission considers that a harmonised standard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Annex I, the Commission or the Member State shall bring the matter before the committee set up by Directive 98/34/EC, setting out the reasons therefor. The committee shall deliver an opinion without delay. In the light of the committee's opinion, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the references to the harmonised standard concerned in the Official Journal of the European Union.

Article 11

Safeguard clause

1.   Where a Member State ascertains that machinery covered by this Directive, bearing the CE marking, accompanied by the EC declaration of conformity and used in accordance with its intended purpose or under conditions which can reasonably be foreseen, is liable to compromise the health and safety of persons and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such machinery from the market, to prohibit the placing on the market and/or putting into service of such machinery or to restrict free movement thereof.

2.   The Member State shall immediately inform the Commission and the other Member States of any such measure, indicating the reasons for its decision and, in particular, whether the non-conformity is due to:

| (a) | failure to satisfy the essential requirements referred to in Article 5(1)(a); |
| --- | --- |

(a)

failure to satisfy the essential requirements referred to in Article 5(1)(a);

| (b) | incorrect application of the harmonised standards referred to in Article 7(2); |
| --- | --- |

(b)

incorrect application of the harmonised standards referred to in Article 7(2);

| (c) | shortcomings in the harmonised standards themselves referred to in Article 7(2). |
| --- | --- |

(c)

shortcomings in the harmonised standards themselves referred to in Article 7(2).

3.   The Commission shall enter into consultation with the parties concerned without delay.

The Commission shall consider, after this consultation, whether or not the measures taken by the Member State are justified, and it shall communicate its decision to the Member State which took the initiative, the other Member States, and the manufacturer or his authorised representative.

4.   Where the measures referred to in paragraph 1 are based on a shortcoming in the harmonised standards and if the Member State which instigated the measures maintains its position, the Commission or the Member State shall initiate the procedure referred to in Article 10.

5.   Where machinery does not conform and bears the CE marking, the competent Member State shall take appropriate action against whomsoever has affixed the marking and shall so inform the Commission. The Commission shall inform the other Member States.

6.   The Commission shall ensure that Member States are kept informed of the progress and outcome of the procedure.

Article 12

Procedures for assessing the conformity of machinery

1.   The manufacturer or his authorised representative shall, in order to certify the conformity of machinery with the provisions of this Directive, apply one of the procedures for assessment of conformity described in paragraphs 2, 3 and 4.

2.   Where the machinery is not referred to in Annex IV, the manufacturer or his authorised representative shall apply the procedure for assessment of conformity with internal checks on the manufacture of machinery provided for in Annex VIII.

3.   Where the machinery is referred to in Annex IV and manufactured in accordance with the harmonised standards referred to in Article 7(2), and provided that those standards cover all of the relevant essential health and safety requirements, the manufacturer or his authorised representative shall apply one of the following procedures:

| (a) | the procedure for assessment of conformity with internal checks on the manufacture of machinery, provided for in Annex VIII; |
| --- | --- |

(a)

the procedure for assessment of conformity with internal checks on the manufacture of machinery, provided for in Annex VIII;

| (b) | the EC type-examination procedure provided for in Annex IX, plus the internal checks on the manufacture of machinery provided for in Annex VIII, point 3; |
| --- | --- |

(b)

the EC type-examination procedure provided for in Annex IX, plus the internal checks on the manufacture of machinery provided for in Annex VIII, point 3;

| (c) | the full quality assurance procedure provided for in Annex X. |
| --- | --- |

(c)

the full quality assurance procedure provided for in Annex X.

4.   Where the machinery is referred to in Annex IV and has not been manufactured in accordance with the harmonised standards referred to in Article 7(2), or only partly in accordance with such standards, or if the harmonised standards do not cover all the relevant essential health and safety requirements or if no harmonised standards exist for the machinery in question, the manufacturer or his authorised representative shall apply one of the following procedures:

| (a) | the EC type-examination procedure provided for in Annex IX, plus the internal checks on the manufacture of machinery provided for in Annex VIII, point 3; |
| --- | --- |

(a)

the EC type-examination procedure provided for in Annex IX, plus the internal checks on the manufacture of machinery provided for in Annex VIII, point 3;

| (b) | the full quality assurance procedure provided for in Annex X. |
| --- | --- |

(b)

the full quality assurance procedure provided for in Annex X.

Article 13

Procedure for partly completed machinery

1.   The manufacturer of partly completed machinery or his authorised representative shall, before placing it on the market, ensure that:

| (a) | the relevant technical documentation described in Annex VII, part B is prepared; |
| --- | --- |

(a)

the relevant technical documentation described in Annex VII, part B is prepared;

| (b) | assembly instructions described in Annex VI are prepared; |
| --- | --- |

(b)

assembly instructions described in Annex VI are prepared;

| (c) | a declaration of incorporation described in Annex II, part 1, Section B has been drawn up. |
| --- | --- |

(c)

a declaration of incorporation described in Annex II, part 1, Section B has been drawn up.

2.   The assembly instructions and the declaration of incorporation shall accompany the partly completed machinery until it is incorporated into the final machinery and shall then form part of the technical file for that machinery.

Article 14

Notified bodies

1.   Member States shall notify the Commission and the other Member States of the bodies which they have appointed to carry out the assessment of conformity for placing on the market referred to in Article 12(3) and (4), together with the specific conformity assessment procedures and categories of machinery for which these bodies have been appointed and the identification numbers assigned to them beforehand by the Commission. Member States shall notify the Commission and other Member States of any subsequent amendment.

2.   The Member States shall ensure that the notified bodies are monitored regularly to check that they comply at all times with the criteria set out in Annex XI. The notified body shall provide all relevant information on request, including budgetary documents, to enable the Member States to ensure that the requirements of Annex XI are met.

3.   Member States shall apply the criteria set out in Annex XI in assessing the bodies to be notified and the bodies already notified.

4.   The Commission shall publish in the Official Journal of the European Union, for information, a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.

5.   Bodies meeting the assessment criteria laid down in the relevant harmonised standards, the references of which shall be published in the Official Journal of the European Union, shall be presumed to fulfil the relevant criteria.

6.   If a notified body finds that relevant requirements of this Directive have not been met or are no longer met by the manufacturer or that an EC type-examination certificate or the approval of a quality assurance system should not have been issued, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate or the approval issued or place restrictions on it, giving detailed reasons, unless compliance with such requirements is ensured by the implementation of appropriate corrective measures by the manufacturer. In the event of suspension or withdrawal of the certificate or the approval or of any restriction placed on it, or in cases where intervention by the competent authority may prove necessary, the notified body shall inform the competent authority pursuant to Article 4. The Member State shall inform the other Member States and the Commission without delay. An appeal procedure shall be available.

7.   The Commission shall provide for the organisation of an exchange of experience between the authorities responsible for appointment, notification and monitoring of notified bodies in the Member States, and the notified bodies, in order to coordinate the uniform application of this Directive.

8.   A Member State which has notified a body shall immediately withdraw its notification if it finds:

| (a) | that the body no longer meets the criteria set out in Annex XI; or |
| --- | --- |

(a)

that the body no longer meets the criteria set out in Annex XI; or

| (b) | that the body seriously fails to fulfil its responsibilities. |
| --- | --- |

(b)

that the body seriously fails to fulfil its responsibilities.

The Member State shall immediately inform the Commission and the other Member States accordingly.

Article 15

Installation and use of machinery

This Directive shall not affect Member States' entitlement to lay down, in due observance of Community law, such requirements as they may deem necessary to ensure that persons, and in particular workers, are protected when using machinery, provided that this does not mean that such machinery is modified in a way not specified in this Directive.

Article 16

CE marking

1.   The CE conformity marking shall consist of the initials ‘CE’ as shown in Annex III.

2.   The CE marking shall be affixed to the machinery visibly, legibly and indelibly in accordance with Annex III.

3.   The affixing on machinery of markings, signs and inscriptions which are likely to mislead third parties as to the meaning
  or
  form of the CE marking
  , or both,
  shall be prohibited. Any other marking may be affixed to the machinery provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

Article 17

Non-conformity of marking

1.   Member States shall consider the following marking not to conform:

| (a) | the affixing of the CE marking pursuant to this Directive on products not covered by this Directive; |
| --- | --- |

(a)

the affixing of the CE marking pursuant to this Directive on products not covered by this Directive;

| (b) | the absence of the CE marking and/or the absence of the EC declaration of conformity for machinery; |
| --- | --- |

(b)

the absence of the CE marking and/or the absence of the EC declaration of conformity for machinery;

| (c) | the affixing on machinery of a marking, other than the CE marking, which is prohibited under Article 16(3). |
| --- | --- |

(c)

the affixing on machinery of a marking, other than the CE marking, which is prohibited under Article 16(3).

2.   Where a Member State ascertains that marking does not conform to the relevant provisions of this Directive, the manufacturer or his authorised representative shall be obliged to make the product conform and to put an end to the infringement under conditions fixed by that Member State.

3.   Where non-conformity persists, the Member State shall take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedure laid down in Article 11.

Article 18

Confidentiality

1.   Without prejudice to existing national provisions and practices in the area of confidentiality, Members States shall ensure that all parties
  and persons
  concerned by the application of this Directive are required to treat as confidential information obtained in the execution of their tasks
  . More particularly business, professional and trade secrets shall be treated as confidential
  , unless the divulging of such information is necessary in order to protect the health and safety of persons.

2.   The provisions of paragraph 1 shall not affect the obligations of the Member States and the notified bodies with regard to mutual exchange of information and the issuing of warnings.

3.   Any decisions taken by the Member States and by the Commission in accordance with Articles 9 and 11 shall be published.

Article 19

Cooperation between Member States

1.   Member States shall take the appropriate measures to ensure that the competent authorities referred to in Article 4(3) cooperate with each other and with the Commission and transmit to each other the information necessary to enable this Directive to be applied uniformly.

2.   The Commission shall provide for the organisation of an exchange of experience between the competent authorities responsible for market surveillance in order to coordinate the uniform application of this Directive.

Article 20

Legal remedies

Any measure taken pursuant to this Directive which restricts the placing on the market and/or putting into service of any machinery covered by this Directive shall state the exact grounds on which it is based. Such a measure shall be notified as soon as possible to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.

Article 21

Dissemination of information

The Commission shall take the necessary measures for appropriate information concerning the implementation of this Directive to be made available.

Article 22

Committee

1.   The Commission shall be assisted by a committee, hereinafter referred to as the ‘Committee’.

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

4.   The Committee shall adopt its rules of procedure.

Article 23

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (17) and shall notify it without delay of any subsequent amendment affecting them.

Article 24

Amendment of Directive 95/16/EC

Directive 95/16/EC is hereby amended as follows:

| 1) | in Article 1, paragraphs 2 and 3 shall be replaced by the following:
  ‘2.   For the purposes of this Directive, ‘lift’ shall mean a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of:






  — | persons, |
| --- | --- | --- |

1)

in Article 1, paragraphs 2 and 3 shall be replaced by the following:

‘2.   For the purposes of this Directive, ‘lift’ shall mean a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of:

—

persons,

| — | persons and goods, |
| --- | --- |

—

persons and goods,

| — | goods alone if the carrier is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier. |
| --- | --- |

—

goods alone if the carrier is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier.

Lifting appliances moving along a fixed course even where they do not move along guides which are rigid shall be considered as lifts falling within the scope of this Directive.

A ‘carrier’ means a part of the lift by which persons and/or goods are supported in order to be lifted or lowered.

3.   This Directive shall not apply to:

| — | lifting appliances whose speed is not greater than 0,15 m/s, |
| --- | --- |

—

lifting appliances whose speed is not greater than 0,15 m/s,

| — | construction site hoists, |
| --- | --- |

—

construction site hoists,

| — | cableways, including funicular railways, |
| --- | --- |

—

cableways, including funicular railways,

| — | lifts specially designed and constructed for military or police purposes, |
| --- | --- |

—

lifts specially designed and constructed for military or police purposes,

| — | lifting appliances from which work can be carried out, |
| --- | --- |

—

lifting appliances from which work can be carried out,

| — | mine winding gear, |
| --- | --- |

—

mine winding gear,

| — | lifting appliances intended for lifting performers during artistic performances, |
| --- | --- |

—

lifting appliances intended for lifting performers during artistic performances,

| — | lifting appliances fitted in means of transport, |
| --- | --- |

—

lifting appliances fitted in means of transport,

| — | lifting appliances connected to machinery and intended exclusively for access to workstations including maintenance and inspection points on the machinery, |
| --- | --- |

—

lifting appliances connected to machinery and intended exclusively for access to workstations including maintenance and inspection points on the machinery,

| — | rack and pinion trains, |
| --- | --- |

—

rack and pinion trains,

| — | escalators and mechanical walkways.’ |
| --- | --- |

—

escalators and mechanical walkways.’

| 2) | in Annex I, point 1.2 shall be replaced by the following:
  ‘1.2.   Carrier
  The carrier of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer.
  Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them.’ |
| --- | --- |

2)

in Annex I, point 1.2 shall be replaced by the following:

‘1.2.   Carrier

The carrier of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer.

Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them.’

Article 25

Repeal

Directive 98/37/EC is hereby repealed.

References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex XII.

Article 26

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (18)
  at the latest. They shall forthwith inform the Commission thereof.

They shall apply those provisions with effect from ... (19).

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

Article 27

Derogation

Until ... (20) Member States may allow the placing on the market and the putting into service of portable cartridge-operated fixing and other impact machinery which are in conformity with the national provisions in force upon adoption of this Directive.

Article 28

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 29

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 154 E, 29.5.2001, p. 164.

1

(2)  OJ C 311, 7.11.2001, p. 1.

2

(3)  Position of the European Parliament of 4 July 2002 (OJ C 271 E, 12.11.2003, p. 491), Council Common Position of 18 July 2005 (not yet published in the Official Journal) and Position of the European Parliament of 15 December 2005 (not yet published in the Official Journal).

3

Position

18 July 2005

15 December 2005

(4)  OJ L 207, 23.7.1998, p. 1. Directive as amended by Directive 98/79/EC (OJ L 331, 7.12.1998, p. 1).

4

(5)  Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member States relating to machinery (OJ L 183, 29.6.1989, p. 9).

5

Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member States relating to machinery

(6)  OJ L 256, 13.9.1991, p. 51.

6

(7)  OJ L 393, 30.12.1989, p. 13. Directive as last amended by Directive 2001/45/EC of the European Parliament and of the Council (OJ L 195, 19.7.2001, p. 46).

7

(8)  OJ L 171, 9.7.2003, p. 1. Directive as last amended by Commission Directive 2005/67/EC (OJ L 273, 19.10.2005, p. 17).

8

(9)  OJ L 220, 30.8.1993, p. 23.

9

(10)  OJ L 213, 7.9.1995, p. 1. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

10

(11)  OJ C 321, 31.12.2003, p. 1.

11

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

12

(13)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2005/64/EC of the European Parliament and of the Council (OJ L 310, 25.11.2005, p. 10

  ).

13

by Directive 2005/64/EC of the European Parliament and of the Council

310, 25.11.2005

10

)

(14)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17

  ).

14

2005/30/EC

106, 27.4.2005

17

)

(15)  OJ L 77, 26.3.1973, p. 29. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).

15

(16)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.

16

(17)  24 months after the date of entry into force of this Directive.

17

(18)  24 months after the date of entry into force of this Directive.

18

(19)  42 months after the date of entry into force of this Directive.

19

(20)  Five years after the date of entry into force of this Directive.

20

ANNEX I

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY

GENERAL PRINCIPLES

| 1. | The manufacturer of machinery or his authorised representative must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.
  By the iterative process of risk assessment and risk reduction referred to above, the manufacturer or his authorised representative shall:






  — | determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof, |
| --- | --- | --- |

1.

The manufacturer of machinery or his authorised representative must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.

By the iterative process of risk assessment and risk reduction referred to above, the manufacturer or his authorised representative shall:

—

determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof,

| — | identify the hazards that can be generated by the machinery and the associated hazardous situations, |
| --- | --- |

—

identify the hazards that can be generated by the machinery and the associated hazardous situations,

| — | estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence, |
| --- | --- |

—

estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,

| — | evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of this Directive, |
| --- | --- |

—

evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of this Directive,

| — | eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b). |
| --- | --- |

—

eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b).

| 2. | The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the manufacturer or his authorised representative or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 apply. |
| --- | --- |

2.

The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the manufacturer or his authorised representative or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 apply.

| 3. | The essential health and safety requirements laid down in this Annex are mandatory; However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives. |
| --- | --- |

3.

The essential health and safety requirements laid down in this Annex are mandatory; However, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives.

| 4. | This Annex is organised in several parts. The first one has a general scope and is applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. |
| --- | --- |

4.

This Annex is organised in several parts. The first one has a general scope and is applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles.

1.   ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

1.1.   General remarks

1.1.1.   Definitions

For the purpose of this Annex:

| (a) | ‘hazard’ means a potential source of injury or damage to health; |
| --- | --- |

(a)

‘hazard’ means a potential source of injury or damage to health;

| (b) | ‘danger zone’ means any zone within and/or around machinery in which a person is subject to a risk to his health or safety; |
| --- | --- |

(b)

‘danger zone’ means any zone within and/or around machinery in which a person is subject to a risk to his health or safety;

| (c) | ‘exposed person’ means any person wholly or partially in a danger zone; |
| --- | --- |

(c)

‘exposed person’ means any person wholly or partially in a danger zone;

| (d) | ‘operator’ means the person or persons installing, operating, adjusting, maintaining, cleaning, repairing or moving machinery; |
| --- | --- |

(d)

‘operator’ means the person or persons installing, operating, adjusting, maintaining, cleaning, repairing or moving machinery;

| (e) | ‘risk’ means a combination of the probability and the degree of an injury or damage to health that can arise in a hazardous situation; |
| --- | --- |

(e)

‘risk’ means a combination of the probability and the degree of an injury or damage to health that can arise in a hazardous situation;

| (f) | ‘guard’ means a part of the machinery used specifically to provide protection by means of a physical barrier; |
| --- | --- |

(f)

‘guard’ means a part of the machinery used specifically to provide protection by means of a physical barrier;

| (g) | ‘protective device’ means a device (other than a guard) which reduces the risk, either alone or in conjunction with a guard; |
| --- | --- |

(g)

‘protective device’ means a device (other than a guard) which reduces the risk, either alone or in conjunction with a guard;

| (h) | ‘intended use’ means the use of machinery in accordance with the information provided in the instructions for use; |
| --- | --- |

(h)

‘intended use’ means the use of machinery in accordance with the information provided in the instructions for use;

| (i) | ‘reasonably foreseeable misuse’ means the use of machinery in a way not intended in the instructions for use, but which may result from readily predictable human behaviour. |
| --- | --- |

(i)

‘reasonably foreseeable misuse’ means the use of machinery in a way not intended in the instructions for use, but which may result from readily predictable human behaviour.

1.1.2.   Principles of safety integration

| (a) | Machinery must be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen but also taking into account any reasonably foreseeable misuse thereof.
  The aim of measures taken must be to eliminate any risk throughout the foreseeable lifetime of the machinery including the phases of transport, assembly, dismantling, disabling and scrapping. |
| --- | --- |

(a)

Machinery must be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen but also taking into account any reasonably foreseeable misuse thereof.

The aim of measures taken must be to eliminate any risk throughout the foreseeable lifetime of the machinery including the phases of transport, assembly, dismantling, disabling and scrapping.

| (b) | In selecting the most appropriate methods, the manufacturer or his authorised representative must apply the following principles, in the order given:






  — | eliminate or reduce risks as far as possible (inherently safe machinery design and construction), |
| --- | --- | --- |

(b)

In selecting the most appropriate methods, the manufacturer or his authorised representative must apply the following principles, in the order given:

—

eliminate or reduce risks as far as possible (inherently safe machinery design and construction),

| — | take the necessary protective measures in relation to risks that cannot be eliminated, |
| --- | --- |

—

take the necessary protective measures in relation to risks that cannot be eliminated,

| — | inform users of the residual risks due to any shortcomings of the protective measures adopted, indicate whether any particular training is required and specify any need to provide personal protective equipment. |
| --- | --- |

—

inform users of the residual risks due to any shortcomings of the protective measures adopted, indicate whether any particular training is required and specify any need to provide personal protective equipment.

| (c) | When designing and constructing machinery and when drafting the instructions, the manufacturer or his authorised representative must envisage not only the intended use of the machinery but also any reasonably foreseeable misuse thereof.
  The machinery must be designed and constructed in such a way as to prevent abnormal use if such use would engender a risk. Where appropriate, the instructions must draw the user's attention to ways — which experience has shown might occur — in which the machinery should not be used. |
| --- | --- |

(c)

When designing and constructing machinery and when drafting the instructions, the manufacturer or his authorised representative must envisage not only the intended use of the machinery but also any reasonably foreseeable misuse thereof.

The machinery must be designed and constructed in such a way as to prevent abnormal use if such use would engender a risk. Where appropriate, the instructions must draw the user's attention to ways — which experience has shown might occur — in which the machinery should not be used.

| (d) | Machinery must be designed and constructed to take account of the constraints to which the operator is subject as a result of the necessary or foreseeable use of personal protective equipment. |
| --- | --- |

(d)

Machinery must be designed and constructed to take account of the constraints to which the operator is subject as a result of the necessary or foreseeable use of personal protective equipment.

| (e) | Machinery must be supplied with all the special equipment and accessories essential to enable it to be adjusted, maintained and used safely. |
| --- | --- |

(e)

Machinery must be supplied with all the special equipment and accessories essential to enable it to be adjusted, maintained and used safely.

1.1.3.   Materials and products

The materials used to construct machinery or products used or created during its use must not endanger persons' safety or health. In particular, where fluids are used, machinery must be designed and constructed to prevent risks due to filling, use, recovery or draining.

1.1.4.   Lighting

Machinery must be supplied with integral lighting suitable for the operations concerned where the absence thereof is likely to cause a risk despite ambient lighting of normal intensity.

Machinery must be designed and constructed so that there is no area of shadow likely to cause nuisance, that there is no irritating dazzle and that there are no dangerous stroboscopic effects on moving parts due to the lighting.

Internal parts requiring frequent inspection and adjustment, and maintenance areas must be provided with appropriate lighting.

1.1.5.   Design of machinery to facilitate its handling

Machinery, or each component part thereof, must:

| — | be capable of being handled and transported safely, |
| --- | --- |

—

be capable of being handled and transported safely,

| — | be packaged or designed so that it can be stored safely and without damage. |
| --- | --- |

—

be packaged or designed so that it can be stored safely and without damage.

During the transportation of the machinery and/or its component parts, there must be no possibility of sudden movements or of hazards due to instability as long as the machinery and/or its component parts are handled in accordance with the instructions.

Where the weight, size or shape of machinery or its various component parts prevents them from being moved by hand, the machinery or each component part must:

| — | either be fitted with attachments for lifting gear, or |
| --- | --- |

—

either be fitted with attachments for lifting gear, or

| — | be designed so that it can be fitted with such attachments, or |
| --- | --- |

—

be designed so that it can be fitted with such attachments, or

| — | be shaped in such a way that standard lifting gear can easily be attached. |
| --- | --- |

—

be shaped in such a way that standard lifting gear can easily be attached.

Where machinery or one of its component parts is to be moved by hand, it must:

| — | either be easily moveable, or |
| --- | --- |

—

either be easily moveable, or

| — | be equipped for picking up and moving safely. |
| --- | --- |

—

be equipped for picking up and moving safely.

Special arrangements must be made for the handling of tools and/or machinery parts which, even if lightweight, could be hazardous.

1.1.6.   Ergonomics

Under the intended conditions of use, the discomfort, fatigue and physical and psychological stress faced by the operator must be reduced to the minimum possible, taking into account ergonomic principles such as:

| — | allowing for the variability of the operator's physical dimensions, strength and stamina, |
| --- | --- |

—

allowing for the variability of the operator's physical dimensions, strength and stamina,

| — | providing enough space for movements of the parts of the operator's body, |
| --- | --- |

—

providing enough space for movements of the parts of the operator's body,

| — | avoiding a machine-determined work rate, |
| --- | --- |

—

avoiding a machine-determined work rate,

| — | avoiding monitoring that requires lengthy concentration, |
| --- | --- |

—

avoiding monitoring that requires lengthy concentration,

| — | adapting the man/machinery interface to the foreseeable characteristics of the operators. |
| --- | --- |

—

adapting the man/machinery interface to the foreseeable characteristics of the operators.

1.1.7.   Operating positions

The operating position must be designed and constructed in such a way as to avoid any risk due to exhaust gases and/or lack of oxygen.

If the machinery is intended to be used in a hazardous environment presenting risks to the health and safety of the operator or if the machinery itself gives rise to a hazardous environment, adequate means must be provided to ensure that the operator has good working conditions and is protected against any foreseeable hazards.

Where appropriate, the operating position must be fitted with an adequate cabin designed, constructed and/or equipped to fulfil the above requirements. The exit must allow rapid evacuation. Moreover, when applicable, an emergency exit must be provided in a direction which is different from the usual exit.

1.1.8.   Seating

Where appropriate and where the working conditions so permit, work stations constituting an integral part of the machinery must be designed for the installation of seats.

If the operator is intended to sit during operation and the operating position is an integral part of the machinery, the seat must be provided with the machinery.

The operator's seat must enable him to maintain a stable position. Furthermore, the seat and its distance from the control devices must be capable of being adapted to the operator.

If the machinery is subject to vibrations, the seat must be designed and constructed in such a way as to reduce the vibrations transmitted to the operator to the lowest level that is reasonably possible. The seat mountings must withstand all stresses to which they can be subjected. Where there is no floor beneath the feet of the operator, footrests covered with a slip-resistant material must be provided.

1.2.   Control systems

1.2.1.   Safety and reliability of control systems

Control systems must be designed and constructed in such a way as to prevent hazardous situations from arising. Above all, they must be designed and constructed in such a way that:

| — | they can withstand the intended operating stresses and external influences, |
| --- | --- |

—

they can withstand the intended operating stresses and external influences,

| — | a fault in the hardware or the software of the control system does not lead to hazardous situations, |
| --- | --- |

—

a fault in the hardware or the software of the control system does not lead to hazardous situations,

| — | errors in the control system logic do not lead to hazardous situations, |
| --- | --- |

—

errors in the control system logic do not lead to hazardous situations,

| — | reasonably foreseeable human error during operation does not lead to hazardous situations. |
| --- | --- |

—

reasonably foreseeable human error during operation does not lead to hazardous situations.

Particular attention must be given to the following points:

| — | the machinery must not start unexpectedly, |
| --- | --- |

—

the machinery must not start unexpectedly,

| — | the parameters of the machinery must not change in an uncontrolled way, where such change may lead to hazardous situations, |
| --- | --- |

—

the parameters of the machinery must not change in an uncontrolled way, where such change may lead to hazardous situations,

| — | the machinery must not be prevented from stopping if the stop command has already been given, |
| --- | --- |

—

the machinery must not be prevented from stopping if the stop command has already been given,

| — | no moving part of the machinery or piece held by the machinery must fall or be ejected, |
| --- | --- |

—

no moving part of the machinery or piece held by the machinery must fall or be ejected,

| — | automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded, |
| --- | --- |

—

automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded,

| — | the protective devices must remain fully effective or give a stop command, |
| --- | --- |

—

the protective devices must remain fully effective or give a stop command,

| — | the safety-related parts of the control system must apply in a coherent way to the whole of an assembly of machinery and/or partly completed machinery. |
| --- | --- |

—

the safety-related parts of the control system must apply in a coherent way to the whole of an assembly of machinery and/or partly completed machinery.

For cable-less control, an automatic stop must be activated when correct control signals are not received, including loss of communication.

1.2.2.   Control devices

Control devices must be:

| — | clearly visible and identifiable, using pictograms where appropriate, |
| --- | --- |

—

clearly visible and identifiable, using pictograms where appropriate,

| — | positioned in such a way as to be safely operated without hesitation or loss of time and without ambiguity, |
| --- | --- |

—

positioned in such a way as to be safely operated without hesitation or loss of time and without ambiguity,

| — | designed in such a way that the movement of the control device is consistent with its effect, |
| --- | --- |

—

designed in such a way that the movement of the control device is consistent with its effect,

| — | located outside the danger zones, except where necessary for certain control devices such as an emergency stop or a teach pendant, |
| --- | --- |

—

located outside the danger zones, except where necessary for certain control devices such as an emergency stop or a teach pendant,

| — | positioned in such a way that their operation cannot cause additional risk, |
| --- | --- |

—

positioned in such a way that their operation cannot cause additional risk,

| — | designed or protected in such a way that the desired effect, where a hazard is involved, can only be achieved by a deliberate action, |
| --- | --- |

—

designed or protected in such a way that the desired effect, where a hazard is involved, can only be achieved by a deliberate action,

| — | made in such a way as to withstand foreseeable forces; particular attention must be paid to emergency stop devices liable to be subjected to considerable forces. |
| --- | --- |

—

made in such a way as to withstand foreseeable forces; particular attention must be paid to emergency stop devices liable to be subjected to considerable forces.

Where a control device is designed and constructed to perform several different actions, namely where there is no one-to-one correspondence, the action to be performed must be clearly displayed and subject to confirmation, where necessary.

Control devices must be so arranged that their layout, travel and resistance to operation are compatible with the action to be performed, taking account of ergonomic principles.

Machinery must be fitted with indicators as required for safe operation. The operator must be able to read them from the control position.

From each control position, the operator must be able to ensure that no-one is in the danger zones, or the control system must be designed and constructed in such a way that starting is prevented while someone is in the danger zone.

If neither of these possibilities is applicable, before the machinery starts, an acoustic and/or visual warning signal must be given. The exposed persons must have time to leave the danger zone or prevent the machinery starting up.

If necessary, means must be provided to ensure that the machinery can be controlled only from control positions located in one or more predetermined zones or locations.

Where there is more than one control position, the control system must be designed in such a way that the use of one of them precludes the use of the others, except for stop controls and emergency stops.

When machinery has two or more operating positions, each position must be provided with all the required control devices without the operators hindering or putting each other into a hazardous situation.

1.2.3.   Starting

It must be possible to start machinery only by voluntary actuation of a control device provided for the purpose.

The same requirement applies:

| — | when restarting the machinery after a stoppage, whatever the cause, |
| --- | --- |

—

when restarting the machinery after a stoppage, whatever the cause,

| — | when effecting a significant change in the operating conditions. |
| --- | --- |

—

when effecting a significant change in the operating conditions.

However, the restarting of the machinery or a change in operating conditions may be effected by voluntary actuation of a device other than the control device provided for the purpose, on condition that this does not lead to a hazardous situation.

For machinery functioning in automatic mode, the starting of the machinery, restarting after a stoppage, or a change in operating conditions may be possible without intervention, provided this does not lead to a hazardous situation.

Where machinery has several starting control devices and the operators can therefore put each other in danger, additional devices must be fitted to rule out such risks.

If safety requires that starting and/or stopping must be performed in a specific sequence, there must be devices which ensure that these operations are performed in the correct order.

1.2.4.   Stopping

1.2.4.1.   Normal stop

Machinery must be fitted with a control device whereby the machinery can be brought safely to a complete stop.

Each workstation must be fitted with a control device to stop some or all of the functions of the machinery, depending on the existing hazards, so that the machinery is rendered safe.

The machinery's stop control must have priority over the start controls.

Once the machinery or its hazardous functions have stopped, the energy supply to the actuators concerned must be cut off.

1.2.4.2.   Operational stop

Where, for operational reasons, a stop control that does not cut off the energy supply to the actuators is required, the stop condition must be monitored and maintained.

1.2.4.3.   Emergency stop

Machinery must be fitted with one or more emergency stop devices to enable actual or impending danger to be averted.

The following exceptions apply:

| — | machinery in which an emergency stop device would not lessen the risk, either because it would not reduce the stopping time or because it would not enable the special measures required to deal with the risk to be taken, |
| --- | --- |

—

machinery in which an emergency stop device would not lessen the risk, either because it would not reduce the stopping time or because it would not enable the special measures required to deal with the risk to be taken,

| — | portable hand-held and/or hand-guided machinery. |
| --- | --- |

—

portable hand-held and/or hand-guided machinery.

The device must:

| — | have clearly identifiable, clearly visible and quickly accessible control devices, |
| --- | --- |

—

have clearly identifiable, clearly visible and quickly accessible control devices,

| — | stop the hazardous process as quickly as possible, without creating additional risks, |
| --- | --- |

—

stop the hazardous process as quickly as possible, without creating additional risks,

| — | where necessary, trigger or permit the triggering of certain safeguard movements. |
| --- | --- |

—

where necessary, trigger or permit the triggering of certain safeguard movements.

Once active operation of the emergency stop device has ceased following a stop command, that command must be sustained by engagement of the emergency stop device until that engagement is specifically overridden; it must not be possible to engage the device without triggering a stop command; it must be possible to disengage the device only by an appropriate operation, and disengaging the device must not restart the machinery but only permit restarting.

The emergency stop function must be available and operational at all times, regardless of the operating mode.

Emergency stop devices must be a back-up to other safeguarding measures and not a substitute for them.

1.2.4.4.   Assembly of machinery

In the case of machinery or parts of machinery designed to work together, the machinery must be designed and constructed in such a way that the stop controls, including the emergency stop devices, can stop not only the machinery itself but also all related equipment, if its continued operation may be dangerous.

1.2.5.   Selection of control or operating modes

The control or operating mode selected must override all other control or operating modes, with the exception of the emergency stop.

If machinery has been designed and constructed to allow its use in several control or operating modes requiring different protective measures and/or work procedures, it must be fitted with a mode selector which can be locked in each position. Each position of the selector must be clearly identifiable and must correspond to a single operating or control mode.

The selector may be replaced by another selection method which restricts the use of certain functions of the machinery to certain categories of operator.

If, for certain operations, the machinery must be able to operate with a guard displaced or removed and/or a protective device disabled, the control or operating mode selector must simultaneously:

| — | disable all other control or operating modes, |
| --- | --- |

—

disable all other control or operating modes,

| — | permit operation of hazardous functions only by control devices requiring sustained action, |
| --- | --- |

—

permit operation of hazardous functions only by control devices requiring sustained action,

| — | permit the operation of hazardous functions only in reduced risk conditions while preventing hazards from linked sequences, |
| --- | --- |

—

permit the operation of hazardous functions only in reduced risk conditions while preventing hazards from linked sequences,

| — | prevent any operation of hazardous functions by voluntary or involuntary action on the machine's sensors. |
| --- | --- |

—

prevent any operation of hazardous functions by voluntary or involuntary action on the machine's sensors.

If these four conditions cannot be fulfilled simultaneously, the control or operating mode selector must activate other protective measures designed and constructed to ensure a safe intervention zone.

In addition, the operator must be able to control operation of the parts he is working on from the adjustment point.

1.2.6.   Failure of the power supply

The interruption, the re-establishment after an interruption or the fluctuation in whatever manner of the power supply to the machinery must not lead to dangerous situations.

Particular attention must be given to the following points:

| — | the machinery must not start unexpectedly, |
| --- | --- |

—

the machinery must not start unexpectedly,

| — | the parameters of the machinery must not change in an uncontrolled way when such change can lead to hazardous situations, |
| --- | --- |

—

the parameters of the machinery must not change in an uncontrolled way when such change can lead to hazardous situations,

| — | the machinery must not be prevented from stopping if the command has already been given, |
| --- | --- |

—

the machinery must not be prevented from stopping if the command has already been given,

| — | no moving part of the machinery or piece held by the machinery must fall or be ejected, |
| --- | --- |

—

no moving part of the machinery or piece held by the machinery must fall or be ejected,

| — | automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded, |
| --- | --- |

—

automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded,

| — | the protective devices must remain fully effective or give a stop command. |
| --- | --- |

—

the protective devices must remain fully effective or give a stop command.

1.3.   Protection against mechanical hazards

1.3.1.   Risk of loss of stability

Machinery and its components and fittings must be stable enough to avoid overturning, falling or uncontrolled movements during transportation, assembly,
  dismantling and
  any other action involving the machinery.

If the shape of the machinery itself or its intended installation does not offer sufficient stability, appropriate means of anchorage must be incorporated and indicated in the instructions.

1.3.2.   Risk of break-up during operation

The various parts of machinery and their linkages must be able to withstand the stresses to which they are subject when used.

The durability of the materials used must be adequate for the nature of the working environment foreseen by the manufacturer or his authorised representative, in particular as regards the phenomena of fatigue, ageing, corrosion and abrasion.

The instructions must indicate the type and frequency of inspections and maintenance required for safety reasons. They must, where appropriate, indicate the parts subject to wear and the criteria for replacement.

Where a risk of rupture or disintegration remains despite the measures taken, the parts concerned must be mounted, positioned and/or guarded in such a way that any fragments will be contained, preventing hazardous situations.

Both rigid and flexible pipes carrying fluids, particularly those under high pressure, must be able to withstand the foreseen internal and external stresses and must be firmly attached and/or protected to ensure that no risk is posed by a rupture.

Where the material to be processed is fed to the tool automatically, the following conditions must be fulfilled to avoid risks to persons:

| — | when the workpiece comes into contact with the tool, the latter must have attained its normal working condition, |
| --- | --- |

—

when the workpiece comes into contact with the tool, the latter must have attained its normal working condition,

| — | when the tool starts and/or stops (intentionally or accidentally), the feed movement and the tool movement must be coordinated. |
| --- | --- |

—

when the tool starts and/or stops (intentionally or accidentally), the feed movement and the tool movement must be coordinated.

1.3.3.   Risks due to falling or ejected objects

Precautions must be taken to prevent risks from falling or ejected objects.

1.3.4.   Risks due to surfaces, edges or angles

In so far as their purpose allows, accessible parts of the machinery must have no sharp edges, no sharp angles and no rough surfaces likely to cause injury.

1.3.5.   Risks related to combined machinery

Where the machinery is intended to carry out several different operations with manual removal of the piece between each operation (combined machinery), it must be designed and constructed in such a way as to enable each element to be used separately without the other elements constituting a risk for exposed persons.

For this purpose, it must be possible to start and stop separately any elements that are not protected.

1.3.6.   Risks related to variations in operating conditions

Where the machinery performs operations under different conditions of use, it must be designed and constructed in such a way that selection and adjustment of these conditions can be carried out safely and reliably.

1.3.7.   Risks related to moving parts

The moving parts of machinery must be designed and constructed in such a way as to prevent risks of contact which could lead to accidents or must, where risks persist, be fitted with guards or protective devices.

All necessary steps must be taken to prevent accidental blockage of moving parts involved in the work. In cases where, despite the precautions taken, a blockage is likely to occur, the necessary specific protective devices and tools must, when appropriate, be provided to enable the equipment to be safely unblocked.

The instructions and, where possible, a sign on the machinery shall identify these specific protective devices and how they are to be used.

1.3.8.   Choice of protection against risks arising from moving parts

Guards or protective devices designed to protect against risks arising from moving parts must be selected on the basis of the type of risk. The following guidelines must be used to help to make the choice.

1.3.8.1.   Moving transmission parts

Guards designed to protect persons against the hazards generated by moving transmission parts must be:

| — | either fixed guards as referred to in section 1.4.2.1, or |
| --- | --- |

—

either fixed guards as referred to in section 1.4.2.1, or

| — | interlocking movable guards as referred to in section 1.4.2.2. |
| --- | --- |

—

interlocking movable guards as referred to in section 1.4.2.2.

Interlocking movable guards should be used where frequent access is envisaged.

1.3.8.2.   Moving parts involved in the process

Guards or protective devices designed to protect persons against the hazards generated by moving parts involved in the process must be:

| — | either fixed guards as referred to in section 1.4.2.1, or |
| --- | --- |

—

either fixed guards as referred to in section 1.4.2.1, or

| — | interlocking movable guards as referred to in section 1.4.2.2, or |
| --- | --- |

—

interlocking movable guards as referred to in section 1.4.2.2, or

| — | protective devices as referred to in section 1.4.3, or |
| --- | --- |

—

protective devices as referred to in section 1.4.3, or

| — | a combination of the above. |
| --- | --- |

—

a combination of the above.

However, when certain moving parts directly involved in the process cannot be made completely inaccessible during operation owing to operations requiring operator intervention, such parts must be fitted with:

| — | fixed guards or interlocking movable guards preventing access to those sections of the parts that are not used in the work, and |
| --- | --- |

—

fixed guards or interlocking movable guards preventing access to those sections of the parts that are not used in the work, and

| — | adjustable guards as referred to in section 1.4.2.3 restricting access to those sections of the moving parts where access is necessary. |
| --- | --- |

—

adjustable guards as referred to in section 1.4.2.3 restricting access to those sections of the moving parts where access is necessary.

1.3.9.   Risks of uncontrolled movements

When a part of the machinery has been stopped, any drift away from the stopping position, for whatever reason other than action on the control devices, must be prevented or must be such that it does not present a hazard.

1.4.   Required characteristics of guards and protective devices

1.4.1.   General requirements

Guards and protective devices must:

| — | be of robust construction, |
| --- | --- |

—

be of robust construction,

| — | be securely held in place, |
| --- | --- |

—

be securely held in place,

| — | not give rise to any additional hazard, |
| --- | --- |

—

not give rise to any additional hazard,

| — | not be easy to by-pass or render non-operational, |
| --- | --- |

—

not be easy to by-pass or render non-operational,

| — | be located at an adequate distance from the danger zone, |
| --- | --- |

—

be located at an adequate distance from the danger zone,

| — | cause minimum obstruction to the view of the production process, and |
| --- | --- |

—

cause minimum obstruction to the view of the production process, and

| — | enable essential work to be carried out on the installation and/or replacement of tools and for maintenance purposes by restricting access exclusively to the area where the work has to be done, if possible without the guard having to be removed or the protective device having to be disabled. |
| --- | --- |

—

enable essential work to be carried out on the installation and/or replacement of tools and for maintenance purposes by restricting access exclusively to the area where the work has to be done, if possible without the guard having to be removed or the protective device having to be disabled.

In addition, guards must, where possible, protect against the ejection or falling of materials or objects and against emissions generated by the machinery.

1.4.2.   Special requirements for guards

1.4.2.1.   Fixed guards

Fixed guards must be fixed by systems that can be opened or removed only with tools.

Their fixing systems must remain attached to the guards or to the machinery when the guards are removed.

Where possible, guards must be incapable of remaining in place without their fixings.

1.4.2.2.   Interlocking movable guards

Interlocking movable guards must:

| — | as far as possible remain attached to the machinery when open, |
| --- | --- |

—

as far as possible remain attached to the machinery when open,

| — | be designed and constructed in such a way that they can be adjusted only by means of an intentional action. |
| --- | --- |

—

be designed and constructed in such a way that they can be adjusted only by means of an intentional action.

Interlocking movable guards must be associated with an interlocking device that:

| — | prevents the start of hazardous machinery functions until they are closed and |
| --- | --- |

—

prevents the start of hazardous machinery functions until they are closed and

| — | gives a stop command whenever they are no longer closed. |
| --- | --- |

—

gives a stop command whenever they are no longer closed.

Where it is possible for an operator to reach the danger zone before the risk due to the hazardous machinery functions has ceased, movable guards must be associated with a guard locking device in addition to an interlocking device that:

| — | prevents the start of hazardous machinery functions until the guard is closed and locked, and |
| --- | --- |

—

prevents the start of hazardous machinery functions until the guard is closed and locked, and

| — | keeps the guard closed and locked until the risk of injury from the hazardous machinery functions has ceased. |
| --- | --- |

—

keeps the guard closed and locked until the risk of injury from the hazardous machinery functions has ceased.

Interlocking movable guards must be designed in such a way that the absence or failure of one of their components prevents starting or stops the hazardous machinery functions.

1.4.2.3.   Adjustable guards restricting access

Adjustable guards restricting access to those areas of the moving parts strictly necessary for the work must be:

| — | adjustable manually or automatically, depending on the type of work involved, and |
| --- | --- |

—

adjustable manually or automatically, depending on the type of work involved, and

| — | readily adjustable without the use of tools. |
| --- | --- |

—

readily adjustable without the use of tools.

1.4.3.   Special requirements for protective devices

Protective devices must be designed and incorporated into the control system in such a way that:

| — | moving parts cannot start up while they are within the operator's reach, |
| --- | --- |

—

moving parts cannot start up while they are within the operator's reach,

| — | persons cannot reach moving parts while the parts are moving, and |
| --- | --- |

—

persons cannot reach moving parts while the parts are moving, and

| — | the absence or failure of one of their components prevents starting or stops the moving parts. |
| --- | --- |

—

the absence or failure of one of their components prevents starting or stops the moving parts.

Protective devices must be adjustable only by means of an intentional action.

1.5.   Risks due to other hazards

1.5.1.   Electricity supply

Where machinery has an electricity supply, it must be designed, constructed and equipped in such a way that all hazards of an electrical nature are or can be prevented.

The safety objectives set out in Directive 73/23/EEC shall apply to machinery. However, the obligations concerning conformity assessment and the placing on the market and/or putting into service of machinery with regard to electrical hazards are governed solely by this Directive.

1.5.2.   Static electricity

Machinery must be designed and constructed to prevent or limit the build-up of potentially dangerous electrostatic charges and/or be fitted with a discharging system.

1.5.3.   Energy supply other than electricity

Where machinery is powered by source of energy other than electricity, it must be so designed, constructed and equipped as to avoid all potential risks associated with such sources of energy.

1.5.4.   Errors of fitting

Errors likely to be made when fitting or refitting certain parts which could be a source of risk must be made impossible by the design and construction of such parts or, failing this, by information given on the parts themselves and/or their housings. The same information must be given on moving parts and/or their housings where the direction of movement needs to be known in order to avoid a risk.

Where necessary, the instructions must give further information on these risks.

Where a faulty connection can be the source of risk, incorrect connections must be made impossible by design or, failing this, by information given on the elements to be connected and, where appropriate, on the means of connection.

1.5.5.   Extreme temperatures

Steps must be taken to eliminate any risk of injury arising from contact with or proximity to machinery parts or materials at high or very low temperatures.

The necessary steps must also be taken to avoid or protect against the risk of hot or very cold material being ejected.

1.5.6.   Fire

Machinery must be designed and constructed in such a way as to avoid any risk of fire or overheating posed by the machinery itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery.

1.5.7.   Explosion

Machinery must be designed and constructed in such a way as to avoid any risk of explosion posed by the machinery itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery.

Machinery must comply, as far as the risk of explosion due to its use in a potentially explosive atmosphere is concerned, with the provisions of the specific Community Directives.

1.5.8.   Noise

Machinery must be designed and constructed in such a way that risks resulting from the emission of airborne noise are reduced to the lowest level, taking account of technical progress and the availability of means of reducing noise, in particular at source.

The level of noise emission may be assessed with reference to comparative emission data for similar machinery.

1.5.9.   Vibrations

Machinery must be designed and constructed in such a way that risks resulting from vibrations produced by the machinery are reduced to the lowest level, taking account of technical progress and the availability of means of reducing vibration, in particular at source.

The level of vibration emission may be assessed with reference to comparative emission data for similar machinery.

1.5.10.   Radiation

Undesirable radiation emissions from the machinery must be eliminated or be reduced to levels that do not have adverse effects on persons.

Any functional ionising radiation emissions must be limited to the lowest level which is sufficient for the proper functioning of the machinery during setting, operation and cleaning. Where a risk exists, the necessary protective measures must be taken.

Any functional non-ionising radiation emissions during setting, operation and cleaning must be limited to levels that do not have adverse effects on persons.

1.5.11.   External radiation

Machinery must be designed and constructed in such a way that external radiation does not interfere with its operation.

1.5.12.   Laser radiation

Where laser equipment is used, the following should be taken into account:

| — | laser equipment on machinery must be designed and constructed in such a way as to prevent any accidental radiation, |
| --- | --- |

—

laser equipment on machinery must be designed and constructed in such a way as to prevent any accidental radiation,

| — | laser equipment on machinery must be protected in such a way that effective radiation, radiation produced by reflection or diffusion and secondary radiation do not damage health, |
| --- | --- |

—

laser equipment on machinery must be protected in such a way that effective radiation, radiation produced by reflection or diffusion and secondary radiation do not damage health,

| — | optical equipment for the observation or adjustment of laser equipment on machinery must be such that no health risk is created by laser radiation. |
| --- | --- |

—

optical equipment for the observation or adjustment of laser equipment on machinery must be such that no health risk is created by laser radiation.

1.5.13.   Emissions of hazardous materials and substances

Machinery must be designed and constructed in such a way that risks of inhalation, ingestion, contact with the skin, eyes and mucous membranes and penetration through the skin of hazardous materials and substances which it produces can be avoided.

Where a hazard cannot be eliminated, the machinery must be so equipped that hazardous materials and substances can be contained, evacuated, precipitated by water spraying, filtered or treated by another equally effective method.

Where the process is not totally enclosed during normal operation of the machinery, the devices for containment and/or evacuation must be situated in such a way as to have the maximum effect.

1.5.14.   Risk of being trapped in a machine

Machinery must be designed, constructed or fitted with a means of preventing a person from being enclosed within it or, if that is impossible, with a means of summoning help.

1.5.15.   Risk of slipping, tripping or falling

Parts of the machinery where persons are liable to move about or stand must be designed and constructed in such a way as to prevent persons slipping, tripping or falling on or off these parts.

Where appropriate, these parts must be fitted with handholds that are fixed relative to the user and that enable them to maintain their stability.

1.5.16.   Lightning

Machinery in need of protection against the effects of lightning while being used must be fitted with a system for conducting the resultant electrical charge to earth.

1.6.   Maintenance

1.6.1.   Machinery maintenance

Adjustment and maintenance points must be located outside danger zones. It must be possible to carry out adjustment, maintenance, repair, cleaning and servicing operations while machinery is at a standstill.

If one or more of the above conditions cannot be satisfied for technical reasons, measures must be taken to ensure that these operations can be carried out safely (see section 1.2.5).

In the case of automated machinery and, where necessary, other machinery, a connecting device for mounting diagnostic fault-finding equipment must be provided.

Automated machinery components which have to be changed frequently must be capable of being removed and replaced easily and safely. Access to the components must enable these tasks to be carried out with the necessary technical means in accordance with a specified operating method.

1.6.2.   Access to operating positions and servicing points

Machinery must be designed and constructed in such a way as to allow access in safety to all areas where intervention is necessary during operation, adjustment and maintenance of the machinery.

1.6.3.   Isolation of energy sources

Machinery must be fitted with means to isolate it from all energy sources. Such isolators must be clearly identified. They must be capable of being locked if reconnection could endanger persons. Isolators must also be capable of being locked where an operator is unable, from any of the points to which he has access, to check that the energy is still cut off.

In the case of machinery capable of being plugged into an electricity supply, removal of the plug is sufficient, provided that the operator can check from any of the points to which he has access that the plug remains removed.

After the energy is cut off, it must be possible to dissipate normally any energy remaining or stored in the circuits of the machinery without risk to persons.

As an exception to the requirement laid down in the previous paragraphs, certain circuits may remain connected to their energy sources in order, for example, to hold parts, to protect information, to light interiors, etc. In this case, special steps must be taken to ensure operator safety.

1.6.4.   Operator intervention

Machinery must be so designed, constructed and equipped that the need for operator intervention is limited. If operator intervention cannot be avoided, it must be possible to carry it out easily and safely.

1.6.5.   Cleaning of internal parts

The machinery must be designed and constructed in such a way that it is possible to clean internal parts which have contained dangerous substances or preparations without entering them; any necessary unblocking must also be possible from the outside. If it is impossible to avoid entering the machinery, it must be designed and constructed in such a way as to allow cleaning to take place safely.

1.7.   Information

1.7.1.   Information and warnings on the machinery

Information and warnings on the machinery should preferably be provided in the form of readily understandable symbols or pictograms. Any written or verbal information and warnings must be expressed in an official Community language or languages, which may be determined in accordance with the Treaty by the Member State in which the machinery is placed on the market and/or put into service and may be accompanied, on request, by versions in any other official Community language or languages understood by the operators.

1.7.1.1.   Information and information devices

The information needed to control machinery must be provided in a form that is unambiguous and easily understood. It must not be excessive to the extent of overloading the operator.

Visual display units or any other interactive means of communication between the operator and the machine must be easily understood and easy to use.

1.7.1.2.   Warning devices

Where the health and safety of persons may be endangered by a fault in the operation of unsupervised machinery, the machinery must be equipped in such a way as to give an appropriate acoustic or light signal as a warning.

Where machinery is equipped with warning devices these must be unambiguous and easily perceived. The operator must have facilities to check the operation of such warning devices at all times.

The requirements of the specific Community Directives concerning colours and safety signals must be complied with.

1.7.2.   Warning of residual risks

Where risks remain despite the inherent safe design measures, safeguarding and complementary protective measures adopted, the necessary warnings, including warning devices, must be provided.

1.7.3.   Marking of machinery

All machinery must be marked visibly, legibly and indelibly with the following minimum particulars:

| — | the business name and full address of the manufacturer and, where applicable, his authorised representative, |
| --- | --- |

—

the business name and full address of the manufacturer and, where applicable, his authorised representative,

| — | designation of the machinery, |
| --- | --- |

—

designation of the machinery,

| — | the CE Marking (see Annex III), |
| --- | --- |

—

the CE Marking (see Annex III),

| — | designation of series or type, |
| --- | --- |

—

designation of series or type,

| — | serial number, if any, |
| --- | --- |

—

serial number, if any,

| — | the year of construction, that is the year in which the manufacturing process is completed. |
| --- | --- |

—

the year of construction, that is the year in which the manufacturing process is completed.

It is prohibited to pre-date or post-date the machinery when affixing the CE marking.

Furthermore, machinery designed and constructed for use in a potentially explosive atmosphere must be marked accordingly.

Machinery must also bear full information relevant to its type and essential for safe use. Such information is subject to the requirements set out in section 1.7.1.

Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.

1.7.4.   Instructions

All machinery must be accompanied by instructions in the official Community language or languages of the Member State in which it is placed on the market and/or put into service.

The instructions accompanying the machinery must be either ‘Original instructions’ or a ‘Translation of the original instructions’, in which case the translation must be accompanied by the original instructions.

By way of exception, the maintenance instructions intended for use by specialised personnel mandated by the manufacturer or his authorised representative may be supplied in only one Community language which the specialised personnel understand.

The instructions must be drafted in accordance with the principles set out below.

1.7.4.1.   General principles for the drafting of instructions

| (a) | The instructions must be drafted in one or more official Community languages. The words ‘Original instructions’ must appear on the language version(s) verified by the manufacturer or his authorised representative. |
| --- | --- |

(a)

The instructions must be drafted in one or more official Community languages. The words ‘Original instructions’ must appear on the language version(s) verified by the manufacturer or his authorised representative.

| (b) | Where no ‘Original instructions’ exist in the official language(s) of the country where the machinery is to be used, a translation into that/those language(s) must be provided by the manufacturer or his authorised representative or by the person bringing the machinery into the language area in question. The translations must bear the words ‘Translation of the original instructions’. |
| --- | --- |

(b)

Where no ‘Original instructions’ exist in the official language(s) of the country where the machinery is to be used, a translation into that/those language(s) must be provided by the manufacturer or his authorised representative or by the person bringing the machinery into the language area in question. The translations must bear the words ‘Translation of the original instructions’.

| (c) | The contents of the instructions must cover not only the intended use of the machinery but also take into account any reasonably foreseeable misuse thereof. |
| --- | --- |

(c)

The contents of the instructions must cover not only the intended use of the machinery but also take into account any reasonably foreseeable misuse thereof.

| (d) | In the case of machinery intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators. |
| --- | --- |

(d)

In the case of machinery intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators.

1.7.4.2.   Contents of the instructions

Each instruction manual must contain, where applicable, at least the following information:

| (a) | the business name and full address of the manufacturer and of his authorised representative; |
| --- | --- |

(a)

the business name and full address of the manufacturer and of his authorised representative;

| (b) | the designation of the machinery as marked on the machinery itself, except for the serial number (see section 1.7.3); |
| --- | --- |

(b)

the designation of the machinery as marked on the machinery itself, except for the serial number (see section 1.7.3);

| (c) | the EC declaration of conformity, or a document setting out the contents of the EC declaration of conformity, showing the particulars of the machinery, not necessarily including the serial number and the signature; |
| --- | --- |

(c)

the EC declaration of conformity, or a document setting out the contents of the EC declaration of conformity, showing the particulars of the machinery, not necessarily including the serial number and the signature;

| (d) | a general description of the machinery; |
| --- | --- |

(d)

a general description of the machinery;

| (e) | the drawings, diagrams, descriptions and explanations necessary for the use, maintenance and repair of the machinery and for checking its correct functioning; |
| --- | --- |

(e)

the drawings, diagrams, descriptions and explanations necessary for the use, maintenance and repair of the machinery and for checking its correct functioning;

| (f) | a description of the workstation(s) likely to be occupied by operators; |
| --- | --- |

(f)

a description of the workstation(s) likely to be occupied by operators;

| (g) | a description of the intended use of the machinery; |
| --- | --- |

(g)

a description of the intended use of the machinery;

| (h) | warnings concerning ways in which the machinery must not be used that experience has shown might occur; |
| --- | --- |

(h)

warnings concerning ways in which the machinery must not be used that experience has shown might occur;

| (i) | assembly, installation and connection instructions, including drawings, diagrams and the means of attachment and the designation of the chassis or installation on which the machinery is to be mounted; |
| --- | --- |

(i)

assembly, installation and connection instructions, including drawings, diagrams and the means of attachment and the designation of the chassis or installation on which the machinery is to be mounted;

| (j) | instructions relating to installation and assembly for reducing noise or vibration; |
| --- | --- |

(j)

instructions relating to installation and assembly for reducing noise or vibration;

| (k) | instructions for the putting into service and use of the machinery and, if necessary, instructions for the training of operators; |
| --- | --- |

(k)

instructions for the putting into service and use of the machinery and, if necessary, instructions for the training of operators;

| (l) | information about the residual risks that remain despite the inherent safe design measures, safeguarding and complementary protective measures adopted; |
| --- | --- |

(l)

information about the residual risks that remain despite the inherent safe design measures, safeguarding and complementary protective measures adopted;

| (m) | instructions on the protective measures to be taken by the user, including, where appropriate, the personal protective equipment to be provided; |
| --- | --- |

(m)

instructions on the protective measures to be taken by the user, including, where appropriate, the personal protective equipment to be provided;

| (n) | the essential characteristics of tools which may be fitted to the machinery; |
| --- | --- |

(n)

the essential characteristics of tools which may be fitted to the machinery;

| (o) | the conditions in which the machinery meets the requirement of stability during use, transportation, assembly, dismantling when out of service, testing or foreseeable breakdowns; |
| --- | --- |

(o)

the conditions in which the machinery meets the requirement of stability during use, transportation, assembly, dismantling when out of service, testing or foreseeable breakdowns;

| (p) | instructions with a view to ensuring that transport, handling and storage operations can be made safely, giving the mass of the machinery and of its various parts where these are regularly to be transported separately; |
| --- | --- |

(p)

instructions with a view to ensuring that transport, handling and storage operations can be made safely, giving the mass of the machinery and of its various parts where these are regularly to be transported separately;

| (q) | the operating method to be followed in the event of accident or breakdown; if a blockage is likely to occur, the operating method to be followed so as to enable the equipment to be safely unblocked; |
| --- | --- |

(q)

the operating method to be followed in the event of accident or breakdown; if a blockage is likely to occur, the operating method to be followed so as to enable the equipment to be safely unblocked;

| (r) | the description of the adjustment and maintenance operations that should be carried out by the user and the preventive maintenance measures that should be observed; |
| --- | --- |

(r)

the description of the adjustment and maintenance operations that should be carried out by the user and the preventive maintenance measures that should be observed;

| (s) | instructions designed to enable adjustment and maintenance to be carried out safely, including the protective measures that should be taken during these operations; |
| --- | --- |

(s)

instructions designed to enable adjustment and maintenance to be carried out safely, including the protective measures that should be taken during these operations;

| (t) | the specifications of the spare parts to be used, when these affect the health and safety of operators; |
| --- | --- |

(t)

the specifications of the spare parts to be used, when these affect the health and safety of operators;

| (u) | the following information on airborne noise emissions:






  — | the A-weighted emission sound pressure level at workstations, where this exceeds 70 dB(A); where this level does not exceed 70 dB(A), this fact must be indicated, |
| --- | --- | --- |

(u)

the following information on airborne noise emissions:

—

the A-weighted emission sound pressure level at workstations, where this exceeds 70 dB(A); where this level does not exceed 70 dB(A), this fact must be indicated,

| — | the peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa), |
| --- | --- |

—

the peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa),

| — | the A-weighted sound power level emitted by the machinery, where the A-weighted emission sound pressure level at workstations exceeds 80 dB(A). |
| --- | --- |

—

the A-weighted sound power level emitted by the machinery, where the A-weighted emission sound pressure level at workstations exceeds 80 dB(A).

These values must be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

In the case of very large machinery, instead of the A-weighted sound power level, the A-weighted emission sound pressure levels at specified positions around the machinery may be indicated.

Where the harmonised standards are not applied, sound levels must be measured using the most appropriate method for the machinery. Whenever sound emission values are indicated the uncertainties surrounding these values must be specified.The operating conditions of the machinery during measurement and the measuring methods used must be described.

Where the workstation(s) are undefined or cannot be defined, A-weighted sound pressure levels must be measured at a distance of 1 metre from the surface of the machinery and at a height of 1,6 metres from the floor or access platform. The position and value of the maximum sound pressure must be indicated.

Where specific Community Directives lay down other requirements for the measurement of sound pressure levels or sound power levels, those Directives must be applied and the corresponding provisions of this section shall not apply;

| (v) | where machinery is likely to emit non-ionising radiation which may cause harm to persons, in particular persons with active or non-active implantable medical devices, information concerning the radiation emitted for the operator and exposed persons. |
| --- | --- |

(v)

where machinery is likely to emit non-ionising radiation which may cause harm to persons, in particular persons with active or non-active implantable medical devices, information concerning the radiation emitted for the operator and exposed persons.

1.7.4.3.   Sales literature

Sales literature describing the machinery must not contradict the instructions as regards health and safety aspects. Sales literature describing the performance characteristics of machinery must contain the same information on emissions as is contained in the instructions.

2.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY

Foodstuffs machinery, machinery for cosmetics or pharmaceutical products, hand-held and/or handguided machinery, portable fixing and other impact machinery, machinery for working wood and material with similar physical characteristics must meet all the essential health and safety requirements described in this chapter (see General Principles, point 4).

2.1.   Foodstuffs machinery and machinery for cosmetics or pharmaceutical products

2.1.1.   General

Machinery intended for use with foodstuffs or with cosmetics or pharmaceutical products must be designed and constructed in such a way as to avoid any risk of infection, sickness or contagion.

The following requirements must be observed:

| (a) | materials in contact with, or intended to come into contact with, foodstuffs or cosmetics or pharmaceutical products must satisfy the conditions set down in the relevant Directives. The machinery must be designed and constructed in such a way that these materials can be cleaned before each use. Where this is not possible disposable parts must be used; |
| --- | --- |

(a)

materials in contact with, or intended to come into contact with, foodstuffs or cosmetics or pharmaceutical products must satisfy the conditions set down in the relevant Directives. The machinery must be designed and constructed in such a way that these materials can be cleaned before each use. Where this is not possible disposable parts must be used;

| (b) | all surfaces in contact with foodstuffs or cosmetics or pharmaceutical products, other than surfaces of disposable parts, must:






  — | be smooth and have neither ridges nor crevices which could harbour organic materials. The same applies to their joinings, |
| --- | --- | --- |

(b)

all surfaces in contact with foodstuffs or cosmetics or pharmaceutical products, other than surfaces of disposable parts, must:

—

be smooth and have neither ridges nor crevices which could harbour organic materials. The same applies to their joinings,

| — | be designed and constructed in such a way as to reduce the projections, edges and recesses of assemblies to a minimum, |
| --- | --- |

—

be designed and constructed in such a way as to reduce the projections, edges and recesses of assemblies to a minimum,

| — | be easily cleaned and disinfected, where necessary after removing easily dismantled parts; the inside surfaces must have curves with a radius sufficient to allow thorough cleaning; |
| --- | --- |

—

be easily cleaned and disinfected, where necessary after removing easily dismantled parts; the inside surfaces must have curves with a radius sufficient to allow thorough cleaning;

| (c) | it must be possible for liquids, gases and aerosols deriving from foodstuffs, cosmetics or pharmaceutical products as well as from cleaning, disinfecting and rinsing fluids to be completely discharged from the machinery (if possible, in a ‘cleaning’ position); |
| --- | --- |

(c)

it must be possible for liquids, gases and aerosols deriving from foodstuffs, cosmetics or pharmaceutical products as well as from cleaning, disinfecting and rinsing fluids to be completely discharged from the machinery (if possible, in a ‘cleaning’ position);

| (d) | machinery must be designed and constructed in such a way as to prevent any substances or living creatures, in particular insects, from entering, or any organic matter from accumulating in, areas that cannot be cleaned; |
| --- | --- |

(d)

machinery must be designed and constructed in such a way as to prevent any substances or living creatures, in particular insects, from entering, or any organic matter from accumulating in, areas that cannot be cleaned;

| (e) | machinery must be designed and constructed in such a way that no ancillary substances hazardous to health, including the lubricants used, can come into contact with foodstuffs, cosmetics or pharmaceutical products. Where necessary, machinery must be designed and constructed in such a way that continuing compliance with this requirement can be checked. |
| --- | --- |

(e)

machinery must be designed and constructed in such a way that no ancillary substances hazardous to health, including the lubricants used, can come into contact with foodstuffs, cosmetics or pharmaceutical products. Where necessary, machinery must be designed and constructed in such a way that continuing compliance with this requirement can be checked.

2.1.2.   Instructions

The instructions for foodstuffs machinery and machinery for use with cosmetics or pharmaceutical products must indicate recommended products and methods for cleaning, disinfecting and rinsing, not only for easily accessible areas but also for areas to which access is impossible or inadvisable.

2.2.   Portable hand-held and/or hand-guided machinery

2.2.1.   General

Portable hand-held and/or hand-guided machinery must:

| — | depending on the type of machinery, have a supporting surface of sufficient size and have a sufficient number of handles and supports of an appropriate size, arranged in such a way as to ensure the stability of the machinery under the intended operating conditions, |
| --- | --- |

—

depending on the type of machinery, have a supporting surface of sufficient size and have a sufficient number of handles and supports of an appropriate size, arranged in such a way as to ensure the stability of the machinery under the intended operating conditions,

| — | except where technically impossible, or where there is an independent control device, in the case of handles which cannot be released in complete safety, be fitted with manual start and stop control devices arranged in such a way that the operator can operate them without releasing the handles, |
| --- | --- |

—

except where technically impossible, or where there is an independent control device, in the case of handles which cannot be released in complete safety, be fitted with manual start and stop control devices arranged in such a way that the operator can operate them without releasing the handles,

| — | present no risks of accidental starting and/or continued operation after the operator has released the handles. Equivalent steps must be taken if this requirement is not technically feasible, |
| --- | --- |

—

present no risks of accidental starting and/or continued operation after the operator has released the handles. Equivalent steps must be taken if this requirement is not technically feasible,

| — | permit, where necessary, visual observation of the danger zone and of the action of the tool with the material being processed. |
| --- | --- |

—

permit, where necessary, visual observation of the danger zone and of the action of the tool with the material being processed.

The handles of portable machinery must be designed and constructed in such a way as to make starting and stopping straightforward.

2.2.1.1.   Instructions

The instructions must give the following information concerning vibrations transmitted by portable hand-held and hand-guided machinery:

| — | the vibration total value to which the hand-arm system is subjected, if it exceeds 2,5 m/s2. Where this value does not exceed 2,5 m/s2, this must be mentioned, |
| --- | --- |

—

the vibration total value to which the hand-arm system is subjected, if it exceeds 2,5 m/s2. Where this value does not exceed 2,5 m/s2, this must be mentioned,

| — | the uncertainty of measurement. |
| --- | --- |

—

the uncertainty of measurement.

These values must be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

If harmonised standards are not applied, the vibration data must be measured using the most appropriate measurement code for the machinery.

The operating conditions during measurement and the methods used for measurement, or the reference of the harmonised standard applied, must be specified.

2.2.2.   Portable fixing and other impact machinery

2.2.2.1.   General

Portable fixing and other impact machinery must be designed and constructed in such a way that:

| — | energy is transmitted to the impacted element by the intermediary component that does not leave the device, |
| --- | --- |

—

energy is transmitted to the impacted element by the intermediary component that does not leave the device,

| — | an enabling device prevents impact unless the machinery is positioned correctly with adequate pressure on the base material, |
| --- | --- |

—

an enabling device prevents impact unless the machinery is positioned correctly with adequate pressure on the base material,

| — | involuntary triggering is prevented; where necessary, an appropriate sequence of actions on the enabling device and the control device must be required to trigger an impact, |
| --- | --- |

—

involuntary triggering is prevented; where necessary, an appropriate sequence of actions on the enabling device and the control device must be required to trigger an impact,

| — | accidental triggering is prevented during handling or in case of shock, |
| --- | --- |

—

accidental triggering is prevented during handling or in case of shock,

| — | loading and unloading operations can be carried out easily and safely. |
| --- | --- |

—

loading and unloading operations can be carried out easily and safely.

Where necessary, it must be possible to fit the device with splinter guard(s) and the appropriate guard(s) must be provided by the manufacturer of the machinery.

2.2.2.2.   Instructions

The instructions must give the necessary information regarding:

| — | the accessories and interchangeable equipment that can be used with the machinery, |
| --- | --- |

—

the accessories and interchangeable equipment that can be used with the machinery,

| — | the suitable fixing or other impacted elements to be used with the machinery, |
| --- | --- |

—

the suitable fixing or other impacted elements to be used with the machinery,

| — | where appropriate, the suitable cartridges to be used. |
| --- | --- |

—

where appropriate, the suitable cartridges to be used.

2.3.   Machinery for working wood and material with similar physical characteristics

Machinery for working wood and materials with similar physical characteristics must comply with the following requirements:

| (a) | the machinery must be designed, constructed or equipped in such a way that the piece being machined can be placed and guided in safety; where the piece is hand-held on a work-bench, the latter must be sufficiently stable during the work and must not impede the movement of the piece; |
| --- | --- |

(a)

the machinery must be designed, constructed or equipped in such a way that the piece being machined can be placed and guided in safety; where the piece is hand-held on a work-bench, the latter must be sufficiently stable during the work and must not impede the movement of the piece;

| (b) | where the machinery is likely to be used in conditions involving the risk of ejection of workpieces or parts of them, it must be designed, constructed, or equipped in such a way as to prevent such ejection, or, if this is not possible, so that the ejection does not engender risks for the operator and/or exposed persons; |
| --- | --- |

(b)

where the machinery is likely to be used in conditions involving the risk of ejection of workpieces or parts of them, it must be designed, constructed, or equipped in such a way as to prevent such ejection, or, if this is not possible, so that the ejection does not engender risks for the operator and/or exposed persons;

| (c) | the machinery must be equipped with an automatic brake that stops the tool in a sufficiently short time if there is a risk of contact with the tool whilst it runs down; |
| --- | --- |

(c)

the machinery must be equipped with an automatic brake that stops the tool in a sufficiently short time if there is a risk of contact with the tool whilst it runs down;

| (d) | where the tool is incorporated into a non-fully automated machine, the latter must be designed and constructed in such a way as to eliminate or reduce the risk of accidental injury. |
| --- | --- |

(d)

where the tool is incorporated into a non-fully automated machine, the latter must be designed and constructed in such a way as to eliminate or reduce the risk of accidental injury.

3.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE TO THE MOBILITY OF MACHINERY

Machinery presenting hazards due to its mobility must meet all the essential health and safety requirements described in this chapter (see General Principles, point 4).

3.1.   General

3.1.1.   Definitions

| (a) | ‘Machinery presenting hazards due to its mobility’means







  — | machinery the operation of which requires either mobility while working, or continuous or semi-continuous movement between a succession of fixed working locations,
  or |
| --- | --- | --- |

(a)

‘Machinery presenting hazards due to its mobility’means

—

machinery the operation of which requires either mobility while working, or continuous or semi-continuous movement between a succession of fixed working locations,
  or

| — | machinery which is operated without being moved, but which may be equipped in such a way as to enable it to be moved more easily from one place to another. |
| --- | --- |

—

machinery which is operated without being moved, but which may be equipped in such a way as to enable it to be moved more easily from one place to another.

| (b) | ‘Driver’means an operator responsible for the movement of a machine. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may guide the machinery by remote control. |
| --- | --- |

(b)

‘Driver’means an operator responsible for the movement of a machine. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may guide the machinery by remote control.

3.2.   Work positions

3.2.1.   Driving position

Visibility from the driving position must be such that the driver can, in complete safety for himself and the exposed persons, operate the machinery and its tools in their foreseeable conditions of use. Where necessary, appropriate devices must be provided to remedy hazards due to inadequate direct vision.

Machinery on which the driver is transported must be designed and constructed in such a way that, from the driving positions, there is no risk to the driver from inadvertent contact with the wheels and tracks.

The driving position of ride-on drivers must be designed and constructed in such a way that a driver's cab may be fitted, provided this does not increase the risk and there is room for it. The cab must incorporate a place for the instructions needed for the driver.

3.2.2.   Seating

Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the ground should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, their seats must be designed or equipped with a restraint system so as to keep the persons in their seats, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems should not be fitted if they increase the risk.

3.2.3.   Positions for other persons

If the conditions of use provide that persons other than the driver may occasionally or regularly be transported by the machinery or work on it, appropriate positions must be provided which enable them to be transported or to work on it without risk.

The second and third paragraphs of section 3.2.1. also apply to the places provided for persons other than the driver.

3.3.   Control systems

If necessary, steps must be taken to prevent unauthorised use of controls.

In the case of remote controls, each control unit must clearly identify the machinery to be controlled from that unit.

The remote control system must be designed and constructed in such a way as to affect only:

| — | the machinery in question, |
| --- | --- |

—

the machinery in question,

| — | the functions in question. |
| --- | --- |

—

the functions in question.

Remote controlled machinery must be designed and constructed in such a way that it will respond only to signals from the intended control units.

3.3.1.   Control devices

The driver must be able to actuate all control devices required to operate the machinery from the driving position, except for functions which can be safely actuated only by using control devices located elsewhere. These functions include, in particular, those for which operators other than the driver are responsible or for which the driver has to leave the driving position in order to control them safely.

Where there are pedals, they must be so designed, constructed and fitted as to allow safe operation by the driver with the minimum risk of incorrect operation. They must have a slip-resistant surface and be easy to clean.

Where their operation can lead to hazards, notably dangerous movements, the control devices, except for those with preset positions, must return to the neutral position as soon as they are released by the operator.

In the case of wheeled machinery, the steering system must be designed and constructed in such a way as to reduce the force of sudden movements of the steering wheel or the steering lever caused by shocks to the guide wheels.

Any control that locks the differential must be so designed and arranged that it allows the differential to be unlocked when the machinery is moving.

The sixth paragraph of section 1.2.2, concerning acoustic and/or visual warning signals, applies only in the case of reversing.

3.3.2.   Starting/moving

All travel movements of self-propelled machinery with a ride-on driver must be possible only if the driver is at the controls.

Where, for operating purposes, machinery is fitted with devices which exceed its normal clearance zone (e.g. stabilisers, jib, etc.), the driver must be provided with the means of checking easily, before moving the machinery, that such devices are in a particular position which allows safe movement.

This also applies to all other parts which, to allow safe movement, have to be in particular positions, locked if necessary.

Where it does not give rise to other risks, movement of the machinery must depend on safe positioning of the aforementioned parts.

It must not be possible for unintentional movement of the machinery to occur while the engine is being started.

3.3.3.   Travelling function

Without prejudice to road traffic regulations, self-propelled machinery and its trailers must meet the requirements for slowing down, stopping, braking and immobilisation so as to ensure safety under all the operating, load, speed, ground and gradient conditions allowed for.

The driver must be able to slow down and stop self-propelled machinery by means of a main device. Where safety so requires, in the event of a failure of the main device, or in the absence of the energy supply needed to actuate the main device, an emergency device with a fully independent and easily accessible control device must be provided for slowing down and stopping.

Where safety so requires, a parking device must be provided to render stationary machinery immobile. This device may be combined with one of the devices referred to in the second paragraph, provided that it is purely mechanical.

Remote-controlled machinery must be equipped with devices for stopping operation automatically and immediately and for preventing potentially dangerous operation in the following situations:

| — | if the driver loses control, |
| --- | --- |

—

if the driver loses control,

| — | if it receives a stop signal, |
| --- | --- |

—

if it receives a stop signal,

| — | if a fault is detected in a safety- related part of the system, |
| --- | --- |

—

if a fault is detected in a safety- related part of the system,

| — | if no validation signal is detected within a specified time. |
| --- | --- |

—

if no validation signal is detected within a specified time.

Section 1.2.4 does not apply to the travelling function.

3.3.4.   Movement of pedestrian-controlled machinery

Movement of pedestrian-controlled self-propelled machinery must be possible only through sustained action on the relevant control device by the driver. In particular, it must not be possible for movement to occur while the engine is being started.

The control systems for pedestrian-controlled machinery must be designed in such a way as to minimise the risks arising from inadvertent movement of the machine towards the driver, in particular:

| — | crushing, |
| --- | --- |

—

crushing,

| — | injury from rotating tools. |
| --- | --- |

—

injury from rotating tools.

The speed of travel of the machinery must be compatible with the pace of a driver on foot.

In the case of machinery on which a rotary tool may be fitted, it must not be possible to actuate the tool when the reverse control is engaged, except where the movement of the machinery results from movement of the tool. In the latter case, the reversing speed must be such that it does not endanger the driver.

3.3.5.   Control circuit failure

A failure in the power supply to the power-assisted steering, where fitted, must not prevent machinery from being steered during the time required to stop it.

3.4.   Protection against mechanical hazards

3.4.1.   Uncontrolled movements

Machinery must be designed, constructed and where appropriate placed on its mobile support in such a way as to ensure that, when moved, uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.

3.4.2.   Moving transmission parts

By way of exception to section 1.3.8.1, in the case of engines, moveable guards preventing access to the moving parts in the engine compartment need not have interlocking devices if they have to be opened either by the use of a tool or key or by a control located in the driving position, providing the latter is in a fully enclosed cab with a lock to prevent unauthorised access.

3.4.3.   Roll-over and tip-over

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk of rolling or tipping over, the machinery must be fitted with an appropriate protective structure, unless this increases the risk.

This structure must be such that in the event of rolling or tipping over it affords the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorised representative must, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.4.   Falling objects

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk due to falling objects or material, the machinery must be designed and constructed in such a way as to take account of this risk and fitted, if its size allows, with an appropriate protective structure.

This structure must be such that, in the event of falling objects or material, it guarantees the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorised representative must, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.5.   Means of access

Handholds and steps must be designed, constructed and arranged in such a way that the operators use them instinctively and do not use the control devices to assist access.

3.4.6.   Towing devices

All machinery used to tow or to be towed must be fitted with towing or coupling devices designed, constructed and arranged in such a way as to ensure easy and secure connection and disconnection and to prevent accidental disconnection during use.

In so far as the tow bar load so requires, such machinery must be equipped with a support with a bearing surface suited to the load and the ground.

3.4.7.   Transmission of power between self-propelled machinery (or tractor) and recipient machinery

Removable mechanical transmission devices linking self-propelled machinery (or a tractor) to the first fixed bearing of recipient machinery must be designed and constructed in such a way that any part that moves during operation is protected over its whole length.

On the side of the self-propelled machinery (or tractor), the power take-off to which the removable mechanical transmission device is attached must be protected either by a guard fixed and linked to the self-propelled machinery (or tractor) or by any other device offering equivalent protection.

It must be possible to open this guard for access to the removable transmission device. Once it is in place, there must be enough room to prevent the drive shaft damaging the guard when the machinery (or the tractor) is moving.

On the recipient machinery side, the input shaft must be enclosed in a protective casing fixed to the machinery.

Torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machinery. The removable mechanical transmission device must be marked accordingly.

All recipient machinery, the operation of which requires a removable mechanical transmission device to connect it to self-propelled machinery (or a tractor), must have a system for attaching the removable mechanical transmission device so that, when the machinery is uncoupled, the removable mechanical transmission device and its guard are not damaged by contact with the ground or part of the machinery.

The outside parts of the guard must be so designed, constructed and arranged that they cannot turn with the removable mechanical transmission device. The guard must cover the transmission to the ends of the inner jaws in the case of simple universal joints and at least to the centre of the outer joint or joints in the case of wide-angle universal joints.

If means of access to working positions are provided near to the removable mechanical transmission device, they must be designed and constructed in such a way that the shaft guards cannot be used as steps, unless designed and constructed for that purpose.

3.5.   Protection against other hazards

3.5.1.   Batteries

The battery housing must be designed and constructed in such a way as to prevent the electrolyte being ejected on to the operator in the event of rollover or tipover and to avoid the accumulation of vapours in places occupied by operators.

Machinery must be designed and constructed in such a way that the battery can be disconnected with the aid of an easily accessible device provided for that purpose.

3.5.2.   Fire

Depending on the hazards anticipated by the manufacturer, machinery must, where its size permits:

| — | either allow easily accessible fire extinguishers to be fitted, or |
| --- | --- |

—

either allow easily accessible fire extinguishers to be fitted, or

| — | be provided with built-in extinguisher systems. |
| --- | --- |

—

be provided with built-in extinguisher systems.

3.5.3.   Emissions of hazardous substances

The second and third paragraphs of section 1.5.13 do not apply where the main function of the machinery is the spraying of products. However, the operator must be protected against the risk of exposure to such hazardous emissions.

3.6.   Information and indications

3.6.1.   Signs, signals and warnings

All machinery must have signs and/or instruction plates concerning use, adjustment and maintenance, wherever necessary, so as to ensure the health and safety of persons. They must be chosen, designed and constructed in such a way as to be clearly visible and indelible.

Without prejudice to the provisions of road traffic regulations, machinery with a ride-on driver must have the following equipment:

| — | an acoustic warning device to alert persons, |
| --- | --- |

—

an acoustic warning device to alert persons,

| — | a system of light signals relevant to the intended conditions of use; the latter requirement does not apply to machinery intended solely for underground working and having no electrical power, |
| --- | --- |

—

a system of light signals relevant to the intended conditions of use; the latter requirement does not apply to machinery intended solely for underground working and having no electrical power,

| — | where necessary, there must be an appropriate connection between a trailer and the machinery for the operation of signals. |
| --- | --- |

—

where necessary, there must be an appropriate connection between a trailer and the machinery for the operation of signals.

Remote-controlled machinery which, under normal conditions of use, exposes persons to the risk of impact or crushing must be fitted with appropriate means to signal its movements or with means to protect persons against such risks. The same applies to machinery which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the area to the rear of the machine is not directly visible to the driver.

Machinery must be constructed in such a way that the warning and signalling devices cannot be disabled unintentionally. Where it is essential for safety, such devices must be provided with the means to check that they are in good working order and their failure must be made apparent to the operator.

Where the movement of machinery or its tools is particularly hazardous, signs on the machinery must be provided to warn against approaching the machinery while it is working; the signs must be legible at a sufficient distance to ensure the safety of persons who have to be in the vicinity.

3.6.2.   Marking

The following must be shown legibly and indelibly on all machinery:

| — | nominal power expressed in kilowatts (kW), |
| --- | --- |

—

nominal power expressed in kilowatts (kW),

| — | mass of the most usual configuration, in kilogrammes (kg); |
| --- | --- |

—

mass of the most usual configuration, in kilogrammes (kg);

and, where appropriate:

| — | maximum drawbar pull provided for at the coupling hook, in Newtons (N), |
| --- | --- |

—

maximum drawbar pull provided for at the coupling hook, in Newtons (N),

| — | maximum vertical load provided for on the coupling hook, in Newtons (N). |
| --- | --- |

—

maximum vertical load provided for on the coupling hook, in Newtons (N).

3.6.3.   Instructions

3.6.3.1.   Vibrations

The instructions must give the following information concerning vibrations transmitted by the machinery to the hand-arm system or to the whole body:

| — | the vibration total value to which the hand-arm system is subjected, if it exceeds 2,5 m/s2. Where this value does not exceed 2,5 m/s2, this must be mentioned, |
| --- | --- |

—

the vibration total value to which the hand-arm system is subjected, if it exceeds 2,5 m/s2. Where this value does not exceed 2,5 m/s2, this must be mentioned,

| — | the highest root mean square value of weighted acceleration to which the whole body is subjected, if it exceeds 0,5 m/s2. Where this value does not exceed 0.5 m/s2, this must be mentioned, |
| --- | --- |

—

the highest root mean square value of weighted acceleration to which the whole body is subjected, if it exceeds 0,5 m/s2. Where this value does not exceed 0.5 m/s2, this must be mentioned,

| — | the uncertainty of measurement. |
| --- | --- |

—

the uncertainty of measurement.

These values must be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

Where harmonised standards are not applied, the vibration must be measured using the most appropriate measurement code for the machinery concerned.

The operating conditions during measurement and the measurement codes used must be described.

3.6.3.2.   Multiple uses

The instructions for machinery allowing several uses depending on the equipment used and the instructions for the interchangeable equipment must contain the information necessary for safe assembly and use of the basic machinery and the interchangeable equipment that can be fitted.

4.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE TO LIFTING OPERATIONS

Machinery presenting hazards due to lifting operations must meet all the relevant essential health and safety requirements described in this chapter (see General Principles, point 4).

4.1.   General

4.1.1.   Definitions

| (a) | ‘Lifting operation’means a movement of unit loads consisting of goods and/or persons necessitating, at a given moment, a change of level. |
| --- | --- |

(a)

‘Lifting operation’means a movement of unit loads consisting of goods and/or persons necessitating, at a given moment, a change of level.

| (b) | ‘Guided load’means a load where the total movement is made along rigid or flexible guides whose position is determined by fixed points. |
| --- | --- |

(b)

‘Guided load’means a load where the total movement is made along rigid or flexible guides whose position is determined by fixed points.

| (c) | ‘Working coefficient’means the arithmetic ratio between the load guaranteed by the manufacturer or his authorised representative up to which a component is able to hold it and the maximum working load marked on the component. |
| --- | --- |

(c)

‘Working coefficient’means the arithmetic ratio between the load guaranteed by the manufacturer or his authorised representative up to which a component is able to hold it and the maximum working load marked on the component.

| (d) | ‘Test coefficient’means the arithmetic ratio between the load used to carry out the static or dynamic tests on lifting machinery or a lifting accessory and the maximum working load marked on the lifting machinery or lifting accessory. |
| --- | --- |

(d)

‘Test coefficient’means the arithmetic ratio between the load used to carry out the static or dynamic tests on lifting machinery or a lifting accessory and the maximum working load marked on the lifting machinery or lifting accessory.

| (e) | ‘Static test’means the test during which lifting machinery or a lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure that no damage has occurred. |
| --- | --- |

(e)

‘Static test’means the test during which lifting machinery or a lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure that no damage has occurred.

| (f) | ‘Dynamic test’means the test during which lifting machinery is operated in all its possible configurations at the maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the lifting machinery in order to check that it functions properly. |
| --- | --- |

(f)

‘Dynamic test’means the test during which lifting machinery is operated in all its possible configurations at the maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the lifting machinery in order to check that it functions properly.

| (g) | ‘Carrier’means a part of the machinery on or in which persons and/or goods are supported in order to be lifted. |
| --- | --- |

(g)

‘Carrier’means a part of the machinery on or in which persons and/or goods are supported in order to be lifted.

4.1.2.   Protection against mechanical hazards

4.1.2.1.   Risks due to lack of stability

Machinery must be designed and constructed in such a way that the stability required by section 1.3.1 is maintained both in service and out of service, including all stages of transportation, assembly and dismantling, during foreseeable component failures and also during the tests carried out in accordance with the instruction handbook.To that end, the manufacturer or his authorised representative must use the appropriate verification methods.

4.1.2.2.   Machinery running on guide rails and rail tracks

Machinery must be provided with devices which act on the guide rails or tracks to prevent derailment.

If, despite such devices, there remains a risk of derailment or of failure of a rail or of a running component, devices must be provided which prevent the equipment, component or load from falling or the machinery from overturning.

4.1.2.3.   Mechanical strength

Machinery, lifting accessories and their components must be capable of withstanding the stresses to which they are subjected, both in and, where applicable, out of use, under the installation and operating conditions provided for and in all relevant configurations, with due regard, where appropriate, to the effects of atmospheric factors and forces exerted by persons. This requirement must also be satisfied during transport, assembly and dismantling.

Machinery and lifting accessories must be designed and constructed in such a way as to prevent failure from fatigue and wear, taking due account of their intended use.

The materials used must be chosen on the basis of the intended working environments, with particular regard to corrosion, abrasion, impacts, extreme temperatures, fatigue, brittleness and ageing.

Machinery and lifting accessories must be designed and constructed in such a way as to withstand the overload in the static tests without permanent deformation or patent defect. Strength calculations must take account of the value of the static test coefficient chosen to guarantee an adequate level of safety. That coefficient has, as a general rule, the following values:

| (a) | manually-operated machinery and lifting accessories: 1.5; |
| --- | --- |

(a)

manually-operated machinery and lifting accessories: 1.5;

| (b) | other machinery: 1.25. |
| --- | --- |

(b)

other machinery: 1.25.

Machinery must be designed and constructed in such a way as to undergo, without failure, the dynamic tests carried out using the maximum working load multiplied by the dynamic test coefficient. This dynamic test coefficient is chosen so as to guarantee an adequate level of safety: the coefficient is, as a general rule, equal to 1.1. As a general rule, the tests will be performed at the nominal speeds provided for. Should the control circuit of the machinery allow for a number of simultaneous movements, the tests must be carried out under the least favourable conditions, as a general rule by combining the movements concerned.

4.1.2.4.   Pulleys, drums, wheels, ropes and chains

Pulleys, drums and wheels must have a diameter commensurate with the size of the ropes or chains with which they can be fitted.

Drums and wheels must be designed, constructed and installed in such a way that the ropes or chains with which they are equipped can be wound without coming off.

Ropes used directly for lifting or supporting the load must not include any splicing other than at their ends. Splicings are, however, tolerated in installations which are intended by design to be modified regularly according to needs of use.

Complete ropes and their endings must have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 5.

Lifting chains must have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 4.

In order to verify that an adequate working coefficient has been attained, the manufacturer or his authorised representative must, for each type of chain and rope used directly for lifting the load and for the rope ends, perform the appropriate tests or have such tests performed.

4.1.2.5.   Lifting accessories and their components

Lifting accessories and their components must be sized with due regard to fatigue and ageing processes for a number of operating cycles consistent with their expected life-span as specified in the operating conditions for a given application.

Moreover:

| (a) | the working coefficient of wire-rope/rope-end combinations must be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 5. Ropes must not comprise any splices or loops other than at their ends; |
| --- | --- |

(a)

the working coefficient of wire-rope/rope-end combinations must be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 5. Ropes must not comprise any splices or loops other than at their ends;

| (b) | where chains with welded links are used, they must be of the short-link type.The working coefficient of chains must be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4; |
| --- | --- |

(b)

where chains with welded links are used, they must be of the short-link type.The working coefficient of chains must be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4;

| (c) | the working coefficient for textile ropes or slings is dependent on the material, method of manufacture, dimensions and use. This coefficient must be chosen in such a way as to guarantee an adequate level of safety; it is, as a general rule, equal to 7, provided the materials used are shown to be of very good quality and the method of manufacture is appropriate to the intended use. Should this not be the case, the coefficient is, as a general rule, set at a higher level in order to secure an equivalent level of safety. Textile ropes and slings must not include any knots, connections or splicing other than at the ends of the sling, except in the case of an endless sling; |
| --- | --- |

(c)

the working coefficient for textile ropes or slings is dependent on the material, method of manufacture, dimensions and use. This coefficient must be chosen in such a way as to guarantee an adequate level of safety; it is, as a general rule, equal to 7, provided the materials used are shown to be of very good quality and the method of manufacture is appropriate to the intended use. Should this not be the case, the coefficient is, as a general rule, set at a higher level in order to secure an equivalent level of safety. Textile ropes and slings must not include any knots, connections or splicing other than at the ends of the sling, except in the case of an endless sling;

| (d) | all metallic components making up, or used with, a sling must have a working coefficient chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4; |
| --- | --- |

(d)

all metallic components making up, or used with, a sling must have a working coefficient chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4;

| (e) | the maximum working load of a multilegged sling is determined on the basis of the working coefficient of the weakest leg, the number of legs and a reduction factor which depends on the slinging configuration; |
| --- | --- |

(e)

the maximum working load of a multilegged sling is determined on the basis of the working coefficient of the weakest leg, the number of legs and a reduction factor which depends on the slinging configuration;

| (f) | in order to verify that an adequate working coefficient has been attained, the manufacturer or his authorised representative must, for each type of component referred to in (a), (b), (c) and (d), perform the appropriate tests or have such tests performed. |
| --- | --- |

(f)

in order to verify that an adequate working coefficient has been attained, the manufacturer or his authorised representative must, for each type of component referred to in (a), (b), (c) and (d), perform the appropriate tests or have such tests performed.

4.1.2.6.   Control of movements

Devices for controlling movements must act in such a way that the machinery on which they are installed is kept safe.

| (a) | Machinery must be designed and constructed or fitted with devices in such a way that the amplitude of movement of its components is kept within the specified limits. The operation of such devices must, where appropriate, be preceded by a warning. |
| --- | --- |

(a)

Machinery must be designed and constructed or fitted with devices in such a way that the amplitude of movement of its components is kept within the specified limits. The operation of such devices must, where appropriate, be preceded by a warning.

| (b) | Where several fixed or rail-mounted machines can be manoeuvred simultaneously in the same place, with risks of collision, such machinery must be designed and constructed in such a way as to make it possible to fit systems enabling these risks to be avoided. |
| --- | --- |

(b)

Where several fixed or rail-mounted machines can be manoeuvred simultaneously in the same place, with risks of collision, such machinery must be designed and constructed in such a way as to make it possible to fit systems enabling these risks to be avoided.

| (c) | Machinery must be designed and constructed in such a way that the loads cannot creep dangerously or fall freely and unexpectedly, even in the event of partial or total failure of the power supply or when the operator stops operating the machine. |
| --- | --- |

(c)

Machinery must be designed and constructed in such a way that the loads cannot creep dangerously or fall freely and unexpectedly, even in the event of partial or total failure of the power supply or when the operator stops operating the machine.

| (d) | It must not be possible, under normal operating conditions, to lower the load solely by friction brake, except in the case of machinery whose function requires it to operate in that way. |
| --- | --- |

(d)

It must not be possible, under normal operating conditions, to lower the load solely by friction brake, except in the case of machinery whose function requires it to operate in that way.

| (e) | Holding devices must be designed and constructed in such a way that inadvertent dropping of the loads is avoided. |
| --- | --- |

(e)

Holding devices must be designed and constructed in such a way that inadvertent dropping of the loads is avoided.

4.1.2.7.   Movements of loads during handling

The operating position of machinery must be located in such a way as to ensure the widest possible view of trajectories of the moving parts, in order to avoid possible collisions with persons, equipment or other machinery which might be manoeuvring at the same time and liable to constitute a hazard.

Machinery with guided loads must be designed and constructed in such a way as to prevent persons from being injured by movement of the load, the carrier or the counterweights, if any.

4.1.2.8.   Machinery serving fixed landings

4.1.2.8.1.   Movements of the carrier

The movement of the carrier of machinery serving fixed landings must be rigidly guided to and at the landings. Scissor systems are also regarded as rigid guidance.

4.1.2.8.2.   Access to the carrier

Where persons have access to the carrier, the machinery must be designed and constructed in such a way as to ensure that the carrier remains stationary during access, in particular while it is being loaded or unloaded.

The machinery must be designed and constructed in such a way as to ensure that the difference in level between the carrier and the landing being served does not create a risk of tripping.

4.1.2.8.3.   Risks due to contact with the moving carrier

Where necessary in order to fulfil the requirement expressed in the second paragraph of section 4.1.2.7, the travel zone must be rendered inaccessible during normal operation.

When, during inspection or maintenance, there is a risk that persons situated under or above the carrier may be crushed between the carrier and any fixed parts, sufficient free space must be provided either by means of physical refuges or by means of mechanical devices blocking the movement of the carrier.

4.1.2.8.4.   Risk due to the load falling off the carrier

Where there is a risk due to the load falling off the carrier, the machinery must be designed and constructed in such a way as to prevent this risk.

4.1.2.8.5.   Landings

Risks due to contact of persons at landings with the moving carrier or other moving parts must be prevented.

Where there is a risk due to persons falling into the travel zone when the carrier is not present at the landings, guards must be fitted in order to prevent this risk. Such guards must not open in the direction of the travel zone. They must be fitted with an interlocking device controlled by the position of the carrier that prevents:

| — | hazardous movements of the carrier until the guards are closed and locked, |
| --- | --- |

—

hazardous movements of the carrier until the guards are closed and locked,

| — | hazardous opening of a guard until the carrier has stopped at the corresponding landing. |
| --- | --- |

—

hazardous opening of a guard until the carrier has stopped at the corresponding landing.

4.1.3.   Fitness for purpose

When lifting machinery or lifting accessories are placed on the market or are first put into service, the manufacturer or his authorised representative must ensure, by taking appropriate measures or having them taken, that the machinery or the lifting accessories which are ready for use — whether manually or power-operated — can fulfil their specified functions safely.

The static and dynamic tests referred to in section 4.1.2.3 must be performed on all lifting machinery ready to be put into service.

Where the machinery cannot be assembled in the manufacturer's premises or in the premises of his authorised representative, the appropriate measures must be taken at the place of use. Otherwise, the measures may be taken either in the manufacturer's premises or at the place of use.

4.2.   Requirements for machinery whose power source is other than manual effort

4.2.1.   Control of movements

Hold-to-run control devices must be used to control the movements of the machinery or its equipment. However, for partial or complete movements in which there is no risk of the load or the machinery colliding, the said devices may be replaced by control devices authorising automatic stops at pre-selected positions without the operator holding a hold-to-run control device.

4.2.2.   Loading control

Machinery with a maximum working load of not less than 1 000 kilograms or an overturning moment of not less than 40000 Nm must be fitted with devices to warn the driver and prevent dangerous movements in the event:

| — | of overloading, either as a result of the maximum working load or the maximum working moment due to the load being exceeded, or |
| --- | --- |

—

of overloading, either as a result of the maximum working load or the maximum working moment due to the load being exceeded, or

| — | of the overturning moment being exceeded. |
| --- | --- |

—

of the overturning moment being exceeded.

4.2.3.   Installations guided by ropes

Rope carriers, tractors or tractor carriers must be held by counterweights or by a device allowing permanent control of the tension.

4.3.   Information and markings

4.3.1.   Chains, ropes and webbing

Each length of lifting chain, rope or webbing not forming part of an assembly must bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or his authorised representative and the identifying reference of the relevant certificate.

The certificate mentioned above must show at least the following information:

| (a) | the name and address of the manufacturer and, if appropriate, his authorised representative; |
| --- | --- |

(a)

the name and address of the manufacturer and, if appropriate, his authorised representative;

| (b) | a description of the chain or rope which includes:






  — | its nominal size, |
| --- | --- | --- |

(b)

a description of the chain or rope which includes:

—

its nominal size,

| — | its construction, |
| --- | --- |

—

its construction,

| — | the material from which it is made, and |
| --- | --- |

—

the material from which it is made, and

| — | any special metallurgical treatment applied to the material; |
| --- | --- |

—

any special metallurgical treatment applied to the material;

| (c) | the test method used; |
| --- | --- |

(c)

the test method used;

| (d) | the maximum load to which the chain or rope should be subjected in service. A range of values may be given on the basis of the intended applications. |
| --- | --- |

(d)

the maximum load to which the chain or rope should be subjected in service. A range of values may be given on the basis of the intended applications.

4.3.2.   Lifting accessories

Lifting accessories must show the following particulars:

| — | identification of the material where this information is needed for safe use, |
| --- | --- |

—

identification of the material where this information is needed for safe use,

| — | the maximum working load. |
| --- | --- |

—

the maximum working load.

In the case of lifting accessories on which marking is physically impossible, the particulars referred to in the first paragraph must be displayed on a plate or other equivalent means and securely affixed to the accessory.

The particulars must be legible and located in a place where they are not liable to disappear as a result of wear or jeopardise the strength of the accessory.

4.3.3.   Lifting machinery

The maximum working load must be prominently marked on the machinery. This marking must be legible, indelible and in an un-coded form.

Where the maximum working load depends on the configuration of the machinery, each operating position must be provided with a load plate indicating, preferably in diagrammatic form or by means of tables, the working load permitted for each configuration.

Machinery intended for lifting goods only, equipped with a carrier which allows access to persons, must bear a clear and indelible warning prohibiting the lifting of persons. This warning must be visible at each place where access is possible.

4.4.   Instructions

4.4.1.   Lifting accessories

Each lifting accessory or each commercially indivisible batch of lifting accessories must be accompanied by instructions setting out at least the following particulars:

| (a) | the intended use; |
| --- | --- |

(a)

the intended use;

| (b) | the limits of use (particularly for lifting accessories such as magnetic or vacuum pads which do not fully comply with section 4.1.2.6(e)); |
| --- | --- |

(b)

the limits of use (particularly for lifting accessories such as magnetic or vacuum pads which do not fully comply with section 4.1.2.6(e));

| (c) | instructions for assembly, use and maintenance; |
| --- | --- |

(c)

instructions for assembly, use and maintenance;

| (d) | the static test coefficient used. |
| --- | --- |

(d)

the static test coefficient used.

4.4.2.   Lifting machinery

Lifting machinery must be accompanied by instructions containing information on:

| (a) | the technical characteristics of the machinery, and in particular:






  — | the maximum working load and, where appropriate, a copy of the load plate or load table described in the second paragraph of section 4.3.3, |
| --- | --- | --- |

(a)

the technical characteristics of the machinery, and in particular:

—

the maximum working load and, where appropriate, a copy of the load plate or load table described in the second paragraph of section 4.3.3,

| — | the reactions at the supports or anchors and, where appropriate, characteristics of the tracks, |
| --- | --- |

—

the reactions at the supports or anchors and, where appropriate, characteristics of the tracks,

| — | where appropriate, the definition and the means of installation of the ballast; |
| --- | --- |

—

where appropriate, the definition and the means of installation of the ballast;

| (b) | the contents of the logbook, if the latter is not supplied with the machinery; |
| --- | --- |

(b)

the contents of the logbook, if the latter is not supplied with the machinery;

| (c) | advice for use, particularly to offset the lack of direct vision of the load by the operator; |
| --- | --- |

(c)

advice for use, particularly to offset the lack of direct vision of the load by the operator;

| (d) | where appropriate, a test report detailing the static and dynamic tests carried out by or for the manufacturer or his authorised representative; |
| --- | --- |

(d)

where appropriate, a test report detailing the static and dynamic tests carried out by or for the manufacturer or his authorised representative;

| (e) | for machinery which is not assembled on the premises of the manufacturer in the form in which it is to be used, the necessary instructions for performing the measures referred to in section 4.1.3 before it is first put into service. |
| --- | --- |

(e)

for machinery which is not assembled on the premises of the manufacturer in the form in which it is to be used, the necessary instructions for performing the measures referred to in section 4.1.3 before it is first put into service.

5.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY INTENDED FOR UNDERGROUND WORK

Machinery intended for underground work must meet all the essential health and safety requirements described in this chapter (see General Principles, point 4).

5.1.   Risks due to lack of stability

Powered roof supports must be designed and constructed in such a way as to maintain a given direction when moving and not slip before and while they come under load and after the load has been removed. They must be equipped with anchorages for the top plates of the individual hydraulic props.

5.2.   Movement

Powered roof supports must allow for unhindered movement of persons.

5.3.   Control devices

The accelerator and brake controls for movement of machinery running on rails must be hand-operated. However, enabling devices may be foot-operated.

The control devices of powered roof supports must be designed and positioned in such a way that, during displacement operations, operators are sheltered by a support in place. The control devices must be protected against any accidental release.

5.4.   Stopping

Self-propelled machinery running on rails for use in underground work must be equipped with an enabling device acting on the circuit controlling the movement of the machinery such that movement is stopped if the driver is no longer in control of the movement.

5.5.   Fire

The second indent of section 3.5.2 is mandatory in respect of machinery which comprises highly flammable parts.

The braking system of machinery intended for use in underground workings must be designed and constructed in such a way that it does not produce sparks or cause fires.

Machinery with internal combustion engines for use in underground workings must be fitted only with engines using fuel with a low vaporising pressure and which exclude any spark of electrical origin.

5.6.   Exhaust emissions

Exhaust emissions from internal combustion engines must not be discharged upwards.

6.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR HAZARDS DUE TO THE LIFTING OF PERSONS

Machinery presenting hazards due to the lifting of persons must meet all the relevant essential health and safety requirements described in this chapter (see General Principles, point 4).

6.1.   General

6.1.1.   Mechanical strength

The carrier, including any trapdoors, must be designed and constructed in such a way as to offer the space and strength corresponding to the maximum number of persons permitted on the carrier and the maximum working load.

The working coefficients for components set out in sections 4.1.2.4 and 4.1.2.5 are inadequate for machinery intended for the lifting of persons and must, as a general rule, be doubled. Machinery intended for lifting persons or persons and goods must be fitted with a suspension or supporting system for the carrier designed and constructed in such a way as to ensure an adequate overall level of safety and to prevent the risk of the carrier falling.

If ropes or chains are used to suspend the carrier, as a general rule, at least two independent ropes or chains are required, each with its own anchorage.

6.1.2.   Loading control for machinery moved by power other than human strength

The requirements of section 4.2.2 apply regardless of the maximum working load and overturning moment, unless the manufacturer can demonstrate that there is no risk of overloading or overturning.

6.2.   Control devices

Where safety requirements do not impose other solutions, the carrier must, as a general rule, be designed and constructed in such a way that persons in the carrier have means of controlling upward and downward movements and, if appropriate, other movements of the carrier.

In operation, those control devices must override any other devices controlling the same movement with the exception of emergency stop devices.

The control devices for these movements must be of the hold-to-run type except where the carrier itself is completely enclosed.

6.3.   Risks to persons in or on the carrier

6.3.1.   Risks due to movements of the carrier

Machinery for lifting persons must be designed, constructed or equipped in such a way that the acceleration or deceleration of the carrier does not engender risks for persons.

6.3.2.   Risk of persons falling from the carrier

The carrier must not tilt to an extent which creates a risk of the occupants falling, including when the machinery and carrier are moving.

Where the carrier is designed as a work station, provision must be made to ensure stability and to prevent hazardous movements.

If the measures referred to in section 1.5.15 are not adequate, carriers must be fitted with a sufficient number of suitable anchorage points for the number of persons permitted on the carrier. The anchorage points must be strong enough for the use of personal protective equipment against falls from a height.

Any trapdoor in floors or ceilings or side doors must be designed and constructed in such a way as to prevent inadvertent opening and must open in a direction that obviates any risk of falling, should they open unexpectedly.

6.3.3.   Risk due to objects falling on the carrier

Where there is a risk of objects falling on the carrier and endangering persons, the carrier must be equipped with a protective roof.

6.4.   Machinery serving fixed landings

6.4.1.   Risks to persons in or on the carrier

The carrier must be designed and constructed in such a way as to prevent risks due to contact between persons and/or objects in or on the carrier with any fixed or moving elements. Where necessary in order to fulfil this requirement, the carrier itself must be completely enclosed with doors fitted with an interlocking device that prevents hazardous movements of the carrier unless the doors are closed. The doors must remain closed if the carrier stops between landings where there is a risk of falling from the carrier.

The machinery must be designed, constructed and, where necessary, equipped with devices in such a way as to prevent uncontrolled upward or downward movement of the carrier. These devices must be able to stop the carrier at its maximum working load and at the foreseeable maximum speed.

The stopping action must not cause deceleration harmful to the occupants, whatever the load conditions.

6.4.2.   Controls at landings

Controls, other than those for emergency use, at landings must not initiate movements of the carrier when:

| — | the control devices in the carrier are being operated, |
| --- | --- |

—

the control devices in the carrier are being operated,

| — | the carrier is not at a landing. |
| --- | --- |

—

the carrier is not at a landing.

6.4.3.   Access to the carrier

The guards at the landings and on the carrier must be designed and constructed in such a way as to ensure safe transfer to and from the carrier, taking into consideration the foreseeable range of goods and persons to be lifted.

6.5.   Markings

The carrier must bear the information necessary to ensure safety including:

| — | the number of persons permitted on the carrier, |
| --- | --- |

—

the number of persons permitted on the carrier,

| — | the maximum working load. |
| --- | --- |

—

the maximum working load.

ANNEX II

DECLARATIONS

1.   CONTENT

A.   EC DECLARATION OF CONFORMITY OF THE MACHINERY

This declaration and translations thereof must be drawn up under the same conditions as the instructions (see Annex I, section 1.7.4.1(a) and (b)), and must be typewritten or else handwritten in capital letters.

This declaration relates exclusively to the machinery in the state in which it was placed on the market, and excludes components which are added and/or operations carried out subsequently by the final user.

The EC declaration of conformity must contain the following particulars:

| 1. | business name and full address of the manufacturer and, where appropriate, his authorised representative; |
| --- | --- |

1.

business name and full address of the manufacturer and, where appropriate, his authorised representative;

| 2. | name and address of the person authorised to compile the technical file, who must be established in the Community; |
| --- | --- |

2.

name and address of the person authorised to compile the technical file, who must be established in the Community;

| 3. | description and identification of the machinery, including generic denomination, function, model, type, serial number and commercial name; |
| --- | --- |

3.

description and identification of the machinery, including generic denomination, function, model, type, serial number and commercial name;

| 4. | a sentence expressly declaring that the machinery fulfils all the relevant provisions of this Directive and where appropriate, a similar sentence declaring the conformity with other Directives and/or relevant provisions with which the machinery complies. These references must be those of the texts published in the Official Journal of the European Union; |
| --- | --- |

4.

a sentence expressly declaring that the machinery fulfils all the relevant provisions of this Directive and where appropriate, a similar sentence declaring the conformity with other Directives and/or relevant provisions with which the machinery complies. These references must be those of the texts published in the Official Journal of the European Union;

| 5. | where appropriate, the name, address and identification number of the notified body which carried out the EC type-examination referred to in Annex IX and the number of the EC type-examination certificate; |
| --- | --- |

5.

where appropriate, the name, address and identification number of the notified body which carried out the EC type-examination referred to in Annex IX and the number of the EC type-examination certificate;

| 6. | where appropriate, the name, address and identification number of the notified body which approved the full quality assurance system referred to in Annex X; |
| --- | --- |

6.

where appropriate, the name, address and identification number of the notified body which approved the full quality assurance system referred to in Annex X;

| 7. | where appropriate, a reference to the harmonised standards used, as referred to in Article 7(2); |
| --- | --- |

7.

where appropriate, a reference to the harmonised standards used, as referred to in Article 7(2);

| 8. | where appropriate, the reference to other technical standards and specifications used; |
| --- | --- |

8.

where appropriate, the reference to other technical standards and specifications used;

| 9. | the place and date of the declaration; |
| --- | --- |

9.

the place and date of the declaration;

| 10. | the identity and signature of the person empowered to draw up the declaration on behalf of the manufacturer or his authorised representative. |
| --- | --- |

10.

the identity and signature of the person empowered to draw up the declaration on behalf of the manufacturer or his authorised representative.

B.   DECLARATION OF INCORPORATION OF PARTLY COMPLETED MACHINERY

This declaration and translations thereof must be drawn up under the same conditions as the instructions (see Annex I, section 1.7.4.1(a) and (b)), and must be typewritten or else handwritten in capital letters.

The declaration of incorporation must contain the following particulars:

| 1. | business name and full address of the manufacturer of the partly completed machinery and, where appropriate, his authorised representative; |
| --- | --- |

1.

business name and full address of the manufacturer of the partly completed machinery and, where appropriate, his authorised representative;

| 2. | name and address of the person authorised to compile the relevant technical documentation, who must be established in the Community; |
| --- | --- |

2.

name and address of the person authorised to compile the relevant technical documentation, who must be established in the Community;

| 3. | description and identification of the partly completed machinery including generic denomination, function, model, type, serial number and commercial name; |
| --- | --- |

3.

description and identification of the partly completed machinery including generic denomination, function, model, type, serial number and commercial name;

| 4. | a sentence declaring which essential requirements of this Directive are applied and fulfilled and that the relevant technical documentation is compiled in accordance with part B of Annex VII, and, where appropriate, a sentence declaring the conformity of the partly completed machinery with other relevant Directives. These references must be those of the texts published in the Official Journal of the European Union; |
| --- | --- |

4.

a sentence declaring which essential requirements of this Directive are applied and fulfilled and that the relevant technical documentation is compiled in accordance with part B of Annex VII, and, where appropriate, a sentence declaring the conformity of the partly completed machinery with other relevant Directives. These references must be those of the texts published in the Official Journal of the European Union;

| 5. | an undertaking to transmit, in response to a reasoned request by the national authorities, relevant information on the partly completed machinery. This shall include the method of transmission and shall be without prejudice to the intellectual property rights of the manufacturer of the partly completed machinery; |
| --- | --- |

5.

an undertaking to transmit, in response to a reasoned request by the national authorities, relevant information on the partly completed machinery. This shall include the method of transmission and shall be without prejudice to the intellectual property rights of the manufacturer of the partly completed machinery;

| 6. | a statement that the partly completed machinery must not be put into service until the final machinery into which it is to be incorporated has been declared in conformity with the provisions of this Directive, where appropriate; |
| --- | --- |

6.

a statement that the partly completed machinery must not be put into service until the final machinery into which it is to be incorporated has been declared in conformity with the provisions of this Directive, where appropriate;

| 7. | the place and date of the declaration; |
| --- | --- |

7.

the place and date of the declaration;

| 8. | the identity and signature of the person empowered to draw up the declaration on behalf of the manufacturer or his authorised representative. |
| --- | --- |

8.

the identity and signature of the person empowered to draw up the declaration on behalf of the manufacturer or his authorised representative.

2.   CUSTODY

The manufacturer of machinery or his authorised representative shall keep the original EC declaration of conformity for a period of at least ten years from the last date of manufacture of the machinery.

The manufacturer of partly completed machinery or his authorised representative shall keep the original declaration of incorporation for a period of at least ten years from the last date of manufacture of the partly completed machinery.

ANNEX III

CE MARKING

The CE conformity marking shall consist of the initials ‘CE’ taking the following form:

Image

If the CE marking is reduced or enlarged the proportions shown in the above drawing must be respected.

The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm. The minimum dimension may be waived for small-scale machinery.

The CE marking must be affixed in the immediate vicinity of the name of the manufacturer or his authorised representative, using the same technique.

Where the full quality assurance procedure referred to in Article 12(3)(c) and 12(4)(b) has been applied, the CE marking must be followed by the identification number of the notified body.

ANNEX IV

CATEGORIES OF MACHINERY TO WHICH ONE OF THE PROCEDURES REFERRED TO IN ARTICLE 12(3) AND (4) MUST BE APPLIED

| 1. | Circular saws (single or multi-blade) for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types:






  1.1. | sawing machinery with fixed blade(s) during cutting, having a fixed bed or support with manual feed of the workpiece or with a demountable power feed; |
| --- | --- | --- |

1.

Circular saws (single or multi-blade) for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types:

1.1.

sawing machinery with fixed blade(s) during cutting, having a fixed bed or support with manual feed of the workpiece or with a demountable power feed;

| 1.2. | sawing machinery with fixed blade(s) during cutting, having a manually operated reciprocating sawbench or carriage; |
| --- | --- |

1.2.

sawing machinery with fixed blade(s) during cutting, having a manually operated reciprocating sawbench or carriage;

| 1.3. | sawing machinery with fixed blade(s) during cutting, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading; |
| --- | --- |

1.3.

sawing machinery with fixed blade(s) during cutting, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading;

| 1.4. | sawing machinery with movable blade(s) during cutting, having mechanical movement of the blade, with manual loading and/or unloading. |
| --- | --- |

1.4.

sawing machinery with movable blade(s) during cutting, having mechanical movement of the blade, with manual loading and/or unloading.

| 2. | Hand-fed surface planing machinery for woodworking. |
| --- | --- |

2.

Hand-fed surface planing machinery for woodworking.

| 3. | Thicknessers for one-side dressing having a built-in mechanical feed device, with manual loading and/or unloading for woodworking. |
| --- | --- |

3.

Thicknessers for one-side dressing having a built-in mechanical feed device, with manual loading and/or unloading for woodworking.

| 4. | Band-saws with manual loading and/or unloading for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types:






  4.1. | sawing machinery with fixed blade(s) during cutting, having a fixed or reciprocating-movement bed or support for the workpiece; |
| --- | --- | --- |

4.

Band-saws with manual loading and/or unloading for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics, of the following types:

4.1.

sawing machinery with fixed blade(s) during cutting, having a fixed or reciprocating-movement bed or support for the workpiece;

| 4.2. | sawing machinery with blade(s) assembled on a carriage with reciprocating motion. |
| --- | --- |

4.2.

sawing machinery with blade(s) assembled on a carriage with reciprocating motion.

| 5. | Combined machinery of the types referred to in points 1 to 4 and in point 7 for working with wood and material with similar physical characteristics. |
| --- | --- |

5.

Combined machinery of the types referred to in points 1 to 4 and in point 7 for working with wood and material with similar physical characteristics.

| 6. | Hand-fed tenoning machinery with several tool holders for woodworking. |
| --- | --- |

6.

Hand-fed tenoning machinery with several tool holders for woodworking.

| 7. | Hand-fed vertical spindle moulding machinery for working with wood and material with similar physical characteristics. |
| --- | --- |

7.

Hand-fed vertical spindle moulding machinery for working with wood and material with similar physical characteristics.

| 8. | Portable chainsaws for woodworking. |
| --- | --- |

8.

Portable chainsaws for woodworking.

| 9. | Presses, including press-brakes, for the cold working of metals, with manual loading and/or unloading, whose movable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s. |
| --- | --- |

9.

Presses, including press-brakes, for the cold working of metals, with manual loading and/or unloading, whose movable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s.

| 10. | Injection or compression plastics-moulding machinery with manual loading or unloading. |
| --- | --- |

10.

Injection or compression plastics-moulding machinery with manual loading or unloading.

| 11. | Injection or compression rubber-moulding machinery with manual loading or unloading. |
| --- | --- |

11.

Injection or compression rubber-moulding machinery with manual loading or unloading.

| 12. | Machinery for underground working of the following types:






  12.1. | locomotives and brake-vans; |
| --- | --- | --- |

12.

Machinery for underground working of the following types:

12.1.

locomotives and brake-vans;

| 12.2. | hydraulic-powered roof supports. |
| --- | --- |

12.2.

hydraulic-powered roof supports.

| 13. | Manually loaded trucks for the collection of household refuse incorporating a compression mechanism. |
| --- | --- |

13.

Manually loaded trucks for the collection of household refuse incorporating a compression mechanism.

| 14. | Removable mechanical transmission devices including their guards. |
| --- | --- |

14.

Removable mechanical transmission devices including their guards.

| 15. | Guards for removable mechanical transmission devices. |
| --- | --- |

15.

Guards for removable mechanical transmission devices.

| 16. | Vehicle servicing lifts. |
| --- | --- |

16.

Vehicle servicing lifts.

| 17. | Devices for the lifting of persons or of persons and goods involving a hazard of falling from a vertical height of more than three metres. |
| --- | --- |

17.

Devices for the lifting of persons or of persons and goods involving a hazard of falling from a vertical height of more than three metres.

| 18. | Portable cartridge-operated fixing and other impact machinery. |
| --- | --- |

18.

Portable cartridge-operated fixing and other impact machinery.

| 19. | Protective devices designed to detect the presence of persons. |
| --- | --- |

19.

Protective devices designed to detect the presence of persons.

| 20. | Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in points 9, 10 and 11. |
| --- | --- |

20.

Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in points 9, 10 and 11.

| 21. | Logic units to ensure safety functions. |
| --- | --- |

21.

Logic units to ensure safety functions.

| 22. | Roll-over protective structures (ROPS). |
| --- | --- |

22.

Roll-over protective structures (ROPS).

| 23. | Falling-object protective structures (FOPS). |
| --- | --- |

23.

Falling-object protective structures (FOPS).

ANNEX V

INDICATIVE LIST OF THE SAFETY COMPONENTS REFERRED TO IN ARTICLE 2(C)

| 1. | Guards for removable mechanical transmission devices. |
| --- | --- |

1.

Guards for removable mechanical transmission devices.

| 2. | Protective devices designed to detect the presence of persons. |
| --- | --- |

2.

Protective devices designed to detect the presence of persons.

| 3. | Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in items 9, 10 and 11 of Annex IV. |
| --- | --- |

3.

Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in items 9, 10 and 11 of Annex IV.

| 4. | Logic units to ensure safety functions. |
| --- | --- |

4.

Logic units to ensure safety functions.

| 5. | Valves with additional means for failure detection intended for the control of dangerous movements on machinery. |
| --- | --- |

5.

Valves with additional means for failure detection intended for the control of dangerous movements on machinery.

| 6. | Extraction systems for machinery emissions. |
| --- | --- |

6.

Extraction systems for machinery emissions.

| 7. | Guards and protective devices designed to protect persons against moving parts involved in the process on the machinery. |
| --- | --- |

7.

Guards and protective devices designed to protect persons against moving parts involved in the process on the machinery.

| 8. | Monitoring devices for loading and movement control in lifting machinery. |
| --- | --- |

8.

Monitoring devices for loading and movement control in lifting machinery.

| 9. | Restraint systems to keep persons on their seats. |
| --- | --- |

9.

Restraint systems to keep persons on their seats.

| 10. | Emergency stop devices. |
| --- | --- |

10.

Emergency stop devices.

| 11. | Discharging systems to prevent the build-up of potentially dangerous electrostatic charges. |
| --- | --- |

11.

Discharging systems to prevent the build-up of potentially dangerous electrostatic charges.

| 12. | Energy limiters and relief devices referred to in sections 1.5.7, 3.4.7 and 4.1.2.6 of Annex I. |
| --- | --- |

12.

Energy limiters and relief devices referred to in sections 1.5.7, 3.4.7 and 4.1.2.6 of Annex I.

| 13. | Systems and devices to reduce the emission of noise and vibrations. |
| --- | --- |

13.

Systems and devices to reduce the emission of noise and vibrations.

| 14. | Roll-over protective structures (ROPS). |
| --- | --- |

14.

Roll-over protective structures (ROPS).

| 15. | Falling-object protective structures (FOPS). |
| --- | --- |

15.

Falling-object protective structures (FOPS).

| 16. | Two-hand control devices. |
| --- | --- |

16.

Two-hand control devices.

| 17. | Components for machinery designed for lifting and/or lowering persons between different landings and included in the following list:






  (a) | devices for locking landing doors; |
| --- | --- | --- |

17.

Components for machinery designed for lifting and/or lowering persons between different landings and included in the following list:

(a)

devices for locking landing doors;

| (b) | devices to prevent the load-carrying unit from falling or unchecked upwards movement; |
| --- | --- |

(b)

devices to prevent the load-carrying unit from falling or unchecked upwards movement;

| (c) | overspeed limitation devices; |
| --- | --- |

(c)

overspeed limitation devices;

| (d) | energy-accumulating shock absorbers,






  — | non-linear or |
| --- | --- | --- |

(d)

energy-accumulating shock absorbers,

—

non-linear or

| — | with damping of the return movement; |
| --- | --- |

—

with damping of the return movement;

| (e) | energy-dissipating shock absorbers; |
| --- | --- |

(e)

energy-dissipating shock absorbers;

| (f) | safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls; |
| --- | --- |

(f)

safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls;

| (g) | electric safety devices in the form of safety switches containing electronic components. |
| --- | --- |

(g)

electric safety devices in the form of safety switches containing electronic components.

ANNEX VI

ASSEMBLY INSTRUCTIONS FOR PARTLY COMPLETED MACHINERY

The assembly instructions for partly completed machinery must contain a description of the conditions which must be met with a view to correct incorporation in the final machinery, so as not to compromise safety and health.

The assembly instructions must be written in an official Community language acceptable to the manufacturer of the machinery in which the partly completed machinery will be assembled, or to his authorised representative.

ANNEX VII

A.   TECHNICAL FILE FOR MACHINERY

This part describes the procedure for compiling a technical file. The technical file must demonstrate that the machinery complies with the requirements of this Directive. It must cover the design, manufacture and operation of the machinery to the extent necessary for this assessment. The technical file must be compiled in one or more official Community languages, except for the instructions for the machinery, for which the special provisions of Annex I, section 1.7.4.1 apply.

| 1. | The technical file shall comprise the following:






  (a) | a construction file including:






  — | a general description of the machinery, |
| --- | --- | --- | --- |

1.

The technical file shall comprise the following:

(a)

a construction file including:

—

a general description of the machinery,

| — | the overall drawing of the machinery and drawings of the control circuits, as well as the pertinent descriptions and explanations necessary for understanding the operation of the machinery, |
| --- | --- |

—

the overall drawing of the machinery and drawings of the control circuits, as well as the pertinent descriptions and explanations necessary for understanding the operation of the machinery,

| — | full detailed drawings, accompanied by any calculation notes, test results, certificates, etc., required to check the conformity of the machinery with the essential health and safety requirements, |
| --- | --- |

—

full detailed drawings, accompanied by any calculation notes, test results, certificates, etc., required to check the conformity of the machinery with the essential health and safety requirements,

| — | the documentation on risk assessment demonstrating the procedure followed, including:







  (i) | a list of the essential health and safety requirements which apply to the machinery, |
| --- | --- | --- |

—

the documentation on risk assessment demonstrating the procedure followed, including:

(i)

a list of the essential health and safety requirements which apply to the machinery,

| (ii) | the description of the protective measures implemented to eliminate identified hazards or to reduce risks and, when appropriate, the indication of the residual risks associated with the machinery, |
| --- | --- |

(ii)

the description of the protective measures implemented to eliminate identified hazards or to reduce risks and, when appropriate, the indication of the residual risks associated with the machinery,

| — | the standards and other technical specifications used, indicating the essential health and safety requirements covered by these standards, |
| --- | --- |

—

the standards and other technical specifications used, indicating the essential health and safety requirements covered by these standards,

| — | any technical report giving the results of the tests carried out either by the manufacturer or by a body chosen by the manufacturer or his authorised representative, |
| --- | --- |

—

any technical report giving the results of the tests carried out either by the manufacturer or by a body chosen by the manufacturer or his authorised representative,

| — | a copy of the instructions for the machinery, |
| --- | --- |

—

a copy of the instructions for the machinery,

| — | where appropriate, the declaration of incorporation for included partly completed machinery and the relevant assembly instructions for such machinery, |
| --- | --- |

—

where appropriate, the declaration of incorporation for included partly completed machinery and the relevant assembly instructions for such machinery,

| — | where appropriate, copies of the EC declaration of conformity of machinery or other products incorporated into the machinery, |
| --- | --- |

—

where appropriate, copies of the EC declaration of conformity of machinery or other products incorporated into the machinery,

| — | a copy of the EC declaration of conformity; |
| --- | --- |

—

a copy of the EC declaration of conformity;

| (b) | for series manufacture, the internal measures that will be implemented to ensure that the machinery remains in conformity with the provisions of this Directive. |
| --- | --- |

(b)

for series manufacture, the internal measures that will be implemented to ensure that the machinery remains in conformity with the provisions of this Directive.

The manufacturer must carry out necessary research and tests on components, fittings or the completed machinery to determine whether by its design or construction it is capable of being assembled and put into service safely. The relevant reports and results shall be included in the technical file.

| 2. | The technical file referred to in point 1 must be made available to the competent authorities of the Member States for at least 10 years following the date of manufacture of the machinery or, in the case of series manufacture, of the last unit produced.
  The technical file does not have to be located in the territory of the Community, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a period of time commensurate with its complexity by the person designated in the EC declaration of conformity.
  The technical file does not have to include detailed plans or any other specific information as regards the sub-assemblies used for the manufacture of the machinery unless a knowledge of them is essential for verification of conformity with the essential health and safety requirements. |
| --- | --- |

2.

The technical file referred to in point 1 must be made available to the competent authorities of the Member States for at least 10 years following the date of manufacture of the machinery or, in the case of series manufacture, of the last unit produced.

The technical file does not have to be located in the territory of the Community, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a period of time commensurate with its complexity by the person designated in the EC declaration of conformity.

The technical file does not have to include detailed plans or any other specific information as regards the sub-assemblies used for the manufacture of the machinery unless a knowledge of them is essential for verification of conformity with the essential health and safety requirements.

| 3. | Failure to present the technical file in response to a duly reasoned request by the competent national authorities may constitute sufficient grounds for doubting the conformity of the machinery in question with the essential health and safety requirements. |
| --- | --- |

3.

Failure to present the technical file in response to a duly reasoned request by the competent national authorities may constitute sufficient grounds for doubting the conformity of the machinery in question with the essential health and safety requirements.

B.   RELEVANT TECHNICAL DOCUMENTATION FOR PARTLY COMPLETED MACHINERY

This part describes the procedure for compiling relevant technical documentation. The documentation must show which requirements of this Directive are applied and fulfilled. It must cover the design, manufacture and operation of the partly completed machinery to the extent necessary for the assessment of conformity with the essential health and safety requirements applied. The documentation must be compiled in one or more official Community languages.

It shall comprise the following:

| (a) | a construction file including:






  — | the overall drawing of the partly completed machinery and drawings of the control circuits, |
| --- | --- | --- |

(a)

a construction file including:

—

the overall drawing of the partly completed machinery and drawings of the control circuits,

| — | full detailed drawings, accompanied by any calculation notes, test results, certificates, etc., required to check the conformity of the partly completed machinery with the applied essential health and safety requirements, |
| --- | --- |

—

full detailed drawings, accompanied by any calculation notes, test results, certificates, etc., required to check the conformity of the partly completed machinery with the applied essential health and safety requirements,

| — | the risk assessment documentation showing the procedure followed, including:







  (i) | a list of the essential health and safety requirements applied and fulfilled, |
| --- | --- | --- |

—

the risk assessment documentation showing the procedure followed, including:

(i)

a list of the essential health and safety requirements applied and fulfilled,

| (ii) | the description of the protective measures implemented to eliminate identified hazards or to reduce risks and, where appropriate, the indication of the residual risks, |
| --- | --- |

(ii)

the description of the protective measures implemented to eliminate identified hazards or to reduce risks and, where appropriate, the indication of the residual risks,

| (iii) | the standards and other technical specifications used, indicating the essential health and safety requirements covered by these standards, |
| --- | --- |

(iii)

the standards and other technical specifications used, indicating the essential health and safety requirements covered by these standards,

| (iv) | any technical report giving the results of the tests carried out either by the manufacturer or by a body chosen by the manufacturer or his authorised representative, |
| --- | --- |

(iv)

any technical report giving the results of the tests carried out either by the manufacturer or by a body chosen by the manufacturer or his authorised representative,

| (v) | a copy of the assembly instructions for the partly completed machinery; |
| --- | --- |

(v)

a copy of the assembly instructions for the partly completed machinery;

| (b) | for series manufacture, the internal measures that will be implemented to ensure that the partly completed machinery remains in conformity with the essential health and safety requirements applied. |
| --- | --- |

(b)

for series manufacture, the internal measures that will be implemented to ensure that the partly completed machinery remains in conformity with the essential health and safety requirements applied.

The manufacturer must carry out necessary research and tests on components, fittings or the partly completed machinery to determine whether by its design or construction it is capable of being assembled and used safely. The relevant reports and results shall be included in the technical file.

The relevant technical documentation must be available for at least 10 years following the date of manufacture of the partly completed machinery or, in the case of series manufacture, of the last unit produced, and on request presented to the competent authorities of the Member States. It does not have to be located in the territory of the Community, nor does it have to be permanently available in material form. It must be capable of being assembled and presented to the relevant authority by the person designated in the declaration for incorporation.

Failure to present the relevant technical documentation in response to a duly reasoned request by the competent national authorities may constitute sufficient grounds for doubting the conformity of the partly completed machinery with the essential health and safety requirements applied and attested.

ANNEX VIII

ASSESSMENT OF CONFORMITY WITH INTERNAL CHECKS ON THE MANUFACTURE OF MACHINERY

1. This Annex describes the procedure by which the manufacturer or his authorised representative, who carries out the obligations laid down in points 2 and 3, ensures and declares that the machinery concerned satisfies the relevant requirements of this Directive.

2. For each representative type of the series in question, the manufacturer or his authorised representative shall draw up the technical file referred to in Annex VII, part A.

3. The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured machinery with the technical file referred to in Annex VII, part A, and with the requirements of this Directive.

ANNEX IX

EC TYPE-EXAMINATION

EC type-examination is the procedure whereby a notified body ascertains and certifies that a representative model of machinery referred to in Annex IV (hereafter named the ‘type’) satisfies the provisions of this Directive.

| 1. | The manufacturer or his authorised representative must, for each type, draw up the technical file referred to in Annex VII, part A. |
| --- | --- |

1.

The manufacturer or his authorised representative must, for each type, draw up the technical file referred to in Annex VII, part A.

| 2. | For each type, the application for an EC type-examination shall be submitted by the manufacturer or his authorised representative to a notified body of his choice.
  The application shall include:






  — | the name and address of the manufacturer and, where appropriate, his authorised representative, |
| --- | --- | --- |

2.

For each type, the application for an EC type-examination shall be submitted by the manufacturer or his authorised representative to a notified body of his choice.

The application shall include:

—

the name and address of the manufacturer and, where appropriate, his authorised representative,

| — | a written declaration that the application has not been submitted to another notified body, |
| --- | --- |

—

a written declaration that the application has not been submitted to another notified body,

| — | the technical file. |
| --- | --- |

—

the technical file.

Moreover, the applicant shall place at the disposal of the notified body a sample of the type. The notified body may ask for further samples if the test programme so requires.

| 3. | The notified body shall:






  3.1. | examine the technical file, check that the type was manufactured in accordance with it and establish which elements have been designed in accordance with the relevant provisions of the standards referred to in Article 7(2), and those elements whose design is not based on the relevant provisions of those standards; |
| --- | --- | --- |

3.

The notified body shall:

3.1.

examine the technical file, check that the type was manufactured in accordance with it and establish which elements have been designed in accordance with the relevant provisions of the standards referred to in Article 7(2), and those elements whose design is not based on the relevant provisions of those standards;

| 3.2. | carry out or have carried out appropriate inspections, measurements and tests to ascertain whether the solutions adopted satisfy the essential health and safety requirements of this Directive, where the standards referred to in Article 7(2) were not applied; |
| --- | --- |

3.2.

carry out or have carried out appropriate inspections, measurements and tests to ascertain whether the solutions adopted satisfy the essential health and safety requirements of this Directive, where the standards referred to in Article 7(2) were not applied;

| 3.3. | where harmonised standards referred to in Article 7(2) were used, carry out or have carried out appropriate inspections, measurements and tests to verify that those standards were actually applied; |
| --- | --- |

3.3.

where harmonised standards referred to in Article 7(2) were used, carry out or have carried out appropriate inspections, measurements and tests to verify that those standards were actually applied;

| 3.4. | agree with the applicant as to the place where the check that the type was manufactured in accordance with the examined technical file and the necessary inspections, measurements and tests will be carried out. |
| --- | --- |

3.4.

agree with the applicant as to the place where the check that the type was manufactured in accordance with the examined technical file and the necessary inspections, measurements and tests will be carried out.

| 4. | If the type satisfies the provisions of this Directive, the notified body shall issue the applicant with an EC type-examination certificate. The certificate shall include the name and address of the manufacturer and his authorised representative, the data necessary for identifying the approved type, the conclusions of the examination and the conditions to which its issue may be subject.
  The manufacturer and the notified body shall retain a copy of this certificate, the technical file and all relevant documents for a period of 15 years from the date of issue of the certificate. |
| --- | --- |

4.

If the type satisfies the provisions of this Directive, the notified body shall issue the applicant with an EC type-examination certificate. The certificate shall include the name and address of the manufacturer and his authorised representative, the data necessary for identifying the approved type, the conclusions of the examination and the conditions to which its issue may be subject.

The manufacturer and the notified body shall retain a copy of this certificate, the technical file and all relevant documents for a period of 15 years from the date of issue of the certificate.

| 5. | If the type does not satisfy the provisions of this Directive, the notified body shall refuse to issue the applicant with an EC type-examination certificate, giving detailed reasons for its refusal. It shall inform the applicant, the other notified bodies and the Member State which notified it. An appeal procedure must be available. |
| --- | --- |

5.

If the type does not satisfy the provisions of this Directive, the notified body shall refuse to issue the applicant with an EC type-examination certificate, giving detailed reasons for its refusal. It shall inform the applicant, the other notified bodies and the Member State which notified it. An appeal procedure must be available.

| 6. | The applicant shall inform the notified body which retains the technical file relating to the EC typeexamination certificate of all modifications to the approved type. The notified body shall examine these modifications and shall then either confirm the validity of the existing EC type-examination certificate or issue a new one if the modifications are liable to compromise conformity with the essential health and safety requirements or the intended working conditions of the type. |
| --- | --- |

6.

The applicant shall inform the notified body which retains the technical file relating to the EC typeexamination certificate of all modifications to the approved type. The notified body shall examine these modifications and shall then either confirm the validity of the existing EC type-examination certificate or issue a new one if the modifications are liable to compromise conformity with the essential health and safety requirements or the intended working conditions of the type.

| 7. | The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EC type-examination certificates. On reasoned request, the Commission and the Member States may obtain a copy of the technical file and the results of the examinations carried out by the notified body. |
| --- | --- |

7.

The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EC type-examination certificates. On reasoned request, the Commission and the Member States may obtain a copy of the technical file and the results of the examinations carried out by the notified body.

| 8. | Files and correspondence referring to the EC type-examination procedures shall be written in the official Community language(s) of the Member State where the notified body is established or in any other official Community language acceptable to the notified body. |
| --- | --- |

8.

Files and correspondence referring to the EC type-examination procedures shall be written in the official Community language(s) of the Member State where the notified body is established or in any other official Community language acceptable to the notified body.

| 9. | Validity of the EC type-examination certificate






  9.1. | The notified body has the ongoing responsibility of ensuring that the EC type-examination certificate remains valid. It shall inform the manufacturer of any major changes which would have an implication on the validity of the certificate. The notified body shall withdraw certificates which are no longer valid. |
| --- | --- | --- |

9.

Validity of the EC type-examination certificate

9.1.

The notified body has the ongoing responsibility of ensuring that the EC type-examination certificate remains valid. It shall inform the manufacturer of any major changes which would have an implication on the validity of the certificate. The notified body shall withdraw certificates which are no longer valid.

| 9.2. | The manufacturer of the machinery concerned has the ongoing responsibility of ensuring that the said machinery meets the corresponding state of the art. |
| --- | --- |

9.2.

The manufacturer of the machinery concerned has the ongoing responsibility of ensuring that the said machinery meets the corresponding state of the art.

| 9.3. | The manufacturer shall request from the notified body the review of the validity of the EC typeexamination certificate every five years.
  If the notified body finds that the certificate remains valid, taking into account the state of the art, it shall renew the certificate for a further five years.
  The manufacturer and the notified body shall retain a copy of this certificate, of the technical file and of all the relevant documents for a period of 15 years from the date of issue of the certificate. |
| --- | --- |

9.3.

The manufacturer shall request from the notified body the review of the validity of the EC typeexamination certificate every five years.

If the notified body finds that the certificate remains valid, taking into account the state of the art, it shall renew the certificate for a further five years.

The manufacturer and the notified body shall retain a copy of this certificate, of the technical file and of all the relevant documents for a period of 15 years from the date of issue of the certificate.

| 9.4. | In the event that the validity of the EC-type examination certificate is not renewed, the manufacturer shall cease the placing on the market of the machinery concerned. |
| --- | --- |

9.4.

In the event that the validity of the EC-type examination certificate is not renewed, the manufacturer shall cease the placing on the market of the machinery concerned.

ANNEX X

FULL QUALITY ASSURANCE

This Annex describes the conformity assessment of machinery referred to in Annex IV, manufactured using a full quality assurance system, and the procedure whereby a notified body assesses and approves the quality system and monitors its application.

| 1. | The manufacturer must operate an approved quality system for design, manufacture, final inspection and testing, as specified in point 2, and shall be subject to the surveillance referred to in point 3. |
| --- | --- |

1.

The manufacturer must operate an approved quality system for design, manufacture, final inspection and testing, as specified in point 2, and shall be subject to the surveillance referred to in point 3.

| 2. | Quality system






  2.1. | The manufacturer or his authorised representative shall lodge an application for assessment of his quality system to a notified body of his choice.
  The application shall contain:






  — | the name and address of the manufacturer and, where appropriate, his authorised representative; |
| --- | --- | --- | --- |

2.

Quality system

2.1.

The manufacturer or his authorised representative shall lodge an application for assessment of his quality system to a notified body of his choice.

The application shall contain:

—

the name and address of the manufacturer and, where appropriate, his authorised representative;

| — | the places of design, manufacture, inspection, testing and storage of the machinery; |
| --- | --- |

—

the places of design, manufacture, inspection, testing and storage of the machinery;

| — | the technical file described in Annex VII, Part A, for one model of each category of machinery referred to in Annex IV which he intends to manufacture; |
| --- | --- |

—

the technical file described in Annex VII, Part A, for one model of each category of machinery referred to in Annex IV which he intends to manufacture;

| — | the documentation on the quality system; |
| --- | --- |

—

the documentation on the quality system;

| — | a written declaration that the application has not been submitted to another notified body. |
| --- | --- |

—

a written declaration that the application has not been submitted to another notified body.

| 2.2. | The quality system must ensure conformity of the machinery with the provisions of this Directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner, in the form of measures, procedures and written instructions. The documentation on the quality system must permit a uniform interpretation of the procedural and quality measures, such as quality programmes, plans, manuals and records.
  It must contain, in particular, an adequate description of:






  — | the quality objectives, the organisational structure, and the responsibilities and powers of the management with regard to the design and quality of the machinery; |
| --- | --- | --- |

2.2.

The quality system must ensure conformity of the machinery with the provisions of this Directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner, in the form of measures, procedures and written instructions. The documentation on the quality system must permit a uniform interpretation of the procedural and quality measures, such as quality programmes, plans, manuals and records.

It must contain, in particular, an adequate description of:

—

the quality objectives, the organisational structure, and the responsibilities and powers of the management with regard to the design and quality of the machinery;

| — | the technical design specifications, including standards that will be applied and, where the standards referred to in Article 7(2) are not applied in full, the means that will be used to ensure that the essential health and safety requirements of this Directive are fulfilled; |
| --- | --- |

—

the technical design specifications, including standards that will be applied and, where the standards referred to in Article 7(2) are not applied in full, the means that will be used to ensure that the essential health and safety requirements of this Directive are fulfilled;

| — | the design inspection and design verification techniques, processes and systematic actions that will be used when designing machinery covered by this Directive; |
| --- | --- |

—

the design inspection and design verification techniques, processes and systematic actions that will be used when designing machinery covered by this Directive;

| — | the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used; |
| --- | --- |

—

the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

| — | the inspections and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out; |
| --- | --- |

—

the inspections and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

| — | the quality records, such as inspection reports and test data, calibration data, and reports on the qualifications of the personnel concerned; |
| --- | --- |

—

the quality records, such as inspection reports and test data, calibration data, and reports on the qualifications of the personnel concerned;

| — | the means of monitoring the achievement of the required design and quality of the machinery, as well as the effective operation of the quality system. |
| --- | --- |

—

the means of monitoring the achievement of the required design and quality of the machinery, as well as the effective operation of the quality system.

| 2.3. | The notified body shall assess the quality system to determine whether it satisfies the requirements of point 2.2.
  The elements of the quality system which conform to the relevant harmonised standard shall be presumed to conform to the corresponding requirements referred to in point 2.2.
  The team of auditors must have at least one member who is experienced in the assessment of the technology of the machinery. The assessment procedure shall include an inspection to be carried out at the manufacturer's premises.
  During the assessment, the team of auditors shall carry out a review of the technical files referred to in point 2.1, second paragraph, third indent to ensure their compliance with the relevant health and safety requirements.


  The manufacturer or his authorised representative shall be notified of the decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision. An appeal procedure must be available. |
| --- | --- |

2.3.

The notified body shall assess the quality system to determine whether it satisfies the requirements of point 2.2.

The elements of the quality system which conform to the relevant harmonised standard shall be presumed to conform to the corresponding requirements referred to in point 2.2.

The team of auditors must have at least one member who is experienced in the assessment of the technology of the machinery. The assessment procedure shall include an inspection to be carried out at the manufacturer's premises.
  During the assessment, the team of auditors shall carry out a review of the technical files referred to in point 2.1, second paragraph, third indent to ensure their compliance with the relevant health and safety requirements.

The manufacturer or his authorised representative shall be notified of the decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision. An appeal procedure must be available.

| 2.4. | The manufacturer shall undertake to fulfil the obligations arising from the quality system as approved and to ensure that it remains appropriate and effective.
  The manufacturer or his authorised representative shall inform the notified body which approved the quality system of any planned change to it.
  The notified body shall evaluate the proposed changes and decide whether the modified quality assurance system will continue to satisfy the requirements referred to in point 2.2, or whether a re-assessment is necessary.
  It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision. |
| --- | --- |

2.4.

The manufacturer shall undertake to fulfil the obligations arising from the quality system as approved and to ensure that it remains appropriate and effective.

The manufacturer or his authorised representative shall inform the notified body which approved the quality system of any planned change to it.

The notified body shall evaluate the proposed changes and decide whether the modified quality assurance system will continue to satisfy the requirements referred to in point 2.2, or whether a re-assessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

| 3. | Surveillance under the responsibility of the notified body






  3.1. | The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. |
| --- | --- | --- |

3.

Surveillance under the responsibility of the notified body

3.1.

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

| 3.2. | The manufacturer shall, for inspection purposes, allow the notified body access to the places of design, manufacture, inspection, testing and storage, and shall provide it with all necessary information, such as:






  — | the documentation concerning the quality system; |
| --- | --- | --- |

3.2.

The manufacturer shall, for inspection purposes, allow the notified body access to the places of design, manufacture, inspection, testing and storage, and shall provide it with all necessary information, such as:

—

the documentation concerning the quality system;

| — | the quality records provided for in that part of the quality system concerned with design, such as the results of analyses, calculations, tests, etc.; |
| --- | --- |

—

the quality records provided for in that part of the quality system concerned with design, such as the results of analyses, calculations, tests, etc.;

| — | the quality records provided for in that part of the quality system concerned with manufacture, such s inspection reports nd test data, calibration data, reports on the qualifications of the personnel concerned, etc. |
| --- | --- |

—

the quality records provided for in that part of the quality system concerned with manufacture, such s inspection reports nd test data, calibration data, reports on the qualifications of the personnel concerned, etc.

| 3.3. | The notified body shall conduct periodic audits to make sure that the manufacturer is maintaining and applying the quality system; it shall provide the manufacturer with audit report. The frequency of the periodic audits shall be such that full reassessment is carried out every three years. |
| --- | --- |

3.3.

The notified body shall conduct periodic audits to make sure that the manufacturer is maintaining and applying the quality system; it shall provide the manufacturer with audit report. The frequency of the periodic audits shall be such that full reassessment is carried out every three years.

| 3.4. | Moreover, the notified body may pay the manufacturer unannounced visits. The need for these additional visits and their frequency will be determined on the basis of visit monitoring system managed by the notified body. In particular, the following factors will be taken into account in the visits monitoring system:






  — | the results of previous surveillance visits; |
| --- | --- | --- |

3.4.

Moreover, the notified body may pay the manufacturer unannounced visits. The need for these additional visits and their frequency will be determined on the basis of visit monitoring system managed by the notified body. In particular, the following factors will be taken into account in the visits monitoring system:

—

the results of previous surveillance visits;

| — | the need to monitor remedial measures; |
| --- | --- |

—

the need to monitor remedial measures;

| — | where appropriate, special conditions ttaching to approval of the system; |
| --- | --- |

—

where appropriate, special conditions ttaching to approval of the system;

| — | significant modifications in the organisation of the manufacturing process, measures or techniques. |
| --- | --- |

—

significant modifications in the organisation of the manufacturing process, measures or techniques.

On the occasion of such visits, the notified body may, if necessary, carry out tests or have them carried out in order to check the proper functioning of the quality system. It shall provide the manufacturer with visit report and, if test was carried out, with test report.

| 4. | The manufacturer or his uthorised representative shall keep vailable for the national uthorities, for period of ten years from the last date of manufacture:






  — | the documentation referred to in point 2.1; |
| --- | --- | --- |

4.

The manufacturer or his uthorised representative shall keep vailable for the national uthorities, for period of ten years from the last date of manufacture:

—

the documentation referred to in point 2.1;

| — | the decisions and reports of the notified body referred to in point 2.4, third and fourth subparagraphs, and in points 3.3 and 3.4. |
| --- | --- |

—

the decisions and reports of the notified body referred to in point 2.4, third and fourth subparagraphs, and in points 3.3 and 3.4.

ANNEX XI

MINIMUM CRITERIA TO BE TAKEN INTO CCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES

| 1. | The body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorised representative of any of these parties. They shall not become involved, either directly or as authorised representatives, in the design, construction, marketing or maintenance of the machines. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body. |
| --- | --- |

1.

The body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorised representative of any of these parties. They shall not become involved, either directly or as authorised representatives, in the design, construction, marketing or maintenance of the machines. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body.

| 2. | The body and its staff shall carry out the verification tests with the highest degree of professional integrity and technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their ajudgement or the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications. |
| --- | --- |

2.

The body and its staff shall carry out the verification tests with the highest degree of professional integrity and technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their ajudgement or the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications.

| 3. | For each category of machinery for which it is notified, the body must possess personnel with technical knowledge and sufficient and appropriate experience to perform conformity ssessment. It must have the means necessary to complete the technical and administrative tasks connected with implementation of the checks in an appropriate manner; it must also have access to the equipment necessary for the exceptional checks. |
| --- | --- |

3.

For each category of machinery for which it is notified, the body must possess personnel with technical knowledge and sufficient and appropriate experience to perform conformity ssessment. It must have the means necessary to complete the technical and administrative tasks connected with implementation of the checks in an appropriate manner; it must also have access to the equipment necessary for the exceptional checks.

| 4. | The staff responsible for inspection shall have:






  — | sound technical and vocational training, |
| --- | --- | --- |

4.

The staff responsible for inspection shall have:

—

sound technical and vocational training,

| — | satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests, |
| --- | --- |

—

satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,

| — | the ability to draw up the certificates, records and reports required to authenticate the performance of the tests. |
| --- | --- |

—

the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.

| 5. | The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number of tests carried out or on the results of such tests. |
| --- | --- |

5.

The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number of tests carried out or on the results of such tests.

| 6. | The body shall take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests. |
| --- | --- |

6.

The body shall take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests.

| 7. | The staff of the body shall be bound to observe professional secrecy with regard to all information obtained in carrying out its tasks (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive or any provision of national law giving effect to it. |
| --- | --- |

7.

The staff of the body shall be bound to observe professional secrecy with regard to all information obtained in carrying out its tasks (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive or any provision of national law giving effect to it.

| 8. | Notified bodies shall participate in coordination activities. They shall also take part directly or be represented in European astandardisation, or ensure that they know the situation in respect of relevant standards. |
| --- | --- |

8.

Notified bodies shall participate in coordination activities. They shall also take part directly or be represented in European astandardisation, or ensure that they know the situation in respect of relevant standards.

| 9. | Member States may take all necessary measures they regard as necessary in order to ensure that, in the event of cessation of the activities of notified body, the files of its customers are sent to another body or re made available to the Member State which has notified it. |
| --- | --- |

9.

Member States may take all necessary measures they regard as necessary in order to ensure that, in the event of cessation of the activities of notified body, the files of its customers are sent to another body or re made available to the Member State which has notified it.

ANNEX XII

CORRELATION TABLE

This table indicates the relation between parts of Directive 98/37/EC and the parts of this Directive that deal with the same subject. However, the content of the correlated parts is not necessarily identical.

| Directive 98/37/EC | This Directive |
| --- | --- |
| Article 1(1) | Article 1(1) |
| Article 1(2)(a) | Article 2(a) and (b) |
| Article 1(2)(b) | Article 2(c) |
| Article 1(3) | Article 1(2) |
| Article 1(4) | Article 3 |
| Article 1(5) | - |
| Article 2(1) | Article 4(1) |
| Article 2(2) | Article 15 |
| Article 2(3) | Article 6(3) |
| Article 3 | Article 5(1)(a) |
| Article 4(1) | Article 6(1) |
| Article 4(2), first subparagraph | Article 6(2) |
| Article 4(2), second subparagraph | - |
| Article 4(3) | - |
| Article 5(1), first subparagraph | Article 7(1) |
| Article 5(1), second subparagraph | - |
| Article 5(2), first subparagraph | Article 7(2) and (3) |
| Article 5(2), last subparagraph | - |
| Article 5(3) | Article 7(4) |
| Article 6(1) | Article 10 |
| Article 6(2) | Article 22 |
| Article 7(1) | Article 11(1) and (2) |
| Article 7(2) | Article 11(3) and (4) |
| Article 7(3) | Article 11(4) |
| Article 7(4) | Article 11(5) |
| Article 8(1), first subparagraph | Article 5(1)(e) andArticle 12(1) |
| Article 8(1), second subparagraph | Article 5(1)(f) |
| Article 8(2)(a) | Article 12(2) |
| Article 8(2)(b) | Article 12(4) |
| Article 8(2)(c) | Article 12(3) |
| Article 8(3) | - |
| Article 8(4) | - |
| Article 8(5) | - |
| Article 8(6) | Article 5(4) |
| Article 8(7) | - |
| Article 8(8) | - |
| Article 9(1), first subparagraph | Article 14(1) |
| Article 9(1), second subparagraph | Article 14(4) |
| Article 9(2) | Article 14(3) and (5) |
| Article 9(3) | Article 14(8) |
| Article 10(1 to 3) | Article 16(1) to (3) |
| Article 10(4) | Article 17 |
| Article 11 | Article 20 |
| Article 12 | Article 21 |
| Article 13(1) | Article 26(2) |
| Article 13(2) | - |
| Article 14 | - |
| Article 15 | Article 28 |
| Article 16 | Article 29 |
| Annex I — Preliminary observation 1 | nnex I — General Principles point 2 |
| Annex I — Preliminary observation 2 | Annex I — General Principles point 3 |
| Annex I — Preliminary observation 3 | Annex I — General Principles point 4 |
| Annex I, Part 1 | Annex I, Part 1 |
| Annex I, Section 1.1. | Annex I, Section 1.1. |
| Annex I, Section 1.1.1. | Annex I, Section 1.1.1. |
| Annex I, Section 1.1.2. | Annex I, Section 1.1.2. |
| Annex I, Section 1.1.2(d) | Annex I, Section 1.1.6. |
| Annex I, Section 1.1.3. | Annex I, Section 1.1.3. |
| Annex I, Section 1.1.4. | Annex I, Section 1.1.4. |
| Annex I, Section 1.1.5. | Annex I, Section 1.1.5. |
| Annex I, Section 1.2. | Annex I, Section 1.2. |
| Annex I, Section 1.2.1. | Annex I, Section 1.2.1. |
| Annex I, Section 1.2.2. | Annex I, Section 1.2.2. |
| Annex I, Section 1.2.3. | Annex I, Section 1.2.3. |
| Annex I, Section 1.2.4. | Annex I, Section 1.2.4. |
| Annex I, Section 1.2.4, paragraphs 1 to 3 | Annex I, Section 1.2.4.1. |
| Annex I, Section 1.2.4, paragraphs 4 to 6 | Annex I, Section 1.2.4.3. |
| Annex I, Section 1.2.4, paragraph 7 | Annex I, Section 1.2.4.4. |
| Annex I, Section 1.2.5. | Annex I, Section 1.2.5. |
| Annex I, Section 1.2.6. | Annex I, Section 1.2.6. |
| Annex I, Section 1.2.7. | Annex I, Section 1.2.1. |
| Annex I, Section 1.2.8. | Annex I, Section 1.1.6. |
| Annex I, Section 1.3. | Annex I, Section 1.3. |
| Annex I, Section 1.3.1. | Annex I, Section 1.3.1. |
| Annex I, Section 1.3.2. | Annex I, Section 1.3.2. |
| Annex I, Section 1.3.3. | Annex I, Section 1.3.3. |
| Annex I, Section 1.3.4. | Annex I, Section 1.3.4. |
| Annex I, Section 1.3.5. | Annex I, Section 1.3.5. |
| Annex I, Section 1.3.6. | Annex I, Section 1.3.6. |
| Annex I, Section 1.3.7. | Annex I, Section 1.3.7. |
| Annex I, Section 1.3.8 | Annex I, Section 1.3.8. |
| Annex I, Section 1.3.8A | Annex I, Section 1.3.8.1. |
| Annex I, Section 1.3.8B | Annex I, Section 1.3.8.2. |
| Annex I, Section 1.4. | Annex I, Section 1.4. |
| Annex I, Section 1.4.1. | Annex I, Section 1.4.1. |
| Annex I, Section 1.4.2. | Annex I, Section 1.4.2. |
| Annex I, Section 1.4.2.1. | Annex I, Section 1.4.2.1. |
| Annex I, Section 1.4.2.2. | Annex I, Section 1.4.2.2. |
| Annex I, Section 1.4.2.3. | Annex I, Section 1.4.2.3. |
| Annex I, Section 1.4.3. | Annex I, Section 1.4.3. |
| Annex I, Section 1.5. | Annex I, Section 1.5. |
| Annex I, Section 1.5.1. | Annex I, Section 1.5.1. |
| Annex I, Section 1.5.2. | Annex I, Section 1.5.2. |
| Annex I, Section 1.5.3. | Annex I, Section 1.5.3. |
| Annex I, Section 1.5.4. | Annex I, Section 1.5.4. |
| Annex I, Section 1.5.5. | Annex I, Section 1.5.5. |
| Annex I, Section 1.5.6. | Annex I, Section 1.5.6. |
| Annex I, Section 1.5.7. | Annex I, Section 1.5.7. |
| Annex I, Section 1.5.8. | Annex I, Section 1.5.8. |
| Annex I, Section 1.5.9. | Annex I, Section 1.5.9. |
| Annex I, Section 1.5.10. | Annex I, Section 1.5.10. |
| Annex I, Section 1.5.11. | Annex I, Section 1.5.11. |
| Annex I, Section 1.5.12. | Annex I, Section 1.5.12. |
| Annex I, Section 1.5.13. | Annex I, Section 1.5.13. |
| Annex I, Section 1.5.14. | Annex I, Section 1.5.14. |
| Annex I, Section 1.5.15. | Annex I, Section 1.5.15. |
| Annex I, Section 1.6. | Annex I, Section 1.6. |
| Annex I, Section 1.6.1. | Annex I, Section 1.6.1. |
| Annex I, Section 1.6.2. | Annex I, Section 1.6.2. |
| Annex I, Section 1.6.3. | Annex I, Section 1.6.3. |
| Annex I, Section 1.6.4. | Annex I, Section 1.6.4. |
| Annex I, Section 1.6.5. | Annex I, Section 1.6.5. |
| Annex I, Section 1.7. | Annex I, Section 1.7. |
| Annex I, Section 1.7.0. | Annex I, Section 1.7.1.1. |
| Annex I, Section 1.7.1. | Annex I, Section 1.7.1.2. |
| Annex I, Section 1.7.2. | Annex I, Section 1.7.2. |
| Annex I, Section 1.7.3. | Annex I, Section 1.7.3. |
| Annex I, Section 1.7.4. | Annex I, Section 1.7.4. |
| Annex I, Section 1.7.4.(b) and (h) | Annex I, Section 1.7.4.1. |
| Annex I, Section 1.7.4.(a) and (c) and (e) to (g) | Annex I, Section 1.7.4.2. |
| Annex I, Section 1.7.4.(d) | Annex I, Section 1.7.4.3. |
| Annex I, Part 2 | Annex I, Part 2 |
| Annex I, Section 2.1. | Annex I, Section 2.1. |
| Annex I, Section 2.1, paragraph 1 | Annex I, Section 2.1.1. |
| Annex I, Section 2.1, paragraph 2 | Annex I, Section 2.1.2. |
| Annex I, Section 2.2. | Annex I, Section 2.2. |
| Annex I, Section 2.2, paragraph 1 | Annex I, Section 2.2.1. |
| Annex I, Section 2.2, paragraph 2 | Annex I, Section 2.2.1.1. |
| Annex I, Section 2.3. | Annex I, Section 2.3. |
| Annex I, Part 3 | Annex I, Part 3 |
| Annex I, Section 3.1. | Annex I, Section 3.1. |
| Annex I, Section 3.1.1. | Annex I, Section 3.1.1. |
| Annex I, Section 3.1.2. | Annex I, Section 1.1.4. |
| Annex I, Section 3.1.3. | Annex I, Section 1.1.5. |
| Annex I, Section 3.2. | Annex I, Section 3.2. |
| Annex I, Section 3.2.1. | Annex I, Section 1.1.7. and 3.2.1. |
| Annex I, Section 3.2.2. | Annex I, Sections 1.1.8. and 3.2.2. |
| Annex I, Section 3.2.3. | Annex I, Section 3.2.3. |
| Annex I, Section 3.3. | Annex I, Section 3.3. |
| Annex I, Section 3.3.1. | Annex I, Section 3.3.1. |
| Annex I, Section 3.3.2. | Annex I, Section 3.3.2. |
| Annex I, Section 3.3.3. | Annex I, Section 3.3.3. |
| Annex I, Section 3.3.4. | Annex I, Section 3.3.4. |
| Annex I, Section 3.3.5. | Annex I, Section 3.3.5. |
| Annex I, Section 3.4. | Annex I, Section 3.4. |
| Annex I, Section 3.4.1, paragraph 1 | Annex I, Section 1.3.9. |
| Annex I, Section 3.4.1, paragraph 2 | Annex I, Section 3.4.1. |
| Annex I, Section 3.4.2. | Annex I, Section 1.3.2. |
| Annex I, Section 3.4.3. | Annex I, Section 3.4.3. |
| Annex I, Section 3.4.4. | Annex I, Section 3.4.4. |
| Annex I, Section 3.4.5. | Annex I, Section 3.4.5. |
| Annex I, Section 3.4.6. | Annex I, Section 3.4.6. |
| Annex I, Section 3.4.7. | Annex I, Section 3.4.7. |
| Annex I, Section 3.4.8. | Annex I, Section 3.4.2. |
| Annex I, Section 3.5. | Annex I, Section 3.5. |
| Annex I, Section 3.5.1. | Annex I, Section 3.5.1. |
| Annex I, Section 3.5.2. | Annex I, Section 3.5.2. |
| Annex I, Section 3.5.3. | Annex I, Section 3.5.3. |
| Annex I, Section 3.6. | Annex I, Section 3.6. |
| Annex I, Section 3.6.1. | Annex I, Section 3.6.1. |
| Annex I, Section 3.6.2. | Annex I, Section 3.6.2. |
| Annex I, Section 3.6.3. | Annex I, Section 3.6.3. |
| Annex I, Section 3.6.3(a) | Annex I, Section 3.6.3.1. |
| Annex I, Section 3.6.3(b) | Annex I, Section 3.6.3.2. |
| Annex I, Part 4 | Annex I, Part 4 |
| Annex I, Section 4.1. | Annex I, Section 4.1. |
| Annex I, Section 4.1.1. | Annex I, Section 4.1.1. |
| Annex I, Section 4.1.2. | Annex I, Section 4.1.2. |
| Annex I, Section 4.1.2.1. | Annex I, Section 4.1.2.1. |
| Annex I, Section 4.1.2.2. | Annex I, Section 4.1.2.2. |
| Annex I, Section 4.1.2.3. | Annex I, Section 4.1.2.3. |
| Annex I, Section 4.1.2.4. | Annex I, Section 4.1.2.4. |
| Annex I, Section 4.1.2.5. | Annex I, Section 4.1.2.5. |
| Annex I, Section 4.1.2.6. | Annex I, Section 4.1.2.6. |
| Annex I, Section 4.1.2.7. | Annex I, Section 4.1.2.7. |
| Annex I, Section 4.1.2.8. | Annex I, Section 1.5.16. |
| Annex I, Section 4.2. | Annex I, Section 4.2. |
| Annex I, Section 4.2.1. | - |
| Annex I, Section 4.2.1.1. | Annex I, Section 1.1.7. |
| Annex I, Section 4.2.1.2. | Annex I, Section 1.1.8. |
| Annex I, Section 4.2.1.3. | Annex I, Section 4.2.1. |
| Annex I, Section 4.2.1.4. | Annex I, Section 4.2.2. |
| Annex I, Section 4.2.2. | Annex I, Section 4.2.3. |
| Annex I, Section 4.2.3. | Annex I, Sections 4.1.2.7. and 4.1.2.8.2. |
| Annex I, Section 4.2.4. | Annex I, Section 4.1.3. |
| Annex I, Section 4.3. | Annex I, Section 4.3. |
| Annex I, Section 4.3.1. | Annex I, Section 4.3.1. |
| Annex I, Section 4.3.2. | Annex I, Section 4.3.2. |
| Annex I, Section 4.3.3. | Annex I, Section 4.3.3. |
| Annex I, Section 4.4. | Annex I, Section 4.4. |
| Annex I, Section 4.4.1. | Annex I, Section 4.4.1. |
| Annex I, Section 4.4.2. | Annex I, Section 4.4.2. |
| Annex I, Part 5 | Annex I, Part 5 |
| Annex I, Section 5.1. | Annex I, Section 5.1. |
| Annex I, Section 5.2. | Annex I, Section 5.2. |
| Annex I, Section 5.3. | - |
| Annex I, Section 5.4. | Annex I, Section 5.3. |
| Annex I, Section 5.5. | Annex I, Section 5.4. |
| Annex I, Section 5.6. | Annex I, Section 5.5. |
| Annex I, Section 5.7. | Annex I, Section 5.6. |
| Annex I, Part 6 | Annex I, Part 6 |
| Annex I, Section 6.1. | Annex I, Section 6.1. |
| Annex I, Section 6.1.1. | Annex I, Section 4.1.1(g) |
| Annex I, Section 6.1.2. | Annex I, Section 6.1.1. |
| Annex I, Section 6.1.3. | Annex I, Section 6.1.2. |
| Annex I, Section 6.2. | Annex I, Section 6.2. |
| Annex I, Section 6.2.1. | Annex I, Section 6.2. |
| Annex I, Section 6.2.2. | Annex I, Section 6.2. |
| Annex I, Section 6.2.3. | Annex I, Section 6.3.1. |
| Annex I, Section 6.3. | Annex I, Section 6.3.2. |
| Annex I, Section 6.3.1. | Annex I, Section 6.3.2, paragraph 3 |
| Annex I, Section 6.3.2. | Annex I, Section 6.3.2, paragraph 4 |
| Annex I, Section 6.3.3. | Annex I, Section 6.3.2, paragraph 1 |
| Annex I, Section 6.4.1. | Annex I, Sections 4.1.2.1, 4.1.2.3 and 6.1.1. |
| Annex I, Section 6.4.2. | Annex I, Section 6.3.1. |
| Annex I, Section 6.5. | Annex I, Section 6.5. |
| Annex II, Parts A And B | Annex II, Section |
| Annex II, Part C | - |
| Annex III | Annex III |
| Annex IV.A.1 (1.1 to 1.4) | Annex IV.1 (1.1 to 1.4) |
| Annex IV.A.2 | Annex IV.2 |
| Annex IV.A.3 | Annex IV.3 |
| Annex IV.A.4 | Annex IV.4 (4.1 and 4.2) |
| Annex IV.A.5 | Annex IV.5 |
| Annex IV.A.6 | Annex IV.6 |
| Annex IV.A.7 | Annex IV.7 |
| Annex IV.A.8 | Annex IV.8 |
| Annex IV.A.9 | Annex IV.9 |
| Annex IV.A.10 | Annex IV.10 |
| Annex IV.A.11 | Annex IV.11 |
| Annex IV.A.12 (first and second indent) | Annex IV.12 (12.1 and 12.2) |
| Annex IV.A.12 (third indent) | - |
| Annex IV.A.13 | Annex IV.13 |
| Annex IV.A.14, first part | Annex IV.15 |
| Annex IV.A.14, second part | Annex IV.14 |
| Annex IV.A.15 | Annex IV.16 |
| Annex IV.A.16 | Annex IV.17 |
| Annex IV.A.17 | - |
| Annex IV.B.1 | Annex IV.19 |
| Annex IV.B.2 | Annex IV.21 |
| Annex IV.B.3 | Annex IV.20 |
| Annex IV.B.4 | Annex IV.22 |
| Annex IV.B.5 | Annex IV.23 |
| Annex V, Section 1 | - |
| Annex V, Section 2 | - |
| Annex V, Section 3, first subparagraph, point (a) | Annex VII, PartA, Section 1, first subparagraph, point (a) |
| Annex V, Section 3, first subparagraph, point (b) | Annex VII, Part A, Section 1, first subparagraph, point (b) |
| Annex V, Section 3, second subparagraph | Annex VII, Part A, Section 1, second subparagraph |
| Annex V, Section 3, third subparagraph | Annex VII, Part A, Section 3 |
| Annex V, Section 4(a) | Annex VII, Part A, Section 2, second And third subparagraphs |
| Annex V, Section 4(b) | Annex VII, Part A, Section 2, first subparagraph |
| Annex V, Section 4(c) | Annex VII, Part A, Introduction |
| Annex VI, Section 1 | Annex IX, Introduction |
| Annex VI, Section 2 | Annex IX, Sections 1 and 2 |
| Annex VI, Section 3 | Annex IX, Section 3 |
| Annex VI, Section 4, first subparagraph | Annex IX, Section 4, first subparagraph |
| Annex VI, Section 4, second subparagraph | Annex IX, Section 7 |
| Annex VI, Section 5 | Annex IX, Section 6 |
| Annex VI, Section 6, first sentence | Annex IX, Section 5 |
| Annex VI, Section 6, second and third sentences | Article 14(6) |
| Annex VI, Section 7 | Annex IX, Section 8 |
| Annex VII, Section 1 | Annex XI, Section 1 |
| Annex VII, Section 2 | Annex XI, Section 2 |
| Annex VII, Section 3 | Annex XI, Section 3 |
| Annex VII, Section 4 | Annex XI, Section 4 |
| Annex VII, Section 5 | Annex XI, Section 5 |
| Annex VII, Section 6 | Annex XI, Section 6 |
| Annex VII, Section 7 | Annex XI, Section 7 |
| Annex VIII | - |
| Annex IX | - |

Directive 98/37/EC

This Directive

Article 1(1)

Article 1(1)

Article 1(2)(a)

Article 2(a) and (b)

Article 1(2)(b)

Article 2(c)

Article 1(3)

Article 1(2)

Article 1(4)

Article 3

Article 1(5)

-

Article 2(1)

Article 4(1)

Article 2(2)

Article 15

Article 2(3)

Article 6(3)

Article 3

Article 5(1)(a)

Article 4(1)

Article 6(1)

Article 4(2), first subparagraph

Article 6(2)

Article 4(2), second subparagraph

-

Article 4(3)

-

Article 5(1), first subparagraph

Article 7(1)

Article 5(1), second subparagraph

-

Article 5(2), first subparagraph

Article 7(2) and (3)

Article 5(2), last subparagraph

-

Article 5(3)

Article 7(4)

Article 6(1)

Article 10

Article 6(2)

Article 22

Article 7(1)

Article 11(1) and (2)

Article 7(2)

Article 11(3) and (4)

Article 7(3)

Article 11(4)

Article 7(4)

Article 11(5)

Article 8(1), first subparagraph

Article 5(1)(e) andArticle 12(1)

Article 8(1), second subparagraph

Article 5(1)(f)

Article 8(2)(a)

Article 12(2)

Article 8(2)(b)

Article 12(4)

Article 8(2)(c)

Article 12(3)

Article 8(3)

-

Article 8(4)

-

Article 8(5)

-

Article 8(6)

Article 5(4)

Article 8(7)

-

Article 8(8)

-

Article 9(1), first subparagraph

Article 14(1)

Article 9(1), second subparagraph

Article 14(4)

Article 9(2)

Article 14(3) and (5)

Article 9(3)

Article 14(8)

Article 10(1 to 3)

Article 16(1) to (3)

Article 10(4)

Article 17

Article 11

Article 20

Article 12

Article 21

Article 13(1)

Article 26(2)

Article 13(2)

-

Article 14

-

Article 15

Article 28

Article 16

Article 29

Annex I — Preliminary observation 1

nnex I — General Principles point 2

Annex I — Preliminary observation 2

Annex I — General Principles point 3

Annex I — Preliminary observation 3

Annex I — General Principles point 4

Annex I, Part 1

Annex I, Part 1

Annex I, Section 1.1.

Annex I, Section 1.1.

Annex I, Section 1.1.1.

Annex I, Section 1.1.1.

Annex I, Section 1.1.2.

Annex I, Section 1.1.2.

Annex I, Section 1.1.2(d)

Annex I, Section 1.1.6.

Annex I, Section 1.1.3.

Annex I, Section 1.1.3.

Annex I, Section 1.1.4.

Annex I, Section 1.1.4.

Annex I, Section 1.1.5.

Annex I, Section 1.1.5.

Annex I, Section 1.2.

Annex I, Section 1.2.

Annex I, Section 1.2.1.

Annex I, Section 1.2.1.

Annex I, Section 1.2.2.

Annex I, Section 1.2.2.

Annex I, Section 1.2.3.

Annex I, Section 1.2.3.

Annex I, Section 1.2.4.

Annex I, Section 1.2.4.

Annex I, Section 1.2.4, paragraphs 1 to 3

Annex I, Section 1.2.4.1.

Annex I, Section 1.2.4, paragraphs 4 to 6

Annex I, Section 1.2.4.3.

Annex I, Section 1.2.4, paragraph 7

Annex I, Section 1.2.4.4.

Annex I, Section 1.2.5.

Annex I, Section 1.2.5.

Annex I, Section 1.2.6.

Annex I, Section 1.2.6.

Annex I, Section 1.2.7.

Annex I, Section 1.2.1.

Annex I, Section 1.2.8.

Annex I, Section 1.1.6.

Annex I, Section 1.3.

Annex I, Section 1.3.

Annex I, Section 1.3.1.

Annex I, Section 1.3.1.

Annex I, Section 1.3.2.

Annex I, Section 1.3.2.

Annex I, Section 1.3.3.

Annex I, Section 1.3.3.

Annex I, Section 1.3.4.

Annex I, Section 1.3.4.

Annex I, Section 1.3.5.

Annex I, Section 1.3.5.

Annex I, Section 1.3.6.

Annex I, Section 1.3.6.

Annex I, Section 1.3.7.

Annex I, Section 1.3.7.

Annex I, Section 1.3.8

Annex I, Section 1.3.8.

Annex I, Section 1.3.8A

Annex I, Section 1.3.8.1.

Annex I, Section 1.3.8B

Annex I, Section 1.3.8.2.

Annex I, Section 1.4.

Annex I, Section 1.4.

Annex I, Section 1.4.1.

Annex I, Section 1.4.1.

Annex I, Section 1.4.2.

Annex I, Section 1.4.2.

Annex I, Section 1.4.2.1.

Annex I, Section 1.4.2.1.

Annex I, Section 1.4.2.2.

Annex I, Section 1.4.2.2.

Annex I, Section 1.4.2.3.

Annex I, Section 1.4.2.3.

Annex I, Section 1.4.3.

Annex I, Section 1.4.3.

Annex I, Section 1.5.

Annex I, Section 1.5.

Annex I, Section 1.5.1.

Annex I, Section 1.5.1.

Annex I, Section 1.5.2.

Annex I, Section 1.5.2.

Annex I, Section 1.5.3.

Annex I, Section 1.5.3.

Annex I, Section 1.5.4.

Annex I, Section 1.5.4.

Annex I, Section 1.5.5.

Annex I, Section 1.5.5.

Annex I, Section 1.5.6.

Annex I, Section 1.5.6.

Annex I, Section 1.5.7.

Annex I, Section 1.5.7.

Annex I, Section 1.5.8.

Annex I, Section 1.5.8.

Annex I, Section 1.5.9.

Annex I, Section 1.5.9.

Annex I, Section 1.5.10.

Annex I, Section 1.5.10.

Annex I, Section 1.5.11.

Annex I, Section 1.5.11.

Annex I, Section 1.5.12.

Annex I, Section 1.5.12.

Annex I, Section 1.5.13.

Annex I, Section 1.5.13.

Annex I, Section 1.5.14.

Annex I, Section 1.5.14.

Annex I, Section 1.5.15.

Annex I, Section 1.5.15.

Annex I, Section 1.6.

Annex I, Section 1.6.

Annex I, Section 1.6.1.

Annex I, Section 1.6.1.

Annex I, Section 1.6.2.

Annex I, Section 1.6.2.

Annex I, Section 1.6.3.

Annex I, Section 1.6.3.

Annex I, Section 1.6.4.

Annex I, Section 1.6.4.

Annex I, Section 1.6.5.

Annex I, Section 1.6.5.

Annex I, Section 1.7.

Annex I, Section 1.7.

Annex I, Section 1.7.0.

Annex I, Section 1.7.1.1.

Annex I, Section 1.7.1.

Annex I, Section 1.7.1.2.

Annex I, Section 1.7.2.

Annex I, Section 1.7.2.

Annex I, Section 1.7.3.

Annex I, Section 1.7.3.

Annex I, Section 1.7.4.

Annex I, Section 1.7.4.

Annex I, Section 1.7.4.(b) and (h)

Annex I, Section 1.7.4.1.

Annex I, Section 1.7.4.(a) and (c) and (e) to (g)

Annex I, Section 1.7.4.2.

Annex I, Section 1.7.4.(d)

Annex I, Section 1.7.4.3.

Annex I, Part 2

Annex I, Part 2

Annex I, Section 2.1.

Annex I, Section 2.1.

Annex I, Section 2.1, paragraph 1

Annex I, Section 2.1.1.

Annex I, Section 2.1, paragraph 2

Annex I, Section 2.1.2.

Annex I, Section 2.2.

Annex I, Section 2.2.

Annex I, Section 2.2, paragraph 1

Annex I, Section 2.2.1.

Annex I, Section 2.2, paragraph 2

Annex I, Section 2.2.1.1.

Annex I, Section 2.3.

Annex I, Section 2.3.

Annex I, Part 3

Annex I, Part 3

Annex I, Section 3.1.

Annex I, Section 3.1.

Annex I, Section 3.1.1.

Annex I, Section 3.1.1.

Annex I, Section 3.1.2.

Annex I, Section 1.1.4.

Annex I, Section 3.1.3.

Annex I, Section 1.1.5.

Annex I, Section 3.2.

Annex I, Section 3.2.

Annex I, Section 3.2.1.

Annex I, Section 1.1.7. and 3.2.1.

Annex I, Section 3.2.2.

Annex I, Sections 1.1.8. and 3.2.2.

Annex I, Section 3.2.3.

Annex I, Section 3.2.3.

Annex I, Section 3.3.

Annex I, Section 3.3.

Annex I, Section 3.3.1.

Annex I, Section 3.3.1.

Annex I, Section 3.3.2.

Annex I, Section 3.3.2.

Annex I, Section 3.3.3.

Annex I, Section 3.3.3.

Annex I, Section 3.3.4.

Annex I, Section 3.3.4.

Annex I, Section 3.3.5.

Annex I, Section 3.3.5.

Annex I, Section 3.4.

Annex I, Section 3.4.

Annex I, Section 3.4.1, paragraph 1

Annex I, Section 1.3.9.

Annex I, Section 3.4.1, paragraph 2

Annex I, Section 3.4.1.

Annex I, Section 3.4.2.

Annex I, Section 1.3.2.

Annex I, Section 3.4.3.

Annex I, Section 3.4.3.

Annex I, Section 3.4.4.

Annex I, Section 3.4.4.

Annex I, Section 3.4.5.

Annex I, Section 3.4.5.

Annex I, Section 3.4.6.

Annex I, Section 3.4.6.

Annex I, Section 3.4.7.

Annex I, Section 3.4.7.

Annex I, Section 3.4.8.

Annex I, Section 3.4.2.

Annex I, Section 3.5.

Annex I, Section 3.5.

Annex I, Section 3.5.1.

Annex I, Section 3.5.1.

Annex I, Section 3.5.2.

Annex I, Section 3.5.2.

Annex I, Section 3.5.3.

Annex I, Section 3.5.3.

Annex I, Section 3.6.

Annex I, Section 3.6.

Annex I, Section 3.6.1.

Annex I, Section 3.6.1.

Annex I, Section 3.6.2.

Annex I, Section 3.6.2.

Annex I, Section 3.6.3.

Annex I, Section 3.6.3.

Annex I, Section 3.6.3(a)

Annex I, Section 3.6.3.1.

Annex I, Section 3.6.3(b)

Annex I, Section 3.6.3.2.

Annex I, Part 4

Annex I, Part 4

Annex I, Section 4.1.

Annex I, Section 4.1.

Annex I, Section 4.1.1.

Annex I, Section 4.1.1.

Annex I, Section 4.1.2.

Annex I, Section 4.1.2.

Annex I, Section 4.1.2.1.

Annex I, Section 4.1.2.1.

Annex I, Section 4.1.2.2.

Annex I, Section 4.1.2.2.

Annex I, Section 4.1.2.3.

Annex I, Section 4.1.2.3.

Annex I, Section 4.1.2.4.

Annex I, Section 4.1.2.4.

Annex I, Section 4.1.2.5.

Annex I, Section 4.1.2.5.

Annex I, Section 4.1.2.6.

Annex I, Section 4.1.2.6.

Annex I, Section 4.1.2.7.

Annex I, Section 4.1.2.7.

Annex I, Section 4.1.2.8.

Annex I, Section 1.5.16.

Annex I, Section 4.2.

Annex I, Section 4.2.

Annex I, Section 4.2.1.

-

Annex I, Section 4.2.1.1.

Annex I, Section 1.1.7.

Annex I, Section 4.2.1.2.

Annex I, Section 1.1.8.

Annex I, Section 4.2.1.3.

Annex I, Section 4.2.1.

Annex I, Section 4.2.1.4.

Annex I, Section 4.2.2.

Annex I, Section 4.2.2.

Annex I, Section 4.2.3.

Annex I, Section 4.2.3.

Annex I, Sections 4.1.2.7. and 4.1.2.8.2.

Annex I, Section 4.2.4.

Annex I, Section 4.1.3.

Annex I, Section 4.3.

Annex I, Section 4.3.

Annex I, Section 4.3.1.

Annex I, Section 4.3.1.

Annex I, Section 4.3.2.

Annex I, Section 4.3.2.

Annex I, Section 4.3.3.

Annex I, Section 4.3.3.

Annex I, Section 4.4.

Annex I, Section 4.4.

Annex I, Section 4.4.1.

Annex I, Section 4.4.1.

Annex I, Section 4.4.2.

Annex I, Section 4.4.2.

Annex I, Part 5

Annex I, Part 5

Annex I, Section 5.1.

Annex I, Section 5.1.

Annex I, Section 5.2.

Annex I, Section 5.2.

Annex I, Section 5.3.

-

Annex I, Section 5.4.

Annex I, Section 5.3.

Annex I, Section 5.5.

Annex I, Section 5.4.

Annex I, Section 5.6.

Annex I, Section 5.5.

Annex I, Section 5.7.

Annex I, Section 5.6.

Annex I, Part 6

Annex I, Part 6

Annex I, Section 6.1.

Annex I, Section 6.1.

Annex I, Section 6.1.1.

Annex I, Section 4.1.1(g)

Annex I, Section 6.1.2.

Annex I, Section 6.1.1.

Annex I, Section 6.1.3.

Annex I, Section 6.1.2.

Annex I, Section 6.2.

Annex I, Section 6.2.

Annex I, Section 6.2.1.

Annex I, Section 6.2.

Annex I, Section 6.2.2.

Annex I, Section 6.2.

Annex I, Section 6.2.3.

Annex I, Section 6.3.1.

Annex I, Section 6.3.

Annex I, Section 6.3.2.

Annex I, Section 6.3.1.

Annex I, Section 6.3.2, paragraph 3

Annex I, Section 6.3.2.

Annex I, Section 6.3.2, paragraph 4

Annex I, Section 6.3.3.

Annex I, Section 6.3.2, paragraph 1

Annex I, Section 6.4.1.

Annex I, Sections 4.1.2.1, 4.1.2.3 and 6.1.1.

Annex I, Section 6.4.2.

Annex I, Section 6.3.1.

Annex I, Section 6.5.

Annex I, Section 6.5.

Annex II, Parts A And B

Annex II, Section

Annex II, Part C

-

Annex III

Annex III

Annex IV.A.1 (1.1 to 1.4)

Annex IV.1 (1.1 to 1.4)

Annex IV.A.2

Annex IV.2

Annex IV.A.3

Annex IV.3

Annex IV.A.4

Annex IV.4 (4.1 and 4.2)

Annex IV.A.5

Annex IV.5

Annex IV.A.6

Annex IV.6

Annex IV.A.7

Annex IV.7

Annex IV.A.8

Annex IV.8

Annex IV.A.9

Annex IV.9

Annex IV.A.10

Annex IV.10

Annex IV.A.11

Annex IV.11

Annex IV.A.12 (first and second indent)

Annex IV.12 (12.1 and 12.2)

Annex IV.A.12 (third indent)

-

Annex IV.A.13

Annex IV.13

Annex IV.A.14, first part

Annex IV.15

Annex IV.A.14, second part

Annex IV.14

Annex IV.A.15

Annex IV.16

Annex IV.A.16

Annex IV.17

Annex IV.A.17

-

Annex IV.B.1

Annex IV.19

Annex IV.B.2

Annex IV.21

Annex IV.B.3

Annex IV.20

Annex IV.B.4

Annex IV.22

Annex IV.B.5

Annex IV.23

Annex V, Section 1

-

Annex V, Section 2

-

Annex V, Section 3, first subparagraph, point (a)

Annex VII, PartA, Section 1, first subparagraph, point (a)

Annex V, Section 3, first subparagraph, point (b)

Annex VII, Part A, Section 1, first subparagraph, point (b)

Annex V, Section 3, second subparagraph

Annex VII, Part A, Section 1, second subparagraph

Annex V, Section 3, third subparagraph

Annex VII, Part A, Section 3

Annex V, Section 4(a)

Annex VII, Part A, Section 2, second And third subparagraphs

Annex V, Section 4(b)

Annex VII, Part A, Section 2, first subparagraph

Annex V, Section 4(c)

Annex VII, Part A, Introduction

Annex VI, Section 1

Annex IX, Introduction

Annex VI, Section 2

Annex IX, Sections 1 and 2

Annex VI, Section 3

Annex IX, Section 3

Annex VI, Section 4, first subparagraph

Annex IX, Section 4, first subparagraph

Annex VI, Section 4, second subparagraph

Annex IX, Section 7

Annex VI, Section 5

Annex IX, Section 6

Annex VI, Section 6, first sentence

Annex IX, Section 5

Annex VI, Section 6, second and third sentences

Article 14(6)

Annex VI, Section 7

Annex IX, Section 8

Annex VII, Section 1

Annex XI, Section 1

Annex VII, Section 2

Annex XI, Section 2

Annex VII, Section 3

Annex XI, Section 3

Annex VII, Section 4

Annex XI, Section 4

Annex VII, Section 5

Annex XI, Section 5

Annex VII, Section 6

Annex XI, Section 6

Annex VII, Section 7

Annex XI, Section 7

Annex VIII

-

Annex IX

-

P6_TA(2005)0518

Annual And consolidated Accounts ***I

European Parliament legislative resolution on the proposal for A directive of the European Parliament and of the Council Amending Council Directives 78/660/EEC And 83/349/EEC concerning the annual Accounts of certain types of companies And consolidated Accounts (COM(2004)0725 — C6-0164/2004 — 2004/0250(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0725) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0725) (1),

| — | having regard to article 251(2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0164/2004), |
| --- | --- |

—

having regard to article 251(2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0164/2004),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic And Monetary Affairs (A6-0384/2005), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic And Monetary Affairs (A6-0384/2005),

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

1.

Approves the Commission proposal As Amended;

| 2. | Calls on the Commission to refer the matter to Parliament Again if it intends to Amend the proposal substantially or replace it with Another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament Again if it intends to Amend the proposal substantially or replace it with Another text;

| 3. | 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_TC1-COD(2004)0250

Position of the European Parliament Adopted At first reading on 15 December 2005 with A view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council Amending Council Directives 78/660/EEC and 83/349/EEC concerning the Annual Accounts of certain types of companies and consolidated accounts, Council Directive 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and Council Directive 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular article 44(1) thereof,

Having regard to the proposal from the Commission,

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

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

Whereas:

| (1) | On 21 May 2003, the CommissionAdopted an action Plan announcing measures to modernise company law and enhance corporate governance in the Community.As a short-term priority, the Communitywas to confirm the collective responsibility of board members, increase transparency in transactions with related parties and off-balance-sheet rrangements and improve disclosure about corporate governance practices applied in a company. |
| --- | --- |

(1)

On 21 May 2003, the CommissionAdopted an action Plan announcing measures to modernise company law and enhance corporate governance in the Community.As a short-term priority, the Communitywas to confirm the collective responsibility of board members, increase transparency in transactions with related parties and off-balance-sheet rrangements and improve disclosure about corporate governance practices applied in a company.

| (2) | Pursuant to that action Plan, members of the administrative, management and supervisory bodies of a company were, as a minimum requirement, to be collectively responsible vis-à-vis the company for drawing up and publishing annual accounts and annual reports. The same approach was also to apply to members of the administrative, management and supervisory bodies of undertakings drawing up consolidated accounts.
  Those bodies act within the competences assigned to them by national law.
  On the one hand, this would not prevent Member States from going further and providing for direct responsibility vis-à-vis shareholders or even other stakeholders. On the other hand, Member States were to refrain from opting for a system of responsibility limited to individual board members. However, this should not preclude the ability of courts or other enforcement bodies in the Member States to impose sanctions on an individual board member. |
| --- | --- |

(2)

Pursuant to that action Plan, members of the administrative, management and supervisory bodies of a company were, as a minimum requirement, to be collectively responsible vis-à-vis the company for drawing up and publishing annual accounts and annual reports. The same approach was also to apply to members of the administrative, management and supervisory bodies of undertakings drawing up consolidated accounts.
  Those bodies act within the competences assigned to them by national law.
  On the one hand, this would not prevent Member States from going further and providing for direct responsibility vis-à-vis shareholders or even other stakeholders. On the other hand, Member States were to refrain from opting for a system of responsibility limited to individual board members. However, this should not preclude the ability of courts or other enforcement bodies in the Member States to impose sanctions on an individual board member.

| (3) | Liability is based on national law. Appropriate liability rules, as laid down by each Member State under its national law or regulations, should be applicable to the administrative, management or supervisory bodies. Member States should remain free to determine the extent of the liability. |
| --- | --- |

(3)

Liability is based on national law. Appropriate liability rules, as laid down by each Member State under its national law or regulations, should be applicable to the administrative, management or supervisory bodies. Member States should remain free to determine the extent of the liability.

| (4) | In order to promote credible financial reporting processes across the EU, members of the body of a company that is responsible for the preparation of the company's financial reports should have the duty to ensure that the financial information included in a company's annual accounts and annual reports gives a true and fair view. |
| --- | --- |

(4)

In order to promote credible financial reporting processes across the EU, members of the body of a company that is responsible for the preparation of the company's financial reports should have the duty to ensure that the financial information included in a company's annual accounts and annual reports gives a true and fair view.

| (5) | On 27 September 2004 the Commission adopted a Communication on preventing and combating financial and corporate malpractice outlining inter alia the Commission policy initiatives regarding internal control in companies and responsibility of board members. |
| --- | --- |

(5)

On 27 September 2004 the Commission adopted a Communication on preventing and combating financial and corporate malpractice outlining inter alia the Commission policy initiatives regarding internal control in companies and responsibility of board members.

| (6) | At present Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (3) and Seventh Council Directive 83/ 349/EEC of 13 June 1983 based on the Article 54(3)(g) of the Treaty on consolidated accounts (4) only provide for disclosure of transactions between a company and the company's affiliated undertakings.
  With the objective of bringing companies whose securities are not admitted to trading on regulated markets closer to companies applying the international accounting standards for their consolidated accounts, disclosure
  should be extended to cover other types of related parties, such as key management members and spouses of board members
  , but only where such transactions are material and not carried out at arm's length.
  Disclosure of material transactions with related parties that are not carried out under normal
  market conditions
  can assist users of annual accounts to assess the financial position of the company as well as, when the company belongs to a group, the financial situation of the group as a whole.
  Intra-group related party transactions should be eliminated in the preparation of consolidated financial statements. |
| --- | --- |

(6)

At present Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (3) and Seventh Council Directive 83/ 349/EEC of 13 June 1983 based on the Article 54(3)(g) of the Treaty on consolidated accounts (4) only provide for disclosure of transactions between a company and the company's affiliated undertakings.
  With the objective of bringing companies whose securities are not admitted to trading on regulated markets closer to companies applying the international accounting standards for their consolidated accounts, disclosure
  should be extended to cover other types of related parties, such as key management members and spouses of board members
  , but only where such transactions are material and not carried out at arm's length.
  Disclosure of material transactions with related parties that are not carried out under normal
  market conditions
  can assist users of annual accounts to assess the financial position of the company as well as, when the company belongs to a group, the financial situation of the group as a whole.
  Intra-group related party transactions should be eliminated in the preparation of consolidated financial statements.

| (7) | Definitions
  of a
  related
  party as
  set out in the International Accounting Standards adopted by the
  Commission in
  accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards
   (5) should
  apply to
  Directives 78/660/EEC and 83/349/EEC. |
| --- | --- |

(7)

Definitions
  of a
  related
  party as
  set out in the International Accounting Standards adopted by the
  Commission in
  accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards
   (5) should
  apply to
  Directives 78/660/EEC and 83/349/EEC.

| (8) | Off-balance-sheet arrangements may expose a company to risks and benefits which are material for an assessment of the financial position of the company and, when the company belongs to a group, the financial position of the group as a whole. |
| --- | --- |

(8)

Off-balance-sheet arrangements may expose a company to risks and benefits which are material for an assessment of the financial position of the company and, when the company belongs to a group, the financial position of the group as a whole.

| (9) | Such off-balance-sheet arrangements could be any transactions or agreements which companies may have with entities
  , even unincorporated ones,
  that are not included in the balance sheet. Such off-balance-sheet arrangements may be associated with the creation or use of one or more Special Purpose Entities (SPE's) and offshore activities designed to address inter alia economic, legal, tax or accounting objectives.
  Examples of such off-balance-sheet arrangements include risk and benefit-sharing arrangements or obligations arising from a contract such as debt factoring, combined sale and repurchase agreements, consignment stock arrangements, take or pay arrangements, securitisation arranged through separate companies and unincorporated entities, pledged assets, operating leasing arrangements, outsourcing, and the like.
  Appropriate disclosure of
  the material risks and benefits of
  such arrangements that are not included in the balance sheet should be set in the notes to the accounts or the consolidated accounts. |
| --- | --- |

(9)

Such off-balance-sheet arrangements could be any transactions or agreements which companies may have with entities
  , even unincorporated ones,
  that are not included in the balance sheet. Such off-balance-sheet arrangements may be associated with the creation or use of one or more Special Purpose Entities (SPE's) and offshore activities designed to address inter alia economic, legal, tax or accounting objectives.
  Examples of such off-balance-sheet arrangements include risk and benefit-sharing arrangements or obligations arising from a contract such as debt factoring, combined sale and repurchase agreements, consignment stock arrangements, take or pay arrangements, securitisation arranged through separate companies and unincorporated entities, pledged assets, operating leasing arrangements, outsourcing, and the like.
  Appropriate disclosure of
  the material risks and benefits of
  such arrangements that are not included in the balance sheet should be set in the notes to the accounts or the consolidated accounts.

| (10) | Companies the securities of which are admitted to trading on a regulated market and which have their registered
  office
  in the Community should be obliged to disclose an annual corporate governance statement as a specific and clearly identifiable section of the annual report. That statement should
  at least
  provide shareholders with easily accessible key information about the corporate governance practices actually applied, including a description of
  the main features of
  any existing risk management systems and internal controls in relation to the financial reporting process.
  The corporate governance statement should make clear whether the company applies any provisions on corporate governance other than those provided for in national law, regardless of whether those provisions are directly laid down in a corporate governance code to which a company is subject or in any corporate governance code which the company may have decided to apply.
  Furthermore, where relevant, companies may also provide an analysis of environmental and social aspects necessary for an understanding of the company's development, performance and position. There is no need to impose the requirement of a separate corporate governance statement on undertakings drawing up a consolidated annual report. However, the information concerning the group's risk management system and internal control system should be presented. |
| --- | --- |

(10)

Companies the securities of which are admitted to trading on a regulated market and which have their registered
  office
  in the Community should be obliged to disclose an annual corporate governance statement as a specific and clearly identifiable section of the annual report. That statement should
  at least
  provide shareholders with easily accessible key information about the corporate governance practices actually applied, including a description of
  the main features of
  any existing risk management systems and internal controls in relation to the financial reporting process.
  The corporate governance statement should make clear whether the company applies any provisions on corporate governance other than those provided for in national law, regardless of whether those provisions are directly laid down in a corporate governance code to which a company is subject or in any corporate governance code which the company may have decided to apply.
  Furthermore, where relevant, companies may also provide an analysis of environmental and social aspects necessary for an understanding of the company's development, performance and position. There is no need to impose the requirement of a separate corporate governance statement on undertakings drawing up a consolidated annual report. However, the information concerning the group's risk management system and internal control system should be presented.

| (11) | The various measures adopted under this Directive should not necessarily apply to the same types of companies or undertakings. Member States should be able to exempt small companies, as defined in Article 11 of Directive 78/660/EEC, from the requirements concerning related parties and off-balance-sheet arrangements under this Directive. Companies which already disclose information about transactions with related parties in their accounts pursuant to international accounting standards as adopted in the European Union should not be required to disclose further information under this Directive, as the application of the international accounting standards already results in a true and fair view of such a company. The provisions of this Directive concerning the corporate governance statement should apply to all companies, including banks, insurance and reinsurance undertakings and issuers of bonds the securities of which are admitted to trading on a regulated market and which have their registered office in the Community. The provisions of this Directive concerning duties and liabilities of board members as well as sanctions should apply to all companies to which Directive 78/660/EEC and Council Directives 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (6) and 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings (7) apply and to all undertakings which draw up consolidated accounts in accordance with Directive 83/349/EEC. |
| --- | --- |

(11)

The various measures adopted under this Directive should not necessarily apply to the same types of companies or undertakings. Member States should be able to exempt small companies, as defined in Article 11 of Directive 78/660/EEC, from the requirements concerning related parties and off-balance-sheet arrangements under this Directive. Companies which already disclose information about transactions with related parties in their accounts pursuant to international accounting standards as adopted in the European Union should not be required to disclose further information under this Directive, as the application of the international accounting standards already results in a true and fair view of such a company. The provisions of this Directive concerning the corporate governance statement should apply to all companies, including banks, insurance and reinsurance undertakings and issuers of bonds the securities of which are admitted to trading on a regulated market and which have their registered office in the Community. The provisions of this Directive concerning duties and liabilities of board members as well as sanctions should apply to all companies to which Directive 78/660/EEC and Council Directives 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (6) and 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings (7) apply and to all undertakings which draw up consolidated accounts in accordance with Directive 83/349/EEC.

| (12) | At present Directive 78/660/EEC makes provision for examination every five years of, inter alia, the maximum thresholds for balance sheet and net turnover which Member States may apply in determining which companies may be exempted from certain disclosure requirements. In addition to those five-yearly examinations, an additional one-off increase in those balance sheet and net turnover thresholds may also be appropriate. There is no obligation on Member States to make use of those increased thresholds. |
| --- | --- |

(12)

At present Directive 78/660/EEC makes provision for examination every five years of, inter alia, the maximum thresholds for balance sheet and net turnover which Member States may apply in determining which companies may be exempted from certain disclosure requirements. In addition to those five-yearly examinations, an additional one-off increase in those balance sheet and net turnover thresholds may also be appropriate. There is no obligation on Member States to make use of those increased thresholds.

| (13) | The objectives of the action to be taken are, in particular, to facilitate cross-border investments and to improve EU-wide comparability and public confidence in financial statements and reports through enhanced and consistent specific disclosures. This cannot be sufficiently achieved by the Member States since national legislation differs. By amending the Accounting Directives and deepening harmonisation, those objectives can be better achieved at Community level. Hence the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(13)

The objectives of the action to be taken are, in particular, to facilitate cross-border investments and to improve EU-wide comparability and public confidence in financial statements and reports through enhanced and consistent specific disclosures. This cannot be sufficiently achieved by the Member States since national legislation differs. By amending the Accounting Directives and deepening harmonisation, those objectives can be better achieved at Community level. Hence the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (14) | Directives
  78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC
  should therefore be amended accordingly. |
| --- | --- |

(14)

Directives
  78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC
  should therefore be amended accordingly.

| (15) | This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union. |
| --- | --- |

(15)

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

| (16) | Member States are encouraged, in accordance with paragraph 34 of the Interinstitutional Agreement on better law-making, to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public, |
| --- | --- |

(16)

Member States are encouraged, in accordance with paragraph 34 of the Interinstitutional Agreement on better law-making, to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendment of Directive 78/660/EEC

Directive 78/660/EEC is hereby amended as follows:

| 1. | The first paragraph of Article 11 shall be amended as follows:










  (a) | in the first indent the words ‘balance sheet total: EUR 3 650 000’ shall be replaced by the words ‘balance sheet total: EUR 4 400 000’; |
| --- | --- | --- |

1.

The first paragraph of Article 11 shall be amended as follows:

(a)

in the first indent the words ‘balance sheet total: EUR 3 650 000’ shall be replaced by the words ‘balance sheet total: EUR 4 400 000’;

| (b) | in the second indent the words ‘net turnover: EUR 7 300 000’ shall be replaced by the words ‘net turnover: EUR 8 800 000’. |
| --- | --- |

(b)

in the second indent the words ‘net turnover: EUR 7 300 000’ shall be replaced by the words ‘net turnover: EUR 8 800 000’.

| 2. | The third paragraph of Article 11 shall be amended such that the words ‘the Directive setting those amounts in consequence of the review provided for in Article 53(2)’ shall be replaced by ‘any Directive setting those amounts’. |
| --- | --- |

2.

The third paragraph of Article 11 shall be amended such that the words ‘the Directive setting those amounts in consequence of the review provided for in Article 53(2)’ shall be replaced by ‘any Directive setting those amounts’.

| 3. | The first paragraph of Article 27 shall be amended as follows:










  (a) | in the first indent the words ‘balance sheet total: EUR 14 600 000’ shall be replaced by the words ‘balance sheet total: EUR 17 500 000’; |
| --- | --- | --- |

3.

The first paragraph of Article 27 shall be amended as follows:

(a)

in the first indent the words ‘balance sheet total: EUR 14 600 000’ shall be replaced by the words ‘balance sheet total: EUR 17 500 000’;

| (b) | in the second indent the words ‘net turnover: EUR 29 200 000’ shall be replaced by the words ‘net turnover: EUR 35 000 000’. |
| --- | --- |

(b)

in the second indent the words ‘net turnover: EUR 29 200 000’ shall be replaced by the words ‘net turnover: EUR 35 000 000’.

| 4. | The third paragraph of Article 27 shall be amended such that the words ‘the Directive setting those amounts in consequence of the review provided for in Article 53(2)’ shall be replaced by ‘any Directive setting those amounts’. |
| --- | --- |

4.

The third paragraph of Article 27 shall be amended such that the words ‘the Directive setting those amounts in consequence of the review provided for in Article 53(2)’ shall be replaced by ‘any Directive setting those amounts’.

| 5. | In Article 42a the following paragraph shall be added:


  ‘
  (5a)
     
  By way of derogation from the provision of paragraphs 3 and 4, Member States may, in accordance with international accounting standards as adopted by Commission Regulation (EC) No 1725/2003 of 29 September 2003 adopting certain international accounting standards (8), as amended until the entry into force of this Directive, permit or require valuation of financial instruments, together with the associated disclosure requirements which are provided for in international accounting standards adopted in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (9). |
| --- | --- |

5.

In Article 42a the following paragraph shall be added:

‘
  (5a)
     
  By way of derogation from the provision of paragraphs 3 and 4, Member States may, in accordance with international accounting standards as adopted by Commission Regulation (EC) No 1725/2003 of 29 September 2003 adopting certain international accounting standards (8), as amended until the entry into force of this Directive, permit or require valuation of financial instruments, together with the associated disclosure requirements which are provided for in international accounting standards adopted in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (9).

| 6. | In Article 43 (1), the following points (7a) and (7b) shall be inserted:






  ‘(7a) | the nature and business purpose of
  the
  company's arrangements not included in the balance sheet and the financial impact on the company of those arrangements,
  provided that the risks or benefits arising from such arrangements are material and
  in so far as the
  disclosure of such risks or benefits is necessary for
  assessing the financial position of the company.


  Member States may permit the companies referred to in Article 27 to limit the information required to be disclosed by this point to the nature and business purpose of such arrangements; |
| --- | --- | --- |

6.

In Article 43 (1), the following points (7a) and (7b) shall be inserted:

‘(7a)

the nature and business purpose of
  the
  company's arrangements not included in the balance sheet and the financial impact on the company of those arrangements,
  provided that the risks or benefits arising from such arrangements are material and
  in so far as the
  disclosure of such risks or benefits is necessary for
  assessing the financial position of the company.

Member States may permit the companies referred to in Article 27 to limit the information required to be disclosed by this point to the nature and business purpose of such arrangements;

| (7b) | the
  transactions which have been
  entered into
  with related parties
  by the company
  , including the amount of such transactions, the nature of the related party relationship and other information about the transactions necessary for an understanding of the financial position of the company, if such transactions are
  material and
  have
  not been concluded under normal
  market
  conditions.
  Information about individual transactions may be aggregated according to their nature except where separate information is necessary for an understanding of the effects of related party transactions on the financial position of the company.




  Member States may permit the companies referred to in Article 27 to omit the disclosures prescribed in the paragraph above unless those companies are of a type referred to in Article 1(1) of Directive 77/91/EEC, in which case Member States may limit disclosure to at least transactions entered into directly or indirectly between:










  (i) | the company and its major shareholders, and |
| --- | --- | --- |

(7b)

the
  transactions which have been
  entered into
  with related parties
  by the company
  , including the amount of such transactions, the nature of the related party relationship and other information about the transactions necessary for an understanding of the financial position of the company, if such transactions are
  material and
  have
  not been concluded under normal
  market
  conditions.
  Information about individual transactions may be aggregated according to their nature except where separate information is necessary for an understanding of the effects of related party transactions on the financial position of the company.

Member States may permit the companies referred to in Article 27 to omit the disclosures prescribed in the paragraph above unless those companies are of a type referred to in Article 1(1) of Directive 77/91/EEC, in which case Member States may limit disclosure to at least transactions entered into directly or indirectly between:

(i)

the company and its major shareholders, and

| (ii) | the company and the members of the administrative, management and supervisory bodies. |
| --- | --- |

(ii)

the company and the members of the administrative, management and supervisory bodies.

Member States may exempt transactions entered into between two or more members of a group provided that subsidiaries which are party to the transaction are wholly owned by such a member.

‘Related party’ has the same meaning as in international accounting standards adopted in accordance with Regulation (EC) No 1606/2002.
  ’

| 7. | The following Article 46a shall be inserted:
  ‘Article 46a
  A company whose securities are admitted to trading on a regulated market within the meaning of Article 4(1)
  , point
  (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments
   (10) shall include a corporate governance statement in its annual report. That statement shall be included as a
  specific section
  of the annual report and shall contain at least the following information:






  1. | a reference to:






  (a) | the corporate governance code
  to which
  the company is subject
  , and/or |
| --- | --- | --- | --- |

7.

The following Article 46a shall be inserted:

‘Article 46a

A company whose securities are admitted to trading on a regulated market within the meaning of Article 4(1)
  , point
  (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments
   (10) shall include a corporate governance statement in its annual report. That statement shall be included as a
  specific section
  of the annual report and shall contain at least the following information:

1.

a reference to:

(a)

the corporate governance code
  to which
  the company is subject
  , and/or

| (b) | the corporate governance code which the company may have voluntarily decided to apply, and/or |
| --- | --- |

(b)

the corporate governance code which the company may have voluntarily decided to apply, and/or

| (c) | all relevant information about the corporate governance practices applied beyond the requirements under national law. Where points (a) and (b) above apply, the company shall also indicate
  where the
  relevant texts are
  publicly available
  ; where point (c) applies, the company shall make its corporate governance practices publicly available
  ; |
| --- | --- |

(c)

all relevant information about the corporate governance practices applied beyond the requirements under national law. Where points (a) and (b) above apply, the company shall also indicate
  where the
  relevant texts are
  publicly available
  ; where point (c) applies, the company shall make its corporate governance practices publicly available
  ;

| 2. | to the
  extent
  to which a
  company
  , in accordance with national law, departs from a
  corporate governance code referred to under
  points (1)(a) or (b), an explanation by the company as to which parts of the corporate governance code it departs from and the reasons for doing so. Where the company has decided not to apply any provisions of a corporate governance code referred to under points (1)(a) or (b), it shall explain its reasons for doing so; |
| --- | --- |

2.

to the
  extent
  to which a
  company
  , in accordance with national law, departs from a
  corporate governance code referred to under
  points (1)(a) or (b), an explanation by the company as to which parts of the corporate governance code it departs from and the reasons for doing so. Where the company has decided not to apply any provisions of a corporate governance code referred to under points (1)(a) or (b), it shall explain its reasons for doing so;

| 3. | a description of
  the main features of
  the company's internal control and risk management systems
  in relation to the financial reporting process
  ; |
| --- | --- |

3.

a description of
  the main features of
  the company's internal control and risk management systems
  in relation to the financial reporting process
  ;

| 4. | the information required by Article 10(1), points (c), (d), (f), (h), and (i) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids
   (11)

  , where the company is subject to that Directive
  ; |
| --- | --- |

4.

the information required by Article 10(1), points (c), (d), (f), (h), and (i) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids
   (11)

  , where the company is subject to that Directive
  ;

| 5. | unless the information is already fully provided for in national laws or regulations,
  the operation of the shareholder meeting and its key powers, and a description of shareholders' rights and how they can be exercised; |
| --- | --- |

5.

unless the information is already fully provided for in national laws or regulations,
  the operation of the shareholder meeting and its key powers, and a description of shareholders' rights and how they can be exercised;

| 6. | the composition and operation of the
  administrative, management and supervisory bodies and their
  committees. |
| --- | --- |

6.

the composition and operation of the
  administrative, management and supervisory bodies and their
  committees.

Member States may permit the information required by this Article to be set out in a separate report published together with the annual report in the manner set out in Article 47 or by means of a reference in the annual report where such document is publicly available on the company's website. In the event of a separate report, the corporate governance statement may contain a reference to the annual report where the information required in point (4) is made available. Article 51(1), second subparagraph shall apply to the provisions of the first paragraph, points (3) and (4) of this Article. For the remaining information, the statutory auditor shall check that the corporate governance statement has been produced.

Member States may exempt companies which have only issued securities other than shares admitted to trading on a regulated market, within the meaning of Article 4(1), point (14) of Directive 2004/ 39/EC, from the application of the provisions of the first subparagraph, points (1), (2), (5) and (6), unless such companies have issued shares which are traded in a multilateral trading facility, within the meaning of Article 4(1), point (15) of Directive 2004/39/EC.

| 8. | The following Section 10A shall be inserted:
  ‘SECTION 10A


  Duty
  and liability for the annual accounts and the annual report
  Article 50b
  Member States shall ensure that the members of the administrative, management
  or
  supervisory bodies of the company
  have
  collectively
  the duty to ensure
  that the annual accounts
  ,
  the annual report
  and, when provided separately, the corporate governance statement to be provided pursuant to Article 46a
  are drawn up and published in accordance with the requirements of this Directive
  and, where applicable, in accordance with the international accounting standards adopted in accordance with Regulation (EC) No 1606/2002. Such bodies shall act within the competences assigned to them by national law.


  Article 50c
  Member States shall ensure that their laws, regulations and administrative provisions on liability apply to the members of the administrative, management and supervisory bodies referred to in Article 50b
  , at least vis-à-vis the company, for breach of the duty referred to in Article 50b.
  ’ |
| --- | --- |

8.

The following Section 10A shall be inserted:

‘SECTION 10A

Duty
  and liability for the annual accounts and the annual report

Article 50b

Member States shall ensure that the members of the administrative, management
  or
  supervisory bodies of the company
  have
  collectively
  the duty to ensure
  that the annual accounts
  ,
  the annual report
  and, when provided separately, the corporate governance statement to be provided pursuant to Article 46a
  are drawn up and published in accordance with the requirements of this Directive
  and, where applicable, in accordance with the international accounting standards adopted in accordance with Regulation (EC) No 1606/2002. Such bodies shall act within the competences assigned to them by national law.

Article 50c

Member States shall ensure that their laws, regulations and administrative provisions on liability apply to the members of the administrative, management and supervisory bodies referred to in Article 50b
  , at least vis-à-vis the company, for breach of the duty referred to in Article 50b.
  ’

| 9. | Article 53a shall be amended as follows:










  (a) | the text ‘43(1), points 7a and 7b,’ shall be inserted after the text ‘Articles 11, 27,’; and |
| --- | --- | --- |

9.

Article 53a shall be amended as follows:

(a)

the text ‘43(1), points 7a and 7b,’ shall be inserted after the text ‘Articles 11, 27,’; and

| (b) | the text ‘of any Member State within the meaning of Article 1(13) of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field’ shall be replaced by ‘within the meaning of Article 4(1)(14) of Directive 2004/39/EC’. |
| --- | --- |

(b)

the text ‘of any Member State within the meaning of Article 1(13) of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field’ shall be replaced by ‘within the meaning of Article 4(1)(14) of Directive 2004/39/EC’.

| 10. | The following Article 60a shall be inserted:
  ‘Article 60a


  Member
  States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties and measures provided for must be effective, proportionate and
  dissuasive.
  ’ |
| --- | --- |

10.

The following Article 60a shall be inserted:

‘Article 60a

Member
  States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties and measures provided for must be effective, proportionate and
  dissuasive.
  ’

| 11. | Article 61a shall be amended as follows:










  (i) | the text ‘1 January 2007’ shall be replaced by ‘1 July 2007’; and |
| --- | --- | --- |

11.

Article 61a shall be amended as follows:

(i)

the text ‘1 January 2007’ shall be replaced by ‘1 July 2007’; and

| (ii) | the text ‘, with particular regard to IAS 39 as endorsed in accordance with Regulation (EC) No 1606/2002,’ shall be inserted after the words ‘in applying provisions on fair value accounting’. |
| --- | --- |

(ii)

the text ‘, with particular regard to IAS 39 as endorsed in accordance with Regulation (EC) No 1606/2002,’ shall be inserted after the words ‘in applying provisions on fair value accounting’.

Article 2

Amendment of Directive 83/349/EEC

Directive 83/349/EEC is hereby amended as follows:

| 1. | In Article 34, the following points (7a) and (7b) shall be inserted:






  ‘(7a) | The nature and business purpose of any arrangements not included in the consolidated balance sheet, and the financial impact of those arrangements,
  provided that the risks or benefits arising from such arrangements are material and
  in so far as the
  disclosure of such risks or benefits is necessary for
  assessing the financial position of the undertakings included in the consolidation taken as a whole. |
| --- | --- | --- |

1.

In Article 34, the following points (7a) and (7b) shall be inserted:

‘(7a)

The nature and business purpose of any arrangements not included in the consolidated balance sheet, and the financial impact of those arrangements,
  provided that the risks or benefits arising from such arrangements are material and
  in so far as the
  disclosure of such risks or benefits is necessary for
  assessing the financial position of the undertakings included in the consolidation taken as a whole.

| (7b) | The transactions, save for intra-group transactions,
  entered into by the parent undertaking, or by other undertakings included in the consolidation, with related parties,
  including the amounts of such transactions, the nature of the related party relationship as well as other information about the transactions necessary for an understanding of the financial position of the undertakings included in the consolidation taken as a whole, if such transactions are
  material and
  have
  not been
  concluded
  under normal
  market
  conditions.
  Information about individual transactions may be aggregated according to their nature except where separate information is necessary for an understanding of the effects of the related party transactions on the financial position of the undertakings included in the consolidation taken as a whole.
  ’ |
| --- | --- |

(7b)

The transactions, save for intra-group transactions,
  entered into by the parent undertaking, or by other undertakings included in the consolidation, with related parties,
  including the amounts of such transactions, the nature of the related party relationship as well as other information about the transactions necessary for an understanding of the financial position of the undertakings included in the consolidation taken as a whole, if such transactions are
  material and
  have
  not been
  concluded
  under normal
  market
  conditions.
  Information about individual transactions may be aggregated according to their nature except where separate information is necessary for an understanding of the effects of the related party transactions on the financial position of the undertakings included in the consolidation taken as a whole.
  ’

| 2. | In Article 36(2), the following point (f) shall be added:






  ‘(f) | where an undertaking has its securities admitted to trading on a regulated market within the meaning of Article 4(1), point (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (12), a
  description of
  the main features of
  the group's internal control and risk management systems in relation to the process for preparing consolidated accounts. In the event that the consolidated annual report and the annual report are presented as a single report, this information must be included in the section of the report containing the corporate governance statement as provided for by Article 46a of Directive 78/660/EEC.


  If a Member State permits the information required by the first subparagraph of Article 46a of Directive 78/660/EEC to be set out in a separate report published together with the annual report in the manner prescribed by Article 47 of that Directive, the information provided under the first subparagraph shall also form part of that separate report. Article 37(1), second subparagraph of this Directive shall apply. |
| --- | --- | --- |

2.

In Article 36(2), the following point (f) shall be added:

‘(f)

where an undertaking has its securities admitted to trading on a regulated market within the meaning of Article 4(1), point (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (12), a
  description of
  the main features of
  the group's internal control and risk management systems in relation to the process for preparing consolidated accounts. In the event that the consolidated annual report and the annual report are presented as a single report, this information must be included in the section of the report containing the corporate governance statement as provided for by Article 46a of Directive 78/660/EEC.

If a Member State permits the information required by the first subparagraph of Article 46a of Directive 78/660/EEC to be set out in a separate report published together with the annual report in the manner prescribed by Article 47 of that Directive, the information provided under the first subparagraph shall also form part of that separate report. Article 37(1), second subparagraph of this Directive shall apply.

| 3. | The following Section 3A shall be inserted:
  ‘SECTION 3A


  Duty
  and liability for drawing up the consolidated annual accounts and the consolidated annual report
  Article 36a
  Member States shall ensure that the members of the administrative, management
  or
  supervisory bodies of the undertaking drawing up the consolidated accounts and the consolidated annual report
  have
  collectively
  the duty to ensure
  that the consolidated annual accounts
  ,
  the consolidated annual report
  and, when provided separately, the corporate governance statement to be provided pursuant to Article 46a of Directive 78/660/EEC
  are drawn up and published in accordance with the requirements of this Directive
  and, where applicable, in accordance with the international accounting standards adopted in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (13). Such bodies shall act within the competences assigned to them by national law.


  Article 36b
  Member States shall ensure that their laws, regulations and administrative provisions on liability apply to the members of the administrative, management and supervisory bodies referred to in Article 36a
  , at least vis-à-vis the undertaking drawing up the consolidated accounts, for breach of the duty referred to in Article 36a
  . |
| --- | --- |

3.

The following Section 3A shall be inserted:

‘SECTION 3A

Duty
  and liability for drawing up the consolidated annual accounts and the consolidated annual report

Article 36a

Member States shall ensure that the members of the administrative, management
  or
  supervisory bodies of the undertaking drawing up the consolidated accounts and the consolidated annual report
  have
  collectively
  the duty to ensure
  that the consolidated annual accounts
  ,
  the consolidated annual report
  and, when provided separately, the corporate governance statement to be provided pursuant to Article 46a of Directive 78/660/EEC
  are drawn up and published in accordance with the requirements of this Directive
  and, where applicable, in accordance with the international accounting standards adopted in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (13). Such bodies shall act within the competences assigned to them by national law.

Article 36b

Member States shall ensure that their laws, regulations and administrative provisions on liability apply to the members of the administrative, management and supervisory bodies referred to in Article 36a
  , at least vis-à-vis the undertaking drawing up the consolidated accounts, for breach of the duty referred to in Article 36a
  .

| 4. | In Article 41, the following paragraph 1a shall be inserted:
  ‘1a.   
  ‘Related party’ has the same meaning as in international accounting standards adopted in accordance with Regulation (EC) No 1606/2002.
  ’ |
| --- | --- |

4.

In Article 41, the following paragraph 1a shall be inserted:

‘1a.   
  ‘Related party’ has the same meaning as in international accounting standards adopted in accordance with Regulation (EC) No 1606/2002.
  ’

| 5. | The following Article 48 shall be inserted:
  ‘Article 48


  Member
  States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and
  dissuasive
  .’ |
| --- | --- |

5.

The following Article 48 shall be inserted:

‘Article 48

Member
  States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and
  dissuasive
  .’

Article 3

Amendment of Directive 86/635/EEC

Directive 86/635/EEC is hereby amended as follows:

The first sentence of Article 1(1) is replaced by the following:

‘
  Articles 2, 3, 4(1), (3) to (6), Articles 6, 7, 13, 14, 15(3) and (4), Articles 16 to 21, 29 to 35, 37 to 41, 42 first sentence, 42a to 42f, 45(1), 46(1) and (2), 46a, Articles 48 to 50, 50a, 50b, 50c, 51(1) and 51a, 56 to 59, 60a, 61 and 61a of Directive 78/660/EEC shall apply to the institutions mentioned in Article 2 of this Directive, except where this Directive provides otherwise.
  ’

Article 4

Article 4

Amendment of Directive 91/674/EEC

Amendment of Directive 91/674/EEC

Directive 91/674/EEC is hereby amended as follows:

Directive 91/674/EEC is hereby amended as follows:

The first sentence of Article 1(1) is replaced by the following:

The first sentence of Article 1(1) is replaced by the following:

‘
  Articles 2, 3, 4(1), (3) to (6), Articles 6, 7, 13, 14, 15(3) and (4), Articles 16 to 21, 29 to 35, 37 to 41, 42, 42a to 42f, 43 (1), points 1 to 7b and 9 to 14, 45(1), 46(1) and (2), 46a, 48 to 50, 50a, 50b, 50c, 51(1), 51a, 56 to 59, 60a, 61 and 61a of Directive 78/660/EEC shall apply to the undertakings mentioned in Article 2 of this Directive, except where this Directive provides otherwise.
  ’

Article 5

Article 5

Transposition

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (14) at the
  latest.

14

latest.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Article 6

Entry into force

Entry into force

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

Article 7

Article 7

Addressees

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 294, 25.11.2005, p. 4
  .

1

294, 25.11.2005, p. 4

(2)  Position of the European Parliament of 15 December 2005.

2

Position of the European Parliament of 15 December 2005.

(3)  OJ L 222, 14.8.1978, p. 11. Directive as last amended by the 2003 Act of Accession.

3

14.8.1978

the 2003 Act of Accession

(4)  OJ L 193, 18.7.1983, p. 1. Directive as last amended by the 2003 Act of Accession.

4

18.7.1983

the 2003 Act of Accession

(5)  OJ L 243, 11.9.2002, p. 1
  .

5

11.9.2002, p. 1

(6)  OJ L 372, 31.12.1986, p. 1. Directive as last amended by Directive 2003/51/EC of the European Parliament and of the Council (OJ L 178, 17.7.2003, p. 16).

6

(7)  OJ L 374, 31.12.1991, p. 7. Directive as amended by Directive 2003/51/EC.

7

(8)  OJ L 261, 13.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 2106/2005 (OJ L 337, 22.12.2005, p. 16).

8

(9)  OJ L 243, 11.9.2002, p. 1.’

9

(10)  

  OJ L 145, 30.4.2004, p. 1

  .

10

OJ L 145, 30.4.2004, p. 1

(11)  

  OJ L 142, 30.4.2004, p. 12

  .’

11

OJ L 142, 30.4.2004, p. 12

(12)  OJ L 145, 30.4.2004, p. 1.’

12

(13)  OJ L 243, 11.9.2002, p. 1.’

13

(14)  
  24 months after the entry into force of this Directive.

14

24 months after the entry into force of this Directive.

P6_TA(2005)0519

The rights of persons with reduced mobility when travelling by air ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council concerning the rights of persons with reduced mobility when travelling by air (COM(2005)0047 — C6-0045/2005 — 2005/0007(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0047) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0047) (1),

| — | having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0045/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0045/2005),

| — | 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 Transport and Tourism (A6-0317/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0317/2005),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | 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_TC1-COD(2005)0007

Position of the European Parliament adopted at first reading on 15 December 2005 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

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

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

Whereas:

| (1) | The single market for air services should benefit citizens in general. Consequently
  disabled persons and persons with reduced mobility,
  whether caused by disability, age or
  any
  other factor, should have opportunities for air travel comparable to those of other citizens.
  Disabled persons and persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. This applies to air travel as to other areas of life. |
| --- | --- |

(1)

The single market for air services should benefit citizens in general. Consequently
  disabled persons and persons with reduced mobility,
  whether caused by disability, age or
  any
  other factor, should have opportunities for air travel comparable to those of other citizens.
  Disabled persons and persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. This applies to air travel as to other areas of life.

| (2) | Disabled persons and
  persons with reduced mobility should therefore be accepted for carriage and not refused transport on the grounds of their
  disability or
  lack of mobility, except for justified safety reasons prescribed by law.
  Before accepting reservations from disabled persons or persons with reduced mobility, air carriers, their agents and tour operators should make all reasonable efforts to verify whether there is a justified safety reason which would prevent such persons being accommodated on the flights concerned. |
| --- | --- |

(2)

Disabled persons and
  persons with reduced mobility should therefore be accepted for carriage and not refused transport on the grounds of their
  disability or
  lack of mobility, except for justified safety reasons prescribed by law.
  Before accepting reservations from disabled persons or persons with reduced mobility, air carriers, their agents and tour operators should make all reasonable efforts to verify whether there is a justified safety reason which would prevent such persons being accommodated on the flights concerned.

| (3) | This Regulation should not affect other rights of passengers established by Community legislation and notably by Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (4) and Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (5).
  Where the same event would give rise to the same right of reimbursement or of rebooking under either of those legislative acts as well as under this regulation, the person so entitled should be allowed to exercise that right only once, at his or her discretion. |
| --- | --- |

(3)

This Regulation should not affect other rights of passengers established by Community legislation and notably by Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (4) and Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (5).
  Where the same event would give rise to the same right of reimbursement or of rebooking under either of those legislative acts as well as under this regulation, the person so entitled should be allowed to exercise that right only once, at his or her discretion.

| (4) | In order to give
  disabled persons and
  persons with reduced mobility opportunities for air travel comparable to those of other citizens, assistance to meet their particular
  needs should
  be provided
  at the airport as well as on-board aircraft, by employing the necessary staff and equipment.
  In the interests of social inclusion, the persons concerned should receive this assistance
  without additional charge. |
| --- | --- |

(4)

In order to give
  disabled persons and
  persons with reduced mobility opportunities for air travel comparable to those of other citizens, assistance to meet their particular
  needs should
  be provided
  at the airport as well as on-board aircraft, by employing the necessary staff and equipment.
  In the interests of social inclusion, the persons concerned should receive this assistance
  without additional charge.

| (5) | Assistance given at airports situated in the territory of a Member State to which the Treaty applies should, among other things, enable
  disabled persons and
  persons with reduced mobility to proceed from a designated point of arrival at an airport to an aircraft and from the aircraft to a designated point of departure from the airport, including embarking and disembarking.
  These points should be designated at least at the main entrances to terminal buildings, in areas with check-in counters, in train, light rail, metro and bus stations, at taxi ranks and other drop-off points, and in airport car parks. The assistance
  should be organised so as to avoid interruption and delay, while ensuring high and equivalent standards throughout the Community and making best use of resources, whatever airport or air carrier is involved. |
| --- | --- |

(5)

Assistance given at airports situated in the territory of a Member State to which the Treaty applies should, among other things, enable
  disabled persons and
  persons with reduced mobility to proceed from a designated point of arrival at an airport to an aircraft and from the aircraft to a designated point of departure from the airport, including embarking and disembarking.
  These points should be designated at least at the main entrances to terminal buildings, in areas with check-in counters, in train, light rail, metro and bus stations, at taxi ranks and other drop-off points, and in airport car parks. The assistance
  should be organised so as to avoid interruption and delay, while ensuring high and equivalent standards throughout the Community and making best use of resources, whatever airport or air carrier is involved.

| (6) | To achieve these aims,
  ensuring high quality
  assistance at airports should be
  the responsibility of
  a central body. As managing bodies of airports play a central role in providing services throughout their airports, they should be given this
  overall
  responsibility. |
| --- | --- |

(6)

To achieve these aims,
  ensuring high quality
  assistance at airports should be
  the responsibility of
  a central body. As managing bodies of airports play a central role in providing services throughout their airports, they should be given this
  overall
  responsibility.

| (7) | Managing bodies of airports should be free to provide the assistance to disabled persons and persons with reduced mobility themselves. Alternatively, in view of the positive role played in the past by certain operators and air carriers, managing bodies may contract with third parties for the supply of this assistance, without prejudice to the application of relevant rules of Community law, including those on public procurement. |
| --- | --- |

(7)

Managing bodies of airports should be free to provide the assistance to disabled persons and persons with reduced mobility themselves. Alternatively, in view of the positive role played in the past by certain operators and air carriers, managing bodies may contract with third parties for the supply of this assistance, without prejudice to the application of relevant rules of Community law, including those on public procurement.

| (8) | Assistance should be financed in such a way as to spread the burden equitably over all passengers using an airport and to avoid disincentives to the carriage
  of disabled persons and persons
  with reduced mobility. A charge levied on each airline using an airport, proportionate to the number of passengers it carries to or from the airport, appears to be the most effective way of funding. |
| --- | --- |

(8)

Assistance should be financed in such a way as to spread the burden equitably over all passengers using an airport and to avoid disincentives to the carriage
  of disabled persons and persons
  with reduced mobility. A charge levied on each airline using an airport, proportionate to the number of passengers it carries to or from the airport, appears to be the most effective way of funding.

| (9) | With a view to ensuring, in particular, that the charges levied on an air carrier are commensurate with the assistance provided to disabled persons and persons with reduced mobility, and that these charges do not serve to finance activities of the managing body other than those relating to the provision of such assistance, the charges should be adopted and applied in full transparency. Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (6) and in particular the provisions on separation of accounts, should therefore apply where this does not conflict with this regulation. |
| --- | --- |

(9)

With a view to ensuring, in particular, that the charges levied on an air carrier are commensurate with the assistance provided to disabled persons and persons with reduced mobility, and that these charges do not serve to finance activities of the managing body other than those relating to the provision of such assistance, the charges should be adopted and applied in full transparency. Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (6) and in particular the provisions on separation of accounts, should therefore apply where this does not conflict with this regulation.

| (10) | To give
  disabled persons and
  persons with reduced mobility effective opportunities for air travel, air carriers should be required to provide certain forms of assistance on board aircraft. |
| --- | --- |

(10)

To give
  disabled persons and
  persons with reduced mobility effective opportunities for air travel, air carriers should be required to provide certain forms of assistance on board aircraft.

| (11) | In organising the provision of assistance to disabled persons and persons with reduced mobility, and the training of their personnel, airports and air carriers should have regard to the Code of Good Conduct in Ground Handling for Persons of Reduced Mobility of the European Civil Aviation Conference (‘ECAC’) set out in Annex J to ECAC document 30 (‘the ECAC Code of Good Conduct’). |
| --- | --- |

(11)

In organising the provision of assistance to disabled persons and persons with reduced mobility, and the training of their personnel, airports and air carriers should have regard to the Code of Good Conduct in Ground Handling for Persons of Reduced Mobility of the European Civil Aviation Conference (‘ECAC’) set out in Annex J to ECAC document 30 (‘the ECAC Code of Good Conduct’).

| (12) | In deciding on the design of new airports and terminals, and as part of major refurbishments, managing bodies of airports should, where possible, take into account the needs of disabled persons and persons with reduced mobility. Similarly, air carriers should, where possible, take such needs into account when deciding on the design of new and newly refurbished aircraft. |
| --- | --- |

(12)

In deciding on the design of new airports and terminals, and as part of major refurbishments, managing bodies of airports should, where possible, take into account the needs of disabled persons and persons with reduced mobility. Similarly, air carriers should, where possible, take such needs into account when deciding on the design of new and newly refurbished aircraft.

| (13) | Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (7) should be strictly enforced in order to guarantee respect for the privacy of persons with disabilities and persons with reduced mobility, and ensure that the information requested serves merely to fulfil the assistance obligations laid down in this Regulation and is not used against passengers seeking the service in question. |
| --- | --- |

(13)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (7) should be strictly enforced in order to guarantee respect for the privacy of persons with disabilities and persons with reduced mobility, and ensure that the information requested serves merely to fulfil the assistance obligations laid down in this Regulation and is not used against passengers seeking the service in question.

| (14) | All essential information provided to air passengers should be provided in alternative formats accessible to disabled persons and persons with reduced mobility, and should be in at least the same languages as the information made available to other passengers. |
| --- | --- |

(14)

All essential information provided to air passengers should be provided in alternative formats accessible to disabled persons and persons with reduced mobility, and should be in at least the same languages as the information made available to other passengers.

| (15) | Where wheelchairs, other mobility equipment or assistive devices are lost or damaged during handling at the airport or during transport on board aircraft, the passenger to whom the equipment belongs should be compensated, in accordance with rules of international, Community and national law. |
| --- | --- |

(15)

Where wheelchairs, other mobility equipment or assistive devices are lost or damaged during handling at the airport or during transport on board aircraft, the passenger to whom the equipment belongs should be compensated, in accordance with rules of international, Community and national law.

| (16) | A disabled person or person with reduced mobility who considers that this regulation has been infringed should bring the matter to the attention of the managing body of the airport or to the attention of the air carrier concerned, as the case may be. If the disabled person or person with reduced mobility cannot obtain satisfaction in such way, he or she should be free to make a complaint to the body or bodies designated to that end by the relevant Member State. |
| --- | --- |

(16)

A disabled person or person with reduced mobility who considers that this regulation has been infringed should bring the matter to the attention of the managing body of the airport or to the attention of the air carrier concerned, as the case may be. If the disabled person or person with reduced mobility cannot obtain satisfaction in such way, he or she should be free to make a complaint to the body or bodies designated to that end by the relevant Member State.

| (17) | Complaints concerning assistance given at an airport should be addressed to the national body or bodies designated by the Member State where the airport is located. Complaints concerning assistance given by an air carrier should be addressed to the national body or bodies designated by the Member State which has issued the license to the air carrier. |
| --- | --- |

(17)

Complaints concerning assistance given at an airport should be addressed to the national body or bodies designated by the Member State where the airport is located. Complaints concerning assistance given by an air carrier should be addressed to the national body or bodies designated by the Member State which has issued the license to the air carrier.

| (18) | Since the objectives of the action to be taken, namely to ensure high and equivalent levels of protection and assistance throughout the Member States and to ensure that economic agents operate under harmonised conditions in a single market, cannot sufficiently be achieved by the Member States and can therefore, by reason of the scale or the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(18)

Since the objectives of the action to be taken, namely to ensure high and equivalent levels of protection and assistance throughout the Member States and to ensure that economic agents operate under harmonised conditions in a single market, cannot sufficiently be achieved by the Member States and can therefore, by reason of the scale or the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (19) | Member States should lay down sanctions applicable to infringements of this regulation and ensure that these sanctions are applied. The sanctions
  , which could include ordering the payment of compensation to the person concerned,
  should be effective, proportionate and dissuasive. |
| --- | --- |

(19)

Member States should lay down sanctions applicable to infringements of this regulation and ensure that these sanctions are applied. The sanctions
  , which could include ordering the payment of compensation to the person concerned,
  should be effective, proportionate and dissuasive.

| (20) | Member States should supervise and ensure compliance with this regulation and designate an appropriate body to carry out enforcement tasks. This supervision should not affect the rights of
  disabled persons and
  persons with reduced mobility to seek legal redress from courts under national law. |
| --- | --- |

(20)

Member States should supervise and ensure compliance with this regulation and designate an appropriate body to carry out enforcement tasks. This supervision should not affect the rights of
  disabled persons and
  persons with reduced mobility to seek legal redress from courts under national law.

| (21) | This regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(21)

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

| (22) | Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation. |
| --- | --- |

(22)

Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose and scope

1.   This Regulation establishes rules for the protection of and provision of assistance to
  disabled persons and
  persons with reduced mobility travelling by air
  , both to protect them against discrimination and to ensure they receive assistance
  .

2.   The provisions of this Regulation shall apply to
  disabled persons and
  persons with reduced mobility
  , using or having the intention to use commercial passenger air services, on departure from, on transit through, or on arrival at an airport, when the
  airport
  is
  located in the territory of a Member State to which the Treaty applies.

3.   
  Moreover, Articles
  3, 4 and 10 shall also apply to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, if
  the operating
  carrier is a Community
  air
  carrier.

4.   This Regulation shall not affect the rights of passengers established by Directive 90/314/EEC and under Regulation (EC) No 261/2004.

5.
     In
  so far as the provisions of this regulation conflict with the provisions of Directive 96/67/EC, this Regulation shall apply.

6.
     
  Application of this regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

7.
     
  Application of this regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and of the United Kingdom will inform the Council of such date of entry into operation.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

| (a) | ‘disabled person’ or ‘person
  with reduced mobility’ means any person whose mobility
  when using transport
  is reduced due to
  any
  physical
  disability
  (sensory or
  locomotor, permanent or temporary
  ), intellectual
  disability or impairment, or
  any other cause of disability,
  or age,
  and whose situation needs
  appropriate
  attention and the adaptation to his or her particular needs of the service made available to all passengers; |
| --- | --- |

(a)

‘disabled person’ or ‘person
  with reduced mobility’ means any person whose mobility
  when using transport
  is reduced due to
  any
  physical
  disability
  (sensory or
  locomotor, permanent or temporary
  ), intellectual
  disability or impairment, or
  any other cause of disability,
  or age,
  and whose situation needs
  appropriate
  attention and the adaptation to his or her particular needs of the service made available to all passengers;

| (b) | ‘air carrier’ means an air transport undertaking with a valid operating licence; |
| --- | --- |

(b)

‘air carrier’ means an air transport undertaking with a valid operating licence;

| (c) | ‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger; |
| --- | --- |

(c)

‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger;

| (d) | ‘Community air carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992on licensing of air carriers (8); |
| --- | --- |

(d)

‘Community air carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992on licensing of air carriers (8);

| (e) | ‘tour operator’ means, with the exception of an air carrier, an organiser or retailer within the meaning of Article 2(2) and (3) of Directive 90/314/EEC; |
| --- | --- |

(e)

‘tour operator’ means, with the exception of an air carrier, an organiser or retailer within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;

| (f) | ‘managing body of the airport’
  or ‘managing body’
  means a body which notably has as its objective under national legislation the administration and management of airport infrastructures, and the coordination and control of the activities of the various operators present in an airport or airport system; |
| --- | --- |

(f)

‘managing body of the airport’
  or ‘managing body’
  means a body which notably has as its objective under national legislation the administration and management of airport infrastructures, and the coordination and control of the activities of the various operators present in an airport or airport system;

| (g) | ‘airport user’ means any natural or legal person responsible for the carriage of passengers by air from or to the airport in question; |
| --- | --- |

(g)

‘airport user’ means any natural or legal person responsible for the carriage of passengers by air from or to the airport in question;

| (h) | ‘Airport Users Committee’ means a committee of representatives of airport users or organisations representing them; |
| --- | --- |

(h)

‘Airport Users Committee’ means a committee of representatives of airport users or organisations representing them;

| (i) | ‘reservation’ means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or tour operator; |
| --- | --- |

(i)

‘reservation’ means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or tour operator;

| (j) | ‘airport’ means any area of land specially adapted for the landing, taking-off and manoeuvres of aircraft, including ancillary installations which these operations may involve for the requirements of aircraft traffic and services including installations needed to assist commercial air services; |
| --- | --- |

(j)

‘airport’ means any area of land specially adapted for the landing, taking-off and manoeuvres of aircraft, including ancillary installations which these operations may involve for the requirements of aircraft traffic and services including installations needed to assist commercial air services;

| (k) | ‘airport car park’ means a car park, within the airport boundaries or under the direct control of the managing body of an airport, which directly serves the passengers using that airport; |
| --- | --- |

(k)

‘airport car park’ means a car park, within the airport boundaries or under the direct control of the managing body of an airport, which directly serves the passengers using that airport;

| (l) | ‘commercial passenger air service’ means a passenger air transport service operated by an air carrier through a scheduled or non scheduled flight offered to the general public for valuable consideration, whether on its own or as part of a package. |
| --- | --- |

(l)

‘commercial passenger air service’ means a passenger air transport service operated by an air carrier through a scheduled or non scheduled flight offered to the general public for valuable consideration, whether on its own or as part of a package.

Article 3

Prevention of refusal of carriage

An
  air carrier or its agent or a tour operator shall not refuse, on the grounds of
  disability or
  of reduced
  mobility:

| (a) | to accept a reservation for a flight departing from or arriving at an airport to which this regulation applies; |
| --- | --- |

(a)

to accept a reservation for a flight departing from or arriving at an airport to which this regulation applies;

| (b) | to embark a disabled person or a person with reduced mobility at such an airport, provided that the person concerned has a valid ticket and reservation. |
| --- | --- |

(b)

to embark a disabled person or a person with reduced mobility at such an airport, provided that the person concerned has a valid ticket and reservation.

Article 4

Derogations, special conditions and information

1.   Notwithstanding the provisions of Article 3, an air carrier or its agent or a tour operator may refuse
  , on the grounds of disability or of reduced mobility,
  to accept a reservation from or to embark a
  disabled person or
  a person with reduced
  mobility:

| (a) | in order to meet applicable safety
  requirements established
  by
  international, Community or national
  law or
  in order to meet safety requirements established by the authority that issued the air operator's certificate to the air carrier concerned; |
| --- | --- |

(a)

in order to meet applicable safety
  requirements established
  by
  international, Community or national
  law or
  in order to meet safety requirements established by the authority that issued the air operator's certificate to the air carrier concerned;

| (b) | if the size of the aircraft or
  its doors makes the embarkation or
  carriage of
  that disabled person or person
  with reduced mobility
  physically impossible
  . |
| --- | --- |

(b)

if the size of the aircraft or
  its doors makes the embarkation or
  carriage of
  that disabled person or person
  with reduced mobility
  physically impossible
  .

In the event of refusal to accept a reservation on the grounds mentioned under points (a) or (b) of subparagraph 1, the air carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to the person in question.

A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and the person which accompanies this person in application of paragraph 2 of this Article, shall be offered the right to reimbursement or re-routing as provided in Article 8 of Regulation (EC) No 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met.

2.
     
  Under the same conditions as referred to in paragraph 1(a), an air carrier, its agent or a tour operator may request that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person.

3.   An air carrier or its agent
  shall make publicly
  available,
  in accessible formats and in at least the same languages as the information made available to other passengers
  , the safety rules that it applies to the carriage of
  disabled persons and
  persons with reduced mobility, as well as any restrictions on their carriage or on that of mobility equipment due to the size of
  aircraft. A
  tour operator
  shall make
  such safety rules and restrictions
  available for
  flights included in package travel, package holidays and package tours, which it organises, sells or offers for sale.

4.
     
  When an air carrier, or its agent or a tour operator exercises a derogation under paragraphs 1 or 2, it shall immediately inform the disabled person or person with reduced mobility of the reasons thereof. On request, an air carrier, its agent or a tour operator shall communicate these reasons in writing to the disabled person or person with reduced mobility, within five working days of the request.

Article 5

Designation of points of arrival and departure

In cooperation with airport users, through the Airport Users Committee where one exists, and relevant organisations representing disabled persons and persons with reduced mobility, the managing body of an airport shall, taking account of local conditions, designate points of arrival and departure within the airport boundary or at a point under the direct control of the managing body, both inside and outside terminal buildings, at which disabled persons or persons with reduced mobility can, with ease, announce their arrival at the airport and request assistance. These points of arrival and departure, which have been designated by the managing body of the airport, intended for disabled persons and persons with reduced mobility and labelled as such, shall offer basic information about the airport, in accessible formats.

Article 6

Transmission of information

1.
     
  Air carriers, their agents and tour operators shall take all measures necessary for the receipt, at all their points of sale on the territory of a Member State to which the Treaty applies, including sale by telephone and via the Internet, of notifications of the need for assistance made by disabled persons or persons with reduced mobility.

2.
     
  When an air carrier or its agent or a tour operator receives a notification of the need for assistance within the period laid down in Article 7(1), it shall transmit the information concerned at least 36 hours before the published departure time for the flight:

| — | to the managing bodies of the airports of departure, of arrival and of transit, and |
| --- | --- |

—

to the managing bodies of the airports of departure, of arrival and of transit, and

| — | to the operating carrier, if a reservation was not made with that carrier, unless the identity of the operating carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable. |
| --- | --- |

—

to the operating carrier, if a reservation was not made with that carrier, unless the identity of the operating carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable.

In all other cases, the air carrier or its agent or tour operator shall transmit the information as soon as possible.

3.
     
  As soon as possible after the departure of the flight, an operating air carrier shall inform the managing body of the airport of destination, if situated on the territory of a Member State to which the Treaty applies, of the number of disabled persons and persons with reduced mobility on that flight requiring assistance specified in Annex I and of the nature of that assistance.

Article 7

Right to assistance at airports

1.   
  When a disabled person or
  person with reduced mobility
  arrives at an airport for onward travel by air
  , the managing body of the airport shall
  be responsible for ensuring the provision of
  the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance is made to the air carrier
  , its agent or the
  tour operator concerned
  48 hours
  before the published time of departure of the flight.
  This notification shall also cover the return flight, if the outward flight and the return flight have been contracted with the same air carrier.

2.
     
  Where use of a recognised assistance dog is required, this shall be accommodated provided that notification of the same is made to the air carrier or its agent or the tour operator in accordance with applicable national rules covering the carriage of assistance dogs on board aircraft, where such exist.

3.   If no notification is made in accordance with paragraph 1, the managing body shall make all reasonable efforts to provide the assistance specified in Annex I in such a way that the person concerned is able to take the flight on which he or she holds a reservation.

4.   The provisions of
  paragraph 1
  shall apply on condition that:

| (a) | the person presents himself or herself for check-in:






  — | at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or |
| --- | --- | --- |

(a)

the person presents himself or herself for check-in:

—

at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or

| — | if no time is stipulated, not later than one hour before the published departure time, or |
| --- | --- |

—

if no time is stipulated, not later than one hour before the published departure time, or

| (b) | the person arrives at a point
  within the
  airport
  boundary
  designated in accordance with
  Article 5:








  — | at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or |
| --- | --- | --- |

(b)

the person arrives at a point
  within the
  airport
  boundary
  designated in accordance with
  Article 5:

—

at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or

| — | if no time is stipulated, not later than two hours before the published departure time. |
| --- | --- |

—

if no time is stipulated, not later than two hours before the published departure time.

5.   
  When a disabled person or person with reduced mobility transits through an airport to which this regulation applies
  , or is transferred by an air carrier or a tour operator from the flight for which he or she holds a reservation to another flight, the managing body shall
  be responsible for ensuring the provision of
  assistance specified in Annex I in such a way that the person is able to take the flight on which he or she holds a reservation.

6.   On
  the
  arrival by air of a
  disabled person or
  person with reduced mobility at an airport to which this Regulation applies, the managing body of the airport shall be responsible for esnsuring the provision of the assistance specified in Annex I in such a way that the person is able to reach his or her point of departure from the airport as referred to in
  Article 5
  .

7.
     
  The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger.

Article 8

Responsibility for assistance at airports

1.   The managing body of an airport shall
  be responsible for ensuring the provision of
  the assistance specified in Annex I
  without additional
  charge to
  disabled persons and
  persons with reduced
  mobility
  .

2.
     
  The managing body may provide such assistance itself. Alternatively, in keeping with its responsibility, and subject always to compliance with the quality standards mentioned in Article 9(1), the managing body may contract with one or more other parties for the supply of the assistance. In cooperation with airport users, through the Airport Users Committee where one exists, the managing body may enter into such a contract or contracts on its own initiative or on request, including from an air carrier, and taking into account the existing services at the airport concerned. In the event that it refuses such a request, the managing body shall provide written justification.

3.   The managing body of an
  airport may on a non-discriminatory basis,
  levy a
  specific
  charge on airport users for the purpose of funding this assistance.

4.   
  This specific charge shall
  be
  reasonable
  , cost-related, transparent and established
  by the managing body of the airport in cooperation with airport users, through
  the Airport Users Committee where one exists
  or any other appropriate entity
  . It shall be shared among airport users in proportion to the
  total
  number of
  all
  passengers that each carries to and from that airport.

5.
     
  The managing body of an airport shall separate the accounts of its activities in relation to the assistance provided to disabled persons and persons with reduced mobility from the accounts of its other activities, in accordance with current commercial practice.

6.
     
  The managing body of an airport shall make available to airport users, through the Airport Users Committee where one exists or any other appropriate entity, as well as to the enforcement body or bodies referred to in Article 14, an audited annual overview of charges received and expenses made in respect of the assistance provided to disabled persons and persons with reduced mobility.

Article 9

Quality standards for assistance

1.   With the exception of airports whose annual traffic is
  less than 150 000 commercial
  passenger movements, the managing body shall set quality standards for the assistance specified in Annex I and determine resource requirements for meeting them,
  in cooperation with
  airport users, through the Airport Users Committee where one exists, and organisations representing
  disabled passengers and
  passengers with reduced mobility. In the setting of such standards, full account shall be taken of internationally recognised policies and codes of conduct concerning the facilitation of the transport of
  disabled persons or
  persons with reduced mobility,
  notably the ECAC Code of Good Conduct.
  The managing body of an airport shall publish its quality standards.

2.   An air carrier and the managing body of an airport may agree that, for the passengers whom that air carrier transports to and from the airport, the managing body shall provide assistance of a higher standard than the standards mentioned in paragraph 1 or provide services additional to those specified in Annex I. For the purpose of funding either of these, the managing body may levy a charge on the air carrier additional to that mentioned in Article 8(3), which shall be transparent, cost related and established after consultation of the air carrier concerned.

Article 10

Assistance by air carriers

An air carrier shall provide the assistance specified in Annex II
  without additional
  charge to
  a disabled person or
  person with reduced mobility departing from,
  arriving at
  or
  transiting
  through an airport to which this Regulation applies provided that the person fulfils the conditions set out in
  Article 7(1), (2) and (4).

Article 11

Training

Air carriers and airport managing bodies shall:

| (a) | ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments; |
| --- | --- |

(a)

ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments;

| (b) | provide disability equality and disability awareness training to all their personnel working at the airport who deal directly with the travelling public; |
| --- | --- |

(b)

provide disability equality and disability awareness training to all their personnel working at the airport who deal directly with the travelling public;

| (c) | ensure that, upon recruitment, all new employees attend disability related training and that personnel receive refresher training courses when appropriate. |
| --- | --- |

(c)

ensure that, upon recruitment, all new employees attend disability related training and that personnel receive refresher training courses when appropriate.

Article 12

Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices

Where wheelchairs, other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law.

Article 13

Exclusion of waiver

Obligations towards
  disabled persons and
  persons with reduced mobility pursuant to this regulation shall not be limited or waived.

Article 14

Enforcement

1.   Each Member State shall designate a body
  or bodies
  responsible for the enforcement of this Regulation as regards flights departing from or arriving at airports situated on its territory. Where appropriate, this body or bodies shall take the measures necessary to ensure that the rights of
  disabled persons and
  persons with reduced mobility are respected, including compliance with the quality standards mentioned in Article 9 (1). The Member States shall inform the Commission of the body or bodies designated.

2.
     
  Member States shall, where appropriate, provide that the enforcement body or bodies designated under paragraph 1 shall also ensure the satisfactory implementation of Article 8, including as regards the provisions on charges with a view to avoiding unfair competition. They may also designate a specific body to that effect.

3.   Complaints may be made to any body
  or bodies
  designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this
  Regulation.

4.
     
  A body in one Member State who receives a complaint concerning a matter that falls under the responsibility of a designated body of another Member State shall forward the complaint to the body of that other Member State.

5.
     
  The Member States shall take measures to inform disabled persons and persons with reduced mobility of their rights under this Regulation and of the possibility of complaint to this designated body or bodies.

Article 15

Penalties

The Member States shall lay down rules on penalties applicable to, infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member states shall notify those provisions to the
  Commission and
  shall notify it without delay of any subsequent amendment affecting them.

Article 16

Report

The Commission shall report to the European Parliament and the Council by 1 January 2010 at the latest on the operation and the effects of this Regulation. The report shall be accompanied where necessary by legislative proposals implementing in further detail the provisions of this Regulation, or revising it.

Article 17

Entry into force

This regulation shall enter into force on
  the 20th day following its publication in the Official Journal of the European Union. It shall apply with effect from ... (9), except Articles 3 and 4, which shall apply with effect from ... (10)

  .

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 24, 31.1.2006, p. 12
  .

1

24

31.1.2006

12

(2)  OJ C ...

2

(3)  Position of the European Parliament of 15 December 2005.

3

Position of the European Parliament of 15 December 2005

(4)  OJ L 158, 23.6.1990, p. 59.

4

(5)  OJ L 46, 17.2.2004, p. 1.

5

(6)  OJ L 272, 25.10.1996, p. 36. Directive amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

6

(7)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

7

(8)  OJ L 240, 24.8.1992, p. 1.

8

(9)  Two years following the date of publication in the Official Journal.

9

(10)  One year following the date of publication in the Official Journal.

10

ANNEX I

ASSISTANCE
  UNDER THE RESPONSIBILITY OF THE
  MANAGING BODIES OF AIRPORTS

Assistance and arrangements necessary to enable
  disabled persons and
  persons with reduced mobility to:

| — | communicate their arrival at an airport and their request for assistance at the designated points inside and outside terminal buildings mentioned in
  Article 5; |
| --- | --- |

—

communicate their arrival at an airport and their request for assistance at the designated points inside and outside terminal buildings mentioned in
  Article 5;

| — | move from a designated point to the check-in counter; |
| --- | --- |

—

move from a designated point to the check-in counter;

| — | check-in and register baggage; |
| --- | --- |

—

check-in and register baggage;

| — | proceed from the check-in counter to the aircraft, with completion of emigration, customs and security procedures; |
| --- | --- |

—

proceed from the check-in counter to the aircraft, with completion of emigration, customs and security procedures;

| — | board the aircraft, with the provision of lifts, wheelchairs or other assistance needed
  , as appropriate; |
| --- | --- |

—

board the aircraft, with the provision of lifts, wheelchairs or other assistance needed
  , as appropriate;

| — | proceed from the aircraft door to their seats; |
| --- | --- |

—

proceed from the aircraft door to their seats;

| — | store and retrieve baggage on the aircraft; |
| --- | --- |

—

store and retrieve baggage on the aircraft;

| — | proceed from their seats to the aircraft door; |
| --- | --- |

—

proceed from their seats to the aircraft door;

| — | disembark from the aircraft, with the provision of lifts, wheelchairs or other assistance needed
  , as appropriate
  ; |
| --- | --- |

—

disembark from the aircraft, with the provision of lifts, wheelchairs or other assistance needed
  , as appropriate
  ;

| — | proceed from the aircraft to the baggage hall and retrieve baggage, with completion of immigration and customs procedures; |
| --- | --- |

—

proceed from the aircraft to the baggage hall and retrieve baggage, with completion of immigration and customs procedures;

| — | proceed from the baggage hall to a designated point; |
| --- | --- |

—

proceed from the baggage hall to a designated point;

| — | reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals as needed; |
| --- | --- |

—

reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals as needed;

| — | move to the toilet facilities if required. |
| --- | --- |

—

move to the toilet facilities if required.

Where a disabled person or person with reduced mobility is assisted by an accompanying person, this person must, if requested, be allowed to provide the necessary assistance in the airport and with embarking and disembarking.

Ground handling of
  all necessary
  mobility equipment, including
  equipment such as
  electric wheelchairs (subject to advance warning of
  48 hours
  and to possible limitations of space on board the aircraft,
  and subject to the application of relevant legislation concerning dangerous goods
  ).

Temporary replacement of damaged or lost mobility equipment,
  albeit not necessarily on a like-for-like basis.

Ground handling of
  recognised assistance
  dogs, when relevant.

Communication of information needed to take flights in accessible formats.

ANNEX II

ASSISTANCE BY AIR CARRIERS

Carriage of
  recognised assistance
  dogs in the cabin, subject to national
  regulations
  .

In addition to medical equipment,
  transport of
  up to two pieces
  of mobility equipment per
  disabled person or person
  with reduced mobility, including electric wheelchairs (subject to advance warning of
  48 hours
  and to possible limitations of space on board the aircraft
  , and subject to the application of relevant legislation concerning dangerous goods
  ).

Communication of
  essential
  information concerning a flight in accessible formats.

The making of all reasonable efforts to arrange
  seating to meet the needs of individuals with
  disability or
  reduced mobility on request and subject to safety requirements
  and availability.

Assistance in moving to toilet facilities if required.

Where a disabled person or person with reduced mobility is assisted by an accompanying person, the air carrier will make all reasonable efforts to give such person a seat next to the disabled person or person with reduced mobility.

P6_TA(2005)0520

Measures for Sugar Protocol countries ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing accompanying measures for Sugar Protocol countries affected by the reform of the EU sugar regime (COM(2005)0266 — C6-0210/2005 — 2005/0117(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0266) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0266) (1),

| — | having regard to Article 251(2) and Article 179 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0210/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 179 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0210/2005),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development and the opinion of the Committee on Budgets (A6-0281/2005), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinion of the Committee on Budgets (A6-0281/2005),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial framework is compatible with the heading 4 ceiling of the financial perspective only if it respects the overall financing solution for heading 4, pursuant to the provisions of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (2); |
| --- | --- |

2.

Considers that the financial framework is compatible with the heading 4 ceiling of the financial perspective only if it respects the overall financing solution for heading 4, pursuant to the provisions of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (2);

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and the Council (OJ L 269, 14.10.2005, p. 24).

P6_TC1-COD(2005)0117

Position of the European Parliament adopted at first reading on 15 December 2005 with a view to the adoption of Regulation (CE) No .../2005 of the European Parliament and of the Council establishing accompanying measures for Sugar Protocol countries affected by the reform of the EU sugar regime

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

| (1) | The European Community is committed, within the framework of the ACP-EC Partnership Agreement (2), to supporting the ACP countries on their path to poverty reduction and to sustainable development, and recognises the importance of the commodity sectors and their related Protocols. |
| --- | --- |

(1)

The European Community is committed, within the framework of the ACP-EC Partnership Agreement (2), to supporting the ACP countries on their path to poverty reduction and to sustainable development, and recognises the importance of the commodity sectors and their related Protocols.

| (2) | The provisions of the common organisation of the markets in the sugar sector established by Council Regulation (EC) No 1260/2001 of 19 June 2001 (3)

  will be revised, taking into account the legislative proposals presented
  by the Commission to the Council
  . |
| --- | --- |

(2)

The provisions of the common organisation of the markets in the sugar sector established by Council Regulation (EC) No 1260/2001 of 19 June 2001 (3)

  will be revised, taking into account the legislative proposals presented
  by the Commission to the Council
  .

| (3) | Under the Sugar Protocol, attached to Annex V of the ACP-EC Partnership Agreement, some ACP countries
  rely
  on the EU market to export sugar. The reform
  will significantly
  alter their market conditions. |
| --- | --- |

(3)

Under the Sugar Protocol, attached to Annex V of the ACP-EC Partnership Agreement, some ACP countries
  rely
  on the EU market to export sugar. The reform
  will significantly
  alter their market conditions.

| (4) | The adjustment process of the Sugar Protocol countries to these new market conditions
  will
  be complex, considering the socio-economic importance
  and the multifunctional role
  of the sugar sector and its significant degree of reliance on the EU market, for several of these states. |
| --- | --- |

(4)

The adjustment process of the Sugar Protocol countries to these new market conditions
  will
  be complex, considering the socio-economic importance
  and the multifunctional role
  of the sugar sector and its significant degree of reliance on the EU market, for several of these states.

| (5) | In its Communication to the Council and the European Parliament on accomplishing a sustainable agricultural model for Europe through the reformed CAP — sugar sector reform, the Commission committed itself to supporting the adjustment process of Sugar Protocol countries, and set out the principles for its support proposals in the Staff Working Document on an Action Plan on accompanying measures for Sugar Protocol countries affected by the reform of the EU sugar regime. This Working Document was discussed with the Sugar Protocol countries. |
| --- | --- |

(5)

In its Communication to the Council and the European Parliament on accomplishing a sustainable agricultural model for Europe through the reformed CAP — sugar sector reform, the Commission committed itself to supporting the adjustment process of Sugar Protocol countries, and set out the principles for its support proposals in the Staff Working Document on an Action Plan on accompanying measures for Sugar Protocol countries affected by the reform of the EU sugar regime. This Working Document was discussed with the Sugar Protocol countries.

| (6) | It is essential that
  Sugar Protocol countries
  receive
  support
  as quickly as possible
  to maximise the chances of successful adaptation to the new conditions, in full complementarity with existing assistance. |
| --- | --- |

(6)

It is essential that
  Sugar Protocol countries
  receive
  support
  as quickly as possible
  to maximise the chances of successful adaptation to the new conditions, in full complementarity with existing assistance.

| (7) | It is therefore necessary to grant Sugar Protocol countries
  financial and technical assistance, including budget support where appropriate, additional to that provided for in the framework of the ACPEC Partnership Agreement, to enable them to adapt to the new market conditions, offering a broad range of support to take into account heterogeneity of situations between countries and within a country.
  This must
  include upgrading the competitiveness of their sugar cane sector, developing alternative economic activities, and coping
  , with the help of adequate resources,
  with
  the serious
  broader social, environmental and economic consequences of a reduction of the contribution of the sugar sector to their economies, or a combination of several of these. |
| --- | --- |

(7)

It is therefore necessary to grant Sugar Protocol countries
  financial and technical assistance, including budget support where appropriate, additional to that provided for in the framework of the ACPEC Partnership Agreement, to enable them to adapt to the new market conditions, offering a broad range of support to take into account heterogeneity of situations between countries and within a country.
  This must
  include upgrading the competitiveness of their sugar cane sector, developing alternative economic activities, and coping
  , with the help of adequate resources,
  with
  the serious
  broader social, environmental and economic consequences of a reduction of the contribution of the sugar sector to their economies, or a combination of several of these.

| (8) | As this assistance should reflect the specific adjustment efforts required by each of these ACP suppliers as a consequence of the reform, objective criteria should be laid down to determine the extent of such assistance. |
| --- | --- |

(8)

As this assistance should reflect the specific adjustment efforts required by each of these ACP suppliers as a consequence of the reform, objective criteria should be laid down to determine the extent of such assistance.

| (9) | Such assistance should be provided for a period of one year, with continued support to be made available until 2013, by means of the development part of the Development Cooperation and Economic Cooperation Instrument. |
| --- | --- |

(9)

Such assistance should be provided for a period of one year, with continued support to be made available until 2013, by means of the development part of the Development Cooperation and Economic Cooperation Instrument.

| (10) | Since the objective of the action to be taken, namely to accompany the adaptation process of Sugar Protocol countries affected by the EU sugar reform, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the proposed action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(10)

Since the objective of the action to be taken, namely to accompany the adaptation process of Sugar Protocol countries affected by the EU sugar reform, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the proposed action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

| (11) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (4)
  , |
| --- | --- |

(11)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (4)
  ,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject

1.   A scheme for financial and technical assistance, including budget support where appropriate, is hereby established to accompany the adjustment process of Sugar Protocol countries, faced with new conditions on the sugar market due to the forthcoming reform of the common organisation of the market in sugar.

2.   Subject to Article 11(3), this scheme shall be implemented for the year 2006.

Article 2

Definitions

For the purpose of this Regulation:

| 1) | ‘Sugar Protocol countries’ means the ACP countries listed in the Annex, |
| --- | --- |

1)

‘Sugar Protocol countries’ means the ACP countries listed in the Annex,

| 2) | ‘sugar’ means raw cane or white cane sugar. |
| --- | --- |

2)

‘sugar’ means raw cane or white cane sugar.

Article 3

Eligibility for assistance and procedure

1.   Sugar Protocol countries shall be eligible for financial and technical assistance, including budget support, where appropriate.

2.   Financial and technical assistance shall be granted at the request of each Sugar Protocol country. Requests for financial and technical assistance shall be presented by ... (5).

3.   The requests shall be based on a comprehensive multi-annual adaptation strategy, defined by the country concerned in accordance with Article 4, in consultation with all stakeholders.
  The multi-annual adaptation strategy may include measures in the process of being implemented and also current and future financial impacts of social plans already implemented, on the express condition that the measures and social plans concerned are clearly in line with the objectives laid down in Article 4(1).

4.   Sugar Protocol countries which submit a request which is not based on a comprehensive, multi-annual adaptation strategy shall only be eligible in 2006 to financial and technical assistance aiming to contribute to the development of such a strategy.

Article 4

Multi-annual adaptation strategy

1.   The multi-annual adaptation strategy shall pursue one or more of the following objectives:

| (a) | to enhance the competitiveness of the sugar and cane sector, where this is a sustainable process, in particular in terms of the long-term economic viability of the sector, taking into account the situation of the different stakeholders in the chain, |
| --- | --- |

(a)

to enhance the competitiveness of the sugar and cane sector, where this is a sustainable process, in particular in terms of the long-term economic viability of the sector, taking into account the situation of the different stakeholders in the chain,

| (b) | to promote the economic diversification of sugar-dependent areas,
  for example by redirecting current sugar production towards the production of bio-ethanol and other non-food applications of sugar, |
| --- | --- |

(b)

to promote the economic diversification of sugar-dependent areas,
  for example by redirecting current sugar production towards the production of bio-ethanol and other non-food applications of sugar,

| (c) | to address broader impacts generated by the adaptation process, possibly related, but not restricted, to employment and social services, land use and environmental restoration, the energy sector, research and innovation and macro-economic stability. |
| --- | --- |

(c)

to address broader impacts generated by the adaptation process, possibly related, but not restricted, to employment and social services, land use and environmental restoration, the energy sector, research and innovation and macro-economic stability.

2.   The strategy shall at least define the objectives pursued, the approach and means identified to achieve them, the responsibilities of the different stakeholders, and the financial plan to implement the strategy.

It shall assess its sustainability under present and future market conditions, and in social and environmental terms. It shall demonstrate its consistency with general development strategies of the country and its poverty focus.

3.   Within the multi-annual strategy, a specific assistance plan for 2006 shall be defined. In the design of this plan, particular attention shall be given to:

| — | the pursuit of cost effectiveness and sustainable impact, |
| --- | --- |

—

the pursuit of cost effectiveness and sustainable impact,

| — | the clear definition and monitoring of objectives and indicators of achievement. |
| --- | --- |

—

the clear definition and monitoring of objectives and indicators of achievement.

Article 5

Measures adopted by the Commission

1.   After consultation with the Sugar Protocol country concerned, the multi-annual adaptation strategy shall be adopted under the procedure referred to in Article 7(2) and in accordance with Article 4.

2.   Special account will be taken of the individual situation of each Sugar Protocol country. For countries finding themselves in a political crisis, unrelated to the evolution of the sugar sector, the delivery of assistance under this Regulation will be assessed by the Commission on a case by case basis.

3.   Assistance to Sugar Protocol countries without a multi-annual adaptation strategy shall be subject in 2006 to an annual work programme, adopted under the procedure referred to in Article 7(2).

4.   The assistance provided for under this Regulation shall
  be complementary but additional to
  assistance provided under other instruments of development cooperation.

Article 6

Implementation of measures

The measures financed under this Regulation shall be implemented in accordance with general rules as set out in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002on the Financial Regulation applicable to the general budget of the European Communities
   (6). As regards management procedures, this refers in particular to Article 53(1)(a) and (2) of the Financial Regulation and Article 36 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002
   (7)
  laying down detailed rules for the implementation of Regulation EC, Euratom No 1605/2002.

Article 7

Committee procedure

1.   The Commission shall be assisted by the geographically competent committee for development.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 30 days.
  The European Parliament's right to be informed on a regular basis, in accordance with Article 7(3) of that Decision, must be fully respected.

3.   The Committee shall adopt its rules of procedure.

Article 8

Overall amount

The financial reference amount for implementation of this Regulation for 2006 is EUR 40 000 000.

Article 9

Allocation of overall amount

1.   Within the overall amount available for the year of validity of this Regulation, the Commission shall fix the maximum amount available to each Sugar Protocol country for financing the actions referred to in Articles 3(3) and 4(3), on the basis of the needs of each country, related in particular to the impact of the reform of the sugar sector in the country concerned and to the importance of the sugar sector to the economy. The measurement of the allocation criteria shall be based on data of campaigns preceding 2004.

2.   Further instructions regarding the allocation of the overall amount between Sugar Protocol countries shall be defined by the Commission, acting in accordance with the procedure referred to in Article 7(2).

3.   The financial reference amount for the implementation of the financial and technical assistance referred to in Article 3(4), aiming to contribute to the elaboration of a multi-annual strategy, is EUR 300 000.

4.   Within the overall amount, an indicative amount of 3% will be used to cover the human and material resources required for effective administration and supervision of the assistance.

Article 10

Protection of the financial interests of the Community

1.   Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to fraud, corruption and any other irregularities, in accordance with Regulations (EC, Euratom) No 2988/95 (8), (Euratom, EC) No 2185/96 (9) and (EC) No 1073/1999 (10).

2.   Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on-the-spot audit of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (Euratom, EC) No 2185/96.

3.   All contracts resulting from the implementation of assistance shall ensure the rights of the Commission and the Court of Auditors under paragraph 2 during and after the performance of the contracts.

Article 11

Period of validity

1.   This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

2.   It shall apply until 31 December 2006. It shall continue to apply for legal acts and commitments relating to the implementation of the 2006 budget year.

3.   In the event that the Development Cooperation and Economic Cooperation Instrument has not entered into force on 1 January 2007, the
  period of
  validity of this Regulation
  shall be extended until the date of entry into force of that instrument
  .

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 15 December 2005.

1

Position of the European Parliament of 15 December 2005.

(2)  Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (
  OJ L 317, 15.12.2000, p. 3

  ).

2

Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000

OJ

3

).

(3)  OJ L 178, 30.6.2001, p. 1
  . Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

3

1

Regulation

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

4

(5)  60 days after the entry into force of this Regulation.

5

60 days after the entry into force of this Regulation.

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

6

, p. 1

(7)  OJ L 357, 31.12.2002, p. 1

  . Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

7

, p. 1

. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

(8)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

8

(9)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11. 1996, p. 2).

9

(10)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

10

Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

ANNEX

SUGAR PROTOCOL COUNTRIES AS REFERRED TO IN ARTICLE 2

| 1. | Barbados |
| --- | --- |

1.

Barbados

| 2. | Belize |
| --- | --- |

2.

Belize

| 3. | Guyana |
| --- | --- |

3.

Guyana

| 4. | Jamaica |
| --- | --- |

4.

Jamaica

| 5. | Saint Kitts and Nevis |
| --- | --- |

5.

Saint Kitts and Nevis

| 6. | Trinidad and Tobago |
| --- | --- |

6.

Trinidad and Tobago

| 7. | Fiji |
| --- | --- |

7.

Fiji

| 8. | Republic of the Congo |
| --- | --- |

8.

Republic of the Congo

| 9. | Côte d'Ivoire |
| --- | --- |

9.

Côte d'Ivoire

| 10. | Kenya |
| --- | --- |

10.

Kenya

| 11. | Madagascar |
| --- | --- |

11.

Madagascar

| 12. | Malawi |
| --- | --- |

12.

Malawi

| 13. | Mauritius |
| --- | --- |

13.

Mauritius

| 14. | Mozambique |
| --- | --- |

14.

Mozambique

| 15. | Swaziland |
| --- | --- |

15.

Swaziland

| 16. | Tanzania |
| --- | --- |

16.

Tanzania

| 17. | Zambia |
| --- | --- |

17.

Zambia

| 18. | Zimbabwe |
| --- | --- |

18.

Zimbabwe

P6_TA(2005)0521

Protocol to the EEC-Seychelles fishing agreement *

European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles (COM (2005)0421 — C6-0321/2005 — 2005/0173(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (COM(2005)0421) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (COM(2005)0421) (1),

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

—

having regard to Article 37 and Article 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 (C6-0321/2005)), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0321/2005)),

| — | 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 (A6-0385/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development (A6-0385/2005),

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

1.

Approves the proposal for a Council regulation as amended and 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 Seychelles. |
| --- | --- |

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 Seychelles.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 2 |
| (2) As a result of those negotiations, a new Protocol defining for the period 18 January 2005 to 17 January 2011 the fishing opportunities and the financial contribution provided for in that Agreement was initialled on 23 September 2004. | (2) As a result of those negotiations, a new Protocol defining for the period 18 January 2005 to 17 January 2011 the fishing opportunities and the financial contribution provided for in that Agreement was initialled on 23 September 2004.
  The proposal for a regulation on the conclusion of the new Protocol was submitted to the European Parliament on 14 October 2005, i.e. 14 days after the deadline for the first payment. |
| Amendment 2 |
| Recital 4a (new) |
| | (4a) The EC financial contribution should also be used for the development of coastal populations living on fisheries. |
| Amendment 3 |
| Article 3a (new) |
| | Article 3a




  During the fourth year of the Protocol's implementation and also at the end of its validity, 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 and the conditions under which it was implemented. That report shall also include a cost-benefit analysis. |
| Amendment 4 |
| Article 3b (new) |
| | 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. |
| Amendment 5 |
| Article 3c (new) |
| | Article 3c




  The Commission shall report annually to the European Parliament and the Council on the results of the Seychelles' multi-annual sectoral programme described in Article 7 of the Protocol. |
| Amendment 6 |
| Article 3d (new) |
| | Article 3d




  The Commission shall forward to the European Parliament and the Council a copy of the reports on the targeted measures to promote responsible and sustainable fishing which the authorities of Seychelles have provided on the basis of the provisions of the Protocol. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 2

(2) As a result of those negotiations, a new Protocol defining for the period 18 January 2005 to 17 January 2011 the fishing opportunities and the financial contribution provided for in that Agreement was initialled on 23 September 2004.

(2) As a result of those negotiations, a new Protocol defining for the period 18 January 2005 to 17 January 2011 the fishing opportunities and the financial contribution provided for in that Agreement was initialled on 23 September 2004.
  The proposal for a regulation on the conclusion of the new Protocol was submitted to the European Parliament on 14 October 2005, i.e. 14 days after the deadline for the first payment.

Amendment 2

Recital 4a (new)

(4a) The EC financial contribution should also be used for the development of coastal populations living on fisheries.

Amendment 3

Article 3a (new)

Article 3a

During the fourth year of the Protocol's implementation and also at the end of its validity, 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 and the conditions under which it was implemented. That report shall also include a cost-benefit analysis.

Amendment 4

Article 3b (new)

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.

Amendment 5

Article 3c (new)

Article 3c

The Commission shall report annually to the European Parliament and the Council on the results of the Seychelles' multi-annual sectoral programme described in Article 7 of the Protocol.

Amendment 6

Article 3d (new)

Article 3d

The Commission shall forward to the European Parliament and the Council a copy of the reports on the targeted measures to promote responsible and sustainable fishing which the authorities of Seychelles have provided on the basis of the provisions of the Protocol.

---

(1)  Not yet published in OJ.

P6_TA(2005)0522

Common fisheries policy and the Law of the Sea *

European Parliament legislative resolution on the proposal for a Council regulation establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea (COM(2005)0117 — C6-0131/2005 — 2005/0045(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0117) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0117) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0131/2005), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0131/2005),

| — | 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 Fisheries and the opinion of the Committee on Budgets (A6-0340/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Budgets (A6-0340/2005),

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

1.

Approves the Commission proposal as amended;

| 2. | Specifies that the appropriations indicated in the proposal for a regulation are purely for guidance until agreement is reached on the financial perspective for the period 2007 and the following years; |
| --- | --- |

2.

Specifies that the appropriations indicated in the proposal for a regulation are purely for guidance until agreement is reached on the financial perspective for the period 2007 and the following years;

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

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

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

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

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

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

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 17 |
| Recital 4a (new) |
| | (4a) In addition, account should be taken of the conclusions of the Agriculture and Fisheries Council of July 2004 on Fisheries Partnership Agreements. |
| Amendment 1 |
| Article 3, point (f) |
| (f) | implementing measures relating to bilateral and multilateral agreements for the purposes of the CFP, and in particular towards
  improving
  the sustainability of the fisheries resources in third country waters and on the high seas; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 17

Recital 4a (new)

(4a) In addition, account should be taken of the conclusions of the Agriculture and Fisheries Council of July 2004 on Fisheries Partnership Agreements.

Amendment 1

Article 3, point (f)

(f)

implementing measures relating to bilateral and multilateral agreements for the purposes of the CFP, and in particular towards
  improving
  the sustainability of the fisheries resources in third country waters and on the high seas;

| (f) | implementing measures relating to bilateral and multilateral agreements for the purposes of the CFP, and in particular towards
  ensuring
  the sustainability of the fisheries resources in third country waters and on the high seas; |
| --- | --- |

(f)

implementing measures relating to bilateral and multilateral agreements for the purposes of the CFP, and in particular towards
  ensuring
  the sustainability of the fisheries resources in third country waters and on the high seas;

Amendment 2

Article 7, paragraph 1, point (a)

| (a) | developing, through partnership, the fisheries resource management and control capacities of third countries to ensure sustainable fishing and promoting the economic development of the fisheries sector in those countries by improving the scientific and technical evaluation of the fisheries concerned, monitoring and control of fishing activities, health conditions and the business environment in the sector; |
| --- | --- |

(a)

developing, through partnership, the fisheries resource management and control capacities of third countries to ensure sustainable fishing and promoting the economic development of the fisheries sector in those countries by improving the scientific and technical evaluation of the fisheries concerned, monitoring and control of fishing activities, health conditions and the business environment in the sector;

| (a) | developing, through partnership, the fisheries resource management and control capacities
  (including the Vessel Monitoring System (VMS) and other surveillance of illegal, unregulated and unreported (IUU) fishing)
  of third countries to ensure sustainable fishing and promoting the economic development of the fisheries sector in those countries by improving the scientific and technical evaluation of the fisheries concerned, monitoring and control of fishing activities, health conditions and the business environment in the sector; |
| --- | --- |

(a)

developing, through partnership, the fisheries resource management and control capacities
  (including the Vessel Monitoring System (VMS) and other surveillance of illegal, unregulated and unreported (IUU) fishing)
  of third countries to ensure sustainable fishing and promoting the economic development of the fisheries sector in those countries by improving the scientific and technical evaluation of the fisheries concerned, monitoring and control of fishing activities, health conditions and the business environment in the sector;

Amendment 3

Article 7, paragraph 1, point (aa) (new)

| (aa) | contributing towards rational and sustainable exploitation of the surplus of coastal States' marine resources, in particular by preventing the overfishing of stocks which are of interest for local people; in this context due account will be taken of the coastal State's priorities in favour of its private national sector; |
| --- | --- |

(aa)

Amendment 4

Article 7, paragraph 1, point (ab) (new)

| (ab) | improving scientific and technical knowledge of the fisheries in question, taking into account the existing and necessary work in the field carried out at the appropriate regional level and taking into consideration the likely impact of fishing on the environment, in particular by proposing to its partners the setting-up of scientific and technical committees at the appropriate level; |
| --- | --- |

(ab)

Amendment 5

Article 7, paragraph 1, point (ac) (new)

| (ac) | contributing towards combating illegal, unregulated and unreported fishing, in particular by stepping up in a non-discriminatory fashion the management, control and follow-up measures for fishing operations; |
| --- | --- |

(ac)

Amendment 6

Article 7, paragraph 1, point (b)

| (b) | safeguarding employment
  in the
  regions
  of the Community
  dependent on fishing; |
| --- | --- |

(b)

safeguarding employment
  in the
  regions
  of the Community
  dependent on fishing;

| (b) | safeguarding employment
  relating to fleets operating in the framework of the agreements, by virtue of their specific features and the fact that they belong to
  regions
  highly
  dependent on fishing; |
| --- | --- |

(b)

safeguarding employment
  relating to fleets operating in the framework of the agreements, by virtue of their specific features and the fact that they belong to
  regions
  highly
  dependent on fishing;

Amendment 7

Article 7, paragraph 1, point (ba) (new)

| (ba) | contributing towards strategies for the sustainable management of fisheries as defined by the coastal State, in particular by taking account of the development programmes elaborated at national and/or regional level with Community assistance in accordance with cooperation or association agreements; |
| --- | --- |

(ba)

Amendment 8

Article 7, paragraph 1, point (ca) (new)

| (ca) | fostering better global governance of fisheries at financial and political level, in particular by strengthening the capacity building of coastal States and by combating corruption; |
| --- | --- |

(ca)

Amendment 9

Article 10, paragraph 1, point (ba) (new)

| (ba) | data collection to support the development, appropriate assessment and monitoring of fisheries plans and activities in relation to the implementation of the marine Natura 2000 network; |
| --- | --- |

(ba)

Amendment 10

Article 10, paragraph 1, point (bb) (new)

| (bb) | data collection for Environmental Impact Assessment (EIA) of new fisheries and Strategic Environmental Assessment (SEA) of fisheries programmes and measures; |
| --- | --- |

(bb)

Amendment 11

Article 12, point (c)

| (c) | operating costs
  during the start-up phase (five years), and
  translation and interpreting costs
  of the RACs as provided for in Council Decision No 585/2004/EC; |
| --- | --- |

(c)

operating costs
  during the start-up phase (five years), and
  translation and interpreting costs
  of the RACs as provided for in Council Decision No 585/2004/EC;

| (c) | the RACs'
  operating costs, translation and interpreting costs
  , and costs of commissioning scientific advice
  ; |
| --- | --- |

(c)

the RACs'
  operating costs, translation and interpreting costs
  , and costs of commissioning scientific advice
  ;

Amendment 19

Article 12, subparagraph (ea) (new)

| (ea) | expenditure relating to the establishment and promotion of associations representing small-scale coastal fishing and the involvement thereof in the common fisheries policy decision-making process. |
| --- | --- |

(ea)

Amendment 12

Article 13, paragraph 1, point (a)

| (a) | expenditure arising from the fisheries agreements and fisheries partnership agreements which the Community has negotiated or intends to renew or negotiate with third countries
  ; |
| --- | --- |

(a)

expenditure arising from the fisheries agreements and fisheries partnership agreements which the Community has negotiated or intends to renew or negotiate with third countries
  ;

| (a) | expenditure arising from the fisheries agreements and fisheries partnership agreements which the Community has negotiated or intends to renew or negotiate with third countries
  subject, in the case of each agreement, to the level of expenditure proposed being recommended as providing value for money by an evaluation report on the agreement including full justification for all expenditure
  ; |
| --- | --- |

(a)

expenditure arising from the fisheries agreements and fisheries partnership agreements which the Community has negotiated or intends to renew or negotiate with third countries
  subject, in the case of each agreement, to the level of expenditure proposed being recommended as providing value for money by an evaluation report on the agreement including full justification for all expenditure
  ;

Amendment 13

Article 13, paragraph 2, subparagraph 1a (new)

By 31 December 2009, the Council shall adopt a framework regulation on third country fisheries agreements based on a proposal from the Commission. It shall specify general objectives for agreements, procedures for their negotiation and administration, and include criteria for their evaluation with respect to value to the Community, their coherence with other Community policies including development and environment, and their environmental, economic and social sustainability.

Amendment 14

Article 25, paragraph 4

4. Data transmitted or collected in whatever form under this Regulation shall be covered by professional secrecy and shall qualify for the same protection as that granted to similar data by the national legislation of the Member States receiving them, and by the corresponding provisions applying to the Community institutions.

4. Data transmitted or collected in whatever form under this Regulation shall be covered by professional secrecy and shall qualify for the same protection as that granted to similar data by the national legislation of the Member States receiving them, and by the corresponding provisions applying to the Community institutions.
  Nevertheless, summaries and aggregated data shall be published by the Commission.

Amendment 15

Article 29, paragraph 4

4.
  Under the principle of national sovereignty, only by
  agreement with the third country
  may
  the Commission carry out, or have carried out, financial audits
  of funds paid to third countries for measures financed under Article 13(a)
  .

4.
  For those funds paid to third countries for measures financed under Article 13(1)(a) that are intended for specific purposes, the Commission shall ensure that a prior
  agreement
  is reached
  with the third country
  to allow
  the Commission
  to
  carry out, or have carried out, financial audits
  and on-the-spot checks
  .

Amendment 16

Article 29, paragraph 4, subparagraph 1a (new)

Every fisheries partnership agreement or fisheries agreement shall, accordingly, contain a mechanism allowing the Commission to ascertain whether or not the monies paid to the third country under this Article have been disbursed in the manner designated by the agreement.

---

(1)  Not yet published in OJ.

P6_TA(2005)0523

Macro-financial assistance to Georgia *

European Parliament legislative resolution on the proposal for a Council decision providing macrofinancial assistance to Georgia (COM(2005)0571 — C6-0407/2005 — 2005/0224(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0571) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0571) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0407/2005), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0407/2005),

| — | having regard to Rules 51 and 134 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 134 of its Rules of Procedure,

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

1.

Approves the Commission proposal;

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

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0524

Commission legislative and work programme for 2006

European Parliament resolution on the Commission legislative and work programme for 2006

The European Parliament,

| — | having regard to the Communication of the Commission on its legislative and work programme 2006 — ‘Unlocking Europe's full potential’ (COM(2005)0531), |
| --- | --- |

—

having regard to the Communication of the Commission on its legislative and work programme 2006 — ‘Unlocking Europe's full potential’ (COM(2005)0531),

| — | having regard to Rules 33 and 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 33 and 103(4) of its Rules of Procedure,

| A. | whereas the annual legislative and work programme is an indispensable tool allowing the European Union to focus on achieving its key strategic objectives of fostering prosperity, solidarity and security within Europe and of reinforcing its role on the international stage, |
| --- | --- |

A.

whereas the annual legislative and work programme is an indispensable tool allowing the European Union to focus on achieving its key strategic objectives of fostering prosperity, solidarity and security within Europe and of reinforcing its role on the international stage,

| B. | whereas closer coordination and cooperation between the institutions of the Union and the strengthening of the European Council's ability to provide more credible political leadership of the affairs of the Union are prerequisites for the EU successfully to fulfil its strategic objectives and to be closer to its citizens, |
| --- | --- |

B.

whereas closer coordination and cooperation between the institutions of the Union and the strengthening of the European Council's ability to provide more credible political leadership of the affairs of the Union are prerequisites for the EU successfully to fulfil its strategic objectives and to be closer to its citizens,

| C. | considering the critical importance of 2006 for the institutional future of the European project and also for achieving the Lisbon objectives, |
| --- | --- |

C.

considering the critical importance of 2006 for the institutional future of the European project and also for achieving the Lisbon objectives,

| D. | having regard to the need to improve the quality of the EU's legislative, regulatory and administrative work and to this end to consider effectively the compatibility of all the Commission's existing or planned legislative proposals in the light of the cost of the planned measures, their impact on competitiveness and the need to respect the principle of subsidiarity and to reduce bureaucracy, |
| --- | --- |

D.

having regard to the need to improve the quality of the EU's legislative, regulatory and administrative work and to this end to consider effectively the compatibility of all the Commission's existing or planned legislative proposals in the light of the cost of the planned measures, their impact on competitiveness and the need to respect the principle of subsidiarity and to reduce bureaucracy,

Political priorities

| 1. | Approves the Commission's general orientations for its legislative and work programme for 2006, as it firmly agrees that the best way for Europe to respond to the challenge of globalisation and to achieve its strategic objectives is by unlocking its full potential and by promoting its common values at home and worldwide; calls on the EU institutions and the Member States' authorities, according to their competencies and responsibilities, to fully contribute to the fulfilment of this programme; |
| --- | --- |

1.

Approves the Commission's general orientations for its legislative and work programme for 2006, as it firmly agrees that the best way for Europe to respond to the challenge of globalisation and to achieve its strategic objectives is by unlocking its full potential and by promoting its common values at home and worldwide; calls on the EU institutions and the Member States' authorities, according to their competencies and responsibilities, to fully contribute to the fulfilment of this programme;

Growth, employment and competitiveness

| 2. | Welcomes the crucial importance accorded to stimulating growth and employment among the Commission's priorities and the emphasis on modernising the European economy; emphasises the central importance of implementing the revised Lisbon strategy both at national and at Community level, as well as the necessary development of human resources, knowledge, innovation and research; |
| --- | --- |

2.

Welcomes the crucial importance accorded to stimulating growth and employment among the Commission's priorities and the emphasis on modernising the European economy; emphasises the central importance of implementing the revised Lisbon strategy both at national and at Community level, as well as the necessary development of human resources, knowledge, innovation and research;

Reconnecting Europe with its citizens: debate on the future of Europe

| 3. | Insists on the urgent need to communicate Europe more effectively to its citizens and calls on the Commission to be more active in addressing the existing ‘communication gap’ and to increase citizens' confidence in the European project, particularly by showing them Europe's added value in their everyday lives; |
| --- | --- |

3.

Insists on the urgent need to communicate Europe more effectively to its citizens and calls on the Commission to be more active in addressing the existing ‘communication gap’ and to increase citizens' confidence in the European project, particularly by showing them Europe's added value in their everyday lives;

| 4. | Welcomes the Commission's Plan ‘D’ for democracy, dialogue and debate (COM(2005)0494), but calls for a properly coordinated interinstitutional campaign and strategy facilitating the rapid adoption of the European Constitution based on the existing draft Constitutional Treaty, which has already been ratified by more than half of the Member States, representing more than 50 % of the EU's population; |
| --- | --- |

4.

Welcomes the Commission's Plan ‘D’ for democracy, dialogue and debate (COM(2005)0494), but calls for a properly coordinated interinstitutional campaign and strategy facilitating the rapid adoption of the European Constitution based on the existing draft Constitutional Treaty, which has already been ratified by more than half of the Member States, representing more than 50 % of the EU's population;

Financial perspective

| 5. | Insists that the financial perspective 2007-2013 should provide the basis for the further development of a strong European Union and expects the Commission to defend its position, namely that the financial perspective must be set at a level sufficient to finance the EU's political priorities; |
| --- | --- |

5.

Insists that the financial perspective 2007-2013 should provide the basis for the further development of a strong European Union and expects the Commission to defend its position, namely that the financial perspective must be set at a level sufficient to finance the EU's political priorities;

| 6. | Emphasises that 2006 will be a year when more than 40 multiannual programmes will be concluded, and these must be able to start by the beginning of 2007 so that the new political priorities that are linked to the new generation of multiannual programmes can be implemented; calls on the Commission, independently of an agreement on the financial perspective, to be more resolute in its cooperation with Parliament (particularly in the area of external policy programmes) and to do everything possible to enable the necessary legislative procedures to be concluded; |
| --- | --- |

6.

Emphasises that 2006 will be a year when more than 40 multiannual programmes will be concluded, and these must be able to start by the beginning of 2007 so that the new political priorities that are linked to the new generation of multiannual programmes can be implemented; calls on the Commission, independently of an agreement on the financial perspective, to be more resolute in its cooperation with Parliament (particularly in the area of external policy programmes) and to do everything possible to enable the necessary legislative procedures to be concluded;

For a visible, coherent and interinstitutional Annual Programme

| 7. | Welcomes its own involvement in the preparation of the legislative and work programme; requests, nevertheless, that the Commission improve the coherence of the presentation and content of the Annual Programme, in particular by including the legal basis for every proposal, as well as improve the visibility of the Union's action; hopes that in the very near future the Annual Programme will become a real interinstitutional action programme through which interested citizens can be informed and can follow how the EU plans to address their problems; |
| --- | --- |

7.

Welcomes its own involvement in the preparation of the legislative and work programme; requests, nevertheless, that the Commission improve the coherence of the presentation and content of the Annual Programme, in particular by including the legal basis for every proposal, as well as improve the visibility of the Union's action; hopes that in the very near future the Annual Programme will become a real interinstitutional action programme through which interested citizens can be informed and can follow how the EU plans to address their problems;

A more competitive Europe, enjoying greater cohesion

Research, knowledge and qualifications

| 8. | Urges the Member States, as well the European Union, to intensify their respective efforts in the field of knowledge and research in accordance with the Lisbon strategy and, in this respect, urgently calls for the new framework programmes on research and competitiveness and innovation, and the i2010 initiative, to be given sufficient resources and for the Council fully to reflect their importance in budgetary terms as well; |
| --- | --- |

8.

Urges the Member States, as well the European Union, to intensify their respective efforts in the field of knowledge and research in accordance with the Lisbon strategy and, in this respect, urgently calls for the new framework programmes on research and competitiveness and innovation, and the i2010 initiative, to be given sufficient resources and for the Council fully to reflect their importance in budgetary terms as well;

| 9. | Welcomes the planned proposals for the creation of a European Institute of Technology and for the establishment, on a voluntary basis, of a European Qualifications Framework, but regrets the lack of more ambitious proposals to address the shortcomings in EU education systems; reiterates the call from both Parliament and the Council to promote excellence in European universities and higher education, and also better knowledge of languages; |
| --- | --- |

9.

Welcomes the planned proposals for the creation of a European Institute of Technology and for the establishment, on a voluntary basis, of a European Qualifications Framework, but regrets the lack of more ambitious proposals to address the shortcomings in EU education systems; reiterates the call from both Parliament and the Council to promote excellence in European universities and higher education, and also better knowledge of languages;

Single market

| 10. | Reaffirms the need, in order to improve the competitiveness of the European economy, to give a preeminent position to completing the internal market, in the interests of both consumers and businesses; |
| --- | --- |

10.

Reaffirms the need, in order to improve the competitiveness of the European economy, to give a preeminent position to completing the internal market, in the interests of both consumers and businesses;

| 11. | Urgently calls for measures to reduce bureaucracy for small and medium-sized enterprises, which generate two-thirds of jobs, and for simple, clear legislation which does not place obstacles in the path of business growth and innovation; |
| --- | --- |

11.

Urgently calls for measures to reduce bureaucracy for small and medium-sized enterprises, which generate two-thirds of jobs, and for simple, clear legislation which does not place obstacles in the path of business growth and innovation;

| 12. | Requests that the Commission not withdraw its proposals on a European mutual society and on a European association, and calls on the Commission to submit as soon as possible a proposal for a 14th directive on cross-border transfer of registered offices and to complete the feasibility study on assessing the specific need for a European private company and the problems that its creation would pose; |
| --- | --- |

12.

Requests that the Commission not withdraw its proposals on a European mutual society and on a European association, and calls on the Commission to submit as soon as possible a proposal for a 14th directive on cross-border transfer of registered offices and to complete the feasibility study on assessing the specific need for a European private company and the problems that its creation would pose;

| 13. | Calls on the Commission to ensure proper protection of intellectual property rights and to present as soon as possible a proposal for a single Community patent, which would offer more legal certainty and would promote innovation; |
| --- | --- |

13.

Calls on the Commission to ensure proper protection of intellectual property rights and to present as soon as possible a proposal for a single Community patent, which would offer more legal certainty and would promote innovation;

| 14. | Reiterates that the successful integration of financial services markets will certainly depend on timely transposition and effective implementation of existing legislation and on further convergence of supervisory practices; |
| --- | --- |

14.

Reiterates that the successful integration of financial services markets will certainly depend on timely transposition and effective implementation of existing legislation and on further convergence of supervisory practices;

| 15. | Urgently calls on the Commission to ensure that the Lamfalussy process functions effectively at all levels and in particular that Parliament's competences as co-legislator are preserved; |
| --- | --- |

15.

Urgently calls on the Commission to ensure that the Lamfalussy process functions effectively at all levels and in particular that Parliament's competences as co-legislator are preserved;

| 16. | Applauds the Commission's commitment to improving the proper functioning of the taxation system, as well as its intention to launch a debate on an EU anti-tax fraud strategy; |
| --- | --- |

16.

Applauds the Commission's commitment to improving the proper functioning of the taxation system, as well as its intention to launch a debate on an EU anti-tax fraud strategy;

| 17. | Welcomes the civil justice proposals, which will directly benefit citizens, in particular children, in cross-border issues such as divorce and matrimonial property regimes, but points out the need for more action in the area of civil justice as the only way to guarantee security and access to justice for citizens throughout Europe; |
| --- | --- |

17.

Welcomes the civil justice proposals, which will directly benefit citizens, in particular children, in cross-border issues such as divorce and matrimonial property regimes, but points out the need for more action in the area of civil justice as the only way to guarantee security and access to justice for citizens throughout Europe;

Transport and Trans-European Networks

| 18. | Underlines the need to plan very rapid implementation of the major trans-European transport network projects, which should be financed both by the EU budget and, as far as possible, by public-private partnerships; |
| --- | --- |

18.

Underlines the need to plan very rapid implementation of the major trans-European transport network projects, which should be financed both by the EU budget and, as far as possible, by public-private partnerships;

| 19. | Calls on the Commission to present a legislative proposal establishing minimum environmental and health requirements for the recycling of end-of-life vessels; requests the Commission to present legislative proposals on transport logistics to facilitate inter-modal transport and on the protection of critical transport and energy infrastructure; |
| --- | --- |

19.

Calls on the Commission to present a legislative proposal establishing minimum environmental and health requirements for the recycling of end-of-life vessels; requests the Commission to present legislative proposals on transport logistics to facilitate inter-modal transport and on the protection of critical transport and energy infrastructure;

| 20. | Welcomes the new maritime strategy, aimed at building a more cohesive Europe in terms of integrating the development of different public policies in this area; |
| --- | --- |

20.

Welcomes the new maritime strategy, aimed at building a more cohesive Europe in terms of integrating the development of different public policies in this area;

Cohesion policy

| 21. | Notes that the Lisbon strategy and cohesion policy are fundamentally linked, and considers that more effort to coordinate these two policies would result in greater coherence and better results for disadvantaged regions; |
| --- | --- |

21.

Notes that the Lisbon strategy and cohesion policy are fundamentally linked, and considers that more effort to coordinate these two policies would result in greater coherence and better results for disadvantaged regions;

| 22. | Calls on the Commission to do everything possible to ensure that the regulations on the Structural Funds for the period 2007 to 2013 and the strategic orientations are adopted in 2006; |
| --- | --- |

22.

Calls on the Commission to do everything possible to ensure that the regulations on the Structural Funds for the period 2007 to 2013 and the strategic orientations are adopted in 2006;

Enlarging the euro zone

| 23. | Considers that the euro helps to maintain a stable macroeconomic climate; suggests that preparations be made with a view to introducing the euro in countries moving most rapidly towards fulfilling the convergence criteria for accession to the euro zone, but urges the Commission to be rigorous in its evaluation of progress made by these countries; |
| --- | --- |

23.

Considers that the euro helps to maintain a stable macroeconomic climate; suggests that preparations be made with a view to introducing the euro in countries moving most rapidly towards fulfilling the convergence criteria for accession to the euro zone, but urges the Commission to be rigorous in its evaluation of progress made by these countries;

Improving the quality of life

Environment

| 24. | Requests the Commission to maintain a leading role in the fight against climate change and to develop strategies aimed at the inclusion of aviation in the EU emissions trading schemes; calls on the Commission to establish a framework paving the way for further commitments on emission reductions in the post-Kyoto period after 2012, thereby providing further incentives for the use of market-driven instruments to meet these goals; |
| --- | --- |

24.

Requests the Commission to maintain a leading role in the fight against climate change and to develop strategies aimed at the inclusion of aviation in the EU emissions trading schemes; calls on the Commission to establish a framework paving the way for further commitments on emission reductions in the post-Kyoto period after 2012, thereby providing further incentives for the use of market-driven instruments to meet these goals;

| 25. | Is in favour of pursuing a coordinated approach to tackle the continent's environmental challenges (such as floods, droughts and urban air quality); appreciates the reference to the importance of safeguarding biodiversity at European and international level; |
| --- | --- |

25.

Is in favour of pursuing a coordinated approach to tackle the continent's environmental challenges (such as floods, droughts and urban air quality); appreciates the reference to the importance of safeguarding biodiversity at European and international level;

Sustainable and innovative energy sources

| 26. | Welcomes the impetus given to energy policy, and particularly the envisaged Green Paper aimed at ensuring secure, competitive and sustainable energy sources, which will be of major importance in defining a global strategy to respond to the challenges in the energy sector (such as energy efficiency, development of an integrated network and promoting sources of renewable energy); considers that a legislative proposal on heating and cooling by renewable energy sources should be an integral part of the strategy; |
| --- | --- |

26.

Welcomes the impetus given to energy policy, and particularly the envisaged Green Paper aimed at ensuring secure, competitive and sustainable energy sources, which will be of major importance in defining a global strategy to respond to the challenges in the energy sector (such as energy efficiency, development of an integrated network and promoting sources of renewable energy); considers that a legislative proposal on heating and cooling by renewable energy sources should be an integral part of the strategy;

Agriculture, rural development, fisheries and tourism

| 27. | Stresses the importance of the reform of the Common Agriculture Policy and of fully implementing the reforms already agreed, as well as investing more in research and technology in these sectors; |
| --- | --- |

27.

Stresses the importance of the reform of the Common Agriculture Policy and of fully implementing the reforms already agreed, as well as investing more in research and technology in these sectors;

| 28. | Notes that reforms in the area of agriculture and fisheries have already signposted the way towards sustainability and increased competitiveness, and in this context welcomes the sectoral reforms (wine, fruit and vegetables, and bananas) envisaged for 2006; |
| --- | --- |

28.

Notes that reforms in the area of agriculture and fisheries have already signposted the way towards sustainability and increased competitiveness, and in this context welcomes the sectoral reforms (wine, fruit and vegetables, and bananas) envisaged for 2006;

| 29. | Welcomes the launch of work to simplify the Common Agricultural Policy and awaits with great interest the relevant action plan, so that the administrative constraints currently imposed on farmers can be drastically and rapidly reduced; |
| --- | --- |

29.

Welcomes the launch of work to simplify the Common Agricultural Policy and awaits with great interest the relevant action plan, so that the administrative constraints currently imposed on farmers can be drastically and rapidly reduced;

| 30. | Notes with regret the absence of initiatives in the field of fisheries and calls therefore on the Commission to, in particular, set up specific programmes to promote applied and fundamental research and to ensure that those programmes are allocated sufficient budgetary resources; |
| --- | --- |

30.

Notes with regret the absence of initiatives in the field of fisheries and calls therefore on the Commission to, in particular, set up specific programmes to promote applied and fundamental research and to ensure that those programmes are allocated sufficient budgetary resources;

| 31. | Calls on the Commission to make a contribution additional to the action of the Member States in the field of tourism, an area which plays an important role in the European economy and helps to create jobs; |
| --- | --- |

31.

Calls on the Commission to make a contribution additional to the action of the Member States in the field of tourism, an area which plays an important role in the European economy and helps to create jobs;

Social policy

| 32. | Welcomes the follow-up to the 2005 Green Paper on demographic trends in the EU and expects the Commission's proposals for concrete actions to contribute to tackling Europe's demographic ageing problem, given that the working population will fall by nearly 21 million within the next 20 years; attaches particular importance to increasing active participation in the job market by people of working age, with a view to achieving the Lisbon objective of a participation rate of 70 % in 2010; |
| --- | --- |

32.

Welcomes the follow-up to the 2005 Green Paper on demographic trends in the EU and expects the Commission's proposals for concrete actions to contribute to tackling Europe's demographic ageing problem, given that the working population will fall by nearly 21 million within the next 20 years; attaches particular importance to increasing active participation in the job market by people of working age, with a view to achieving the Lisbon objective of a participation rate of 70 % in 2010;

| 33. | Underlines the need for a family support policy and for the promotion of a suitable environment for children, in order to make it easier to combine work and family life; proposes, in particular, revising Council Directive 96/34/EC (1) on parental leave with a view to making it more relevant and effective; |
| --- | --- |

33.

Underlines the need for a family support policy and for the promotion of a suitable environment for children, in order to make it easier to combine work and family life; proposes, in particular, revising Council Directive 96/34/EC (1) on parental leave with a view to making it more relevant and effective;

| 34. | Welcomes the plans for a communication on the rights of the child which would offer an important opportunity for the Commission to address the so-called ‘invisibility’ of children's rights at EU level; |
| --- | --- |

34.

Welcomes the plans for a communication on the rights of the child which would offer an important opportunity for the Commission to address the so-called ‘invisibility’ of children's rights at EU level;

| 35. | Welcomes the fact that 2006 has been declared European Year of Mobility for Workers and calls on the Commission to be more active in safeguarding and promoting the right of free movement for workers from all Member States; |
| --- | --- |

35.

Welcomes the fact that 2006 has been declared European Year of Mobility for Workers and calls on the Commission to be more active in safeguarding and promoting the right of free movement for workers from all Member States;

| 36. | Calls on the Commission to propose and commit itself to more long-term solutions to the challenges of globalisation; stresses the importance of education and training as the best way to enhance opportunities for people to find jobs in new areas of employment; |
| --- | --- |

36.

Calls on the Commission to propose and commit itself to more long-term solutions to the challenges of globalisation; stresses the importance of education and training as the best way to enhance opportunities for people to find jobs in new areas of employment;

| 37. | Stresses the need to adjust and modernise the European social model in order for it to remain a core element of our European society; |
| --- | --- |

37.

Stresses the need to adjust and modernise the European social model in order for it to remain a core element of our European society;

Gender equality

| 38. | Notes the forthcoming presentation of a communication setting out a road map for gender equality and underlines the fact that the principle of equal pay for work of equal value was introduced thirty years ago by Council Directive 75/117/EEC (2); recalls the Lisbon objective of achieving a female employment rate of 60 % by 2010; |
| --- | --- |

38.

Notes the forthcoming presentation of a communication setting out a road map for gender equality and underlines the fact that the principle of equal pay for work of equal value was introduced thirty years ago by Council Directive 75/117/EEC (2); recalls the Lisbon objective of achieving a female employment rate of 60 % by 2010;

| 39. | Calls on the Commission, in cooperation with Eurostat, the Fundamental Rights Agency and the future Gender Institute, to establish harmonised methodologies, definitions and criteria in order to gather comparable and compatible data throughout the European Union on violence against women, especially comprehensive studies of its prevalence; |
| --- | --- |

39.

Calls on the Commission, in cooperation with Eurostat, the Fundamental Rights Agency and the future Gender Institute, to establish harmonised methodologies, definitions and criteria in order to gather comparable and compatible data throughout the European Union on violence against women, especially comprehensive studies of its prevalence;

Culture

| 40. | Regrets the absence of a reference to Europe's cultural dimension, and calls on the Commission to work with the governments of the new Member States and with the candidate countries of Central and Eastern Europe to promote cultural diversity and increase public awareness across the EU; |
| --- | --- |

40.

Regrets the absence of a reference to Europe's cultural dimension, and calls on the Commission to work with the governments of the new Member States and with the candidate countries of Central and Eastern Europe to promote cultural diversity and increase public awareness across the EU;

| 41. | Urges ratification of the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions by the EU and its Member States and requests the Commission, by the end of 2006, to submit the proposals and undertake the initiatives needed to implement the Convention at EU level; |
| --- | --- |

41.

Urges ratification of the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions by the EU and its Member States and requests the Commission, by the end of 2006, to submit the proposals and undertake the initiatives needed to implement the Convention at EU level;

Health

| 42. | Stresses that the Commission must ensure a proper follow-up to its communications on the fight against obesity, heart diseases, diabetes, cancer, mental disorders and HIV/AIDS; |
| --- | --- |

42.

Stresses that the Commission must ensure a proper follow-up to its communications on the fight against obesity, heart diseases, diabetes, cancer, mental disorders and HIV/AIDS;

| 43. | Calls on the Commission to increase its commitment to developing a coherent policy on health emergencies, disability, patient mobility and patient information; |
| --- | --- |

43.

Calls on the Commission to increase its commitment to developing a coherent policy on health emergencies, disability, patient mobility and patient information;

A Europe with greater security and freedom

Area of freedom, security and justice

| 44. | Reaffirms, in the context of the deadly terrorist attacks in London and Madrid, the importance of implementing the Hague Programme; eagerly awaits the interim progress report on implementing the Hague Action Plan, and calls for this evaluation to highlight the major shortcomings in applying EU law in the area of justice and home affairs; stresses that the reasons for the lack of progress in implementing the Hague Action Plan lie with the Council, which has regularly blocked the objectives set by the European Council; |
| --- | --- |

44.

Reaffirms, in the context of the deadly terrorist attacks in London and Madrid, the importance of implementing the Hague Programme; eagerly awaits the interim progress report on implementing the Hague Action Plan, and calls for this evaluation to highlight the major shortcomings in applying EU law in the area of justice and home affairs; stresses that the reasons for the lack of progress in implementing the Hague Action Plan lie with the Council, which has regularly blocked the objectives set by the European Council;

| 45. | Stresses that increased security for citizens must never compromise the protection of their fundamental rights; |
| --- | --- |

45.

Stresses that increased security for citizens must never compromise the protection of their fundamental rights;

| 46. | Calls on the Commission to continue prioritising measures to combat terrorism and organised crime, particularly measures relating to the financing of terrorism, while also tackling the problem of radicalisation; |
| --- | --- |

46.

Calls on the Commission to continue prioritising measures to combat terrorism and organised crime, particularly measures relating to the financing of terrorism, while also tackling the problem of radicalisation;

| 47. | Calls on the Commission to continue, as a matter of urgency, its work on legally clear and better drafted common definitions of certain serious crimes with a cross-border dimension, notably terrorism, trafficking in drugs and human beings, money laundering and cyber crime; |
| --- | --- |

47.

Calls on the Commission to continue, as a matter of urgency, its work on legally clear and better drafted common definitions of certain serious crimes with a cross-border dimension, notably terrorism, trafficking in drugs and human beings, money laundering and cyber crime;

| 48. | Deems it essential to fight against terrorism with improved intelligence exchange, effective operational cooperation and reinforced counteraction against terrorist financing; |
| --- | --- |

48.

Deems it essential to fight against terrorism with improved intelligence exchange, effective operational cooperation and reinforced counteraction against terrorist financing;

| 49. | Calls on the Commission to propose a proper EU legal basis for Europol, which would strengthen its future role and ensure its effectiveness; |
| --- | --- |

49.

Calls on the Commission to propose a proper EU legal basis for Europol, which would strengthen its future role and ensure its effectiveness;

| 50. | Notes with regret that only a few initiatives concern issues of freedom or easier access to justice for citizens in matters concerning their daily lives; calls on the Commission to take into account Parliament's opinions and proposals in this area and to be more active in promoting the protection and exercise of fundamental rights; |
| --- | --- |

50.

Notes with regret that only a few initiatives concern issues of freedom or easier access to justice for citizens in matters concerning their daily lives; calls on the Commission to take into account Parliament's opinions and proposals in this area and to be more active in promoting the protection and exercise of fundamental rights;

Borders and immigration

| 51. | Is aware that the management of immigration flows constitutes a key issue for the immediate and long-term future of our peoples; considers that the fight against illegal immigration, conducted in accordance with the humanitarian traditions of our continent, and the integration of legal immigrants should be two linked aspects of the same issue; calls, therefore, on the Commission to take all appropriate measures which could contribute to a sound management of this crucial issue; |
| --- | --- |

51.

Is aware that the management of immigration flows constitutes a key issue for the immediate and long-term future of our peoples; considers that the fight against illegal immigration, conducted in accordance with the humanitarian traditions of our continent, and the integration of legal immigrants should be two linked aspects of the same issue; calls, therefore, on the Commission to take all appropriate measures which could contribute to a sound management of this crucial issue;

| 52. | Believes in the need for a common EU visa policy, and considers that the Visa Information System (VIS) and Schengen Information System (SIS II) are two key elements of this policy; |
| --- | --- |

52.

Believes in the need for a common EU visa policy, and considers that the Visa Information System (VIS) and Schengen Information System (SIS II) are two key elements of this policy;

| 53. | Stresses the need for a joint effort to reduce illegal immigration, particularly by strengthening border control capacities, improving computer systems and increasing use of biometric data, through systems such as VIS and SIS II; |
| --- | --- |

53.

Stresses the need for a joint effort to reduce illegal immigration, particularly by strengthening border control capacities, improving computer systems and increasing use of biometric data, through systems such as VIS and SIS II;

| 54. | Welcomes the establishment and official start of the activities of the European External Borders Agency (the Frontex Agency) and believes that it will substantially contribute to strengthening the security of external borders and help successfully to combat international organised crime; |
| --- | --- |

54.

Welcomes the establishment and official start of the activities of the European External Borders Agency (the Frontex Agency) and believes that it will substantially contribute to strengthening the security of external borders and help successfully to combat international organised crime;

| 55. | Calls on the Commission to draw up a comprehensive action plan to combat people trafficking and to strengthen measures against drugs; |
| --- | --- |

55.

Calls on the Commission to draw up a comprehensive action plan to combat people trafficking and to strengthen measures against drugs;

Europe as a world partner

| 56. | Believes that the process of enlargement should proceed in accordance with the commitments already made, but calls on the Commission to launch a process of reflection and analysis on the external limits of the EU, bearing in mind the Union's capacity for absorption, and to present its conclusions to Parliament; |
| --- | --- |

56.

Believes that the process of enlargement should proceed in accordance with the commitments already made, but calls on the Commission to launch a process of reflection and analysis on the external limits of the EU, bearing in mind the Union's capacity for absorption, and to present its conclusions to Parliament;

Stability and democracy in south-east Europe

| 57. | Reiterates its call for the Commission to give a more political orientation to the pre-accession road map for the Western Balkans by focusing on the incentive aspect and on the specific needs of each of the countries in question, while emphasising the prospect of accession for countries pursuing reforms and fulfilling the Copenhagen criteria, including cooperation with the ICTY and regional cooperation; stresses that the EU must also fulfil the Copenhagen criterion relating to its own absorption capacity; |
| --- | --- |

57.

Reiterates its call for the Commission to give a more political orientation to the pre-accession road map for the Western Balkans by focusing on the incentive aspect and on the specific needs of each of the countries in question, while emphasising the prospect of accession for countries pursuing reforms and fulfilling the Copenhagen criteria, including cooperation with the ICTY and regional cooperation; stresses that the EU must also fulfil the Copenhagen criterion relating to its own absorption capacity;

| 58. | Strongly supports the Neighbourhood Policy launched some years ago as a key priority in the external relations of the European Union; stresses its importance in developing and strengthening the sphere of democracy, stability and prosperity in the countries bordering the Union, and therefore calls for adequate financial resources for this policy; |
| --- | --- |

58.

Strongly supports the Neighbourhood Policy launched some years ago as a key priority in the external relations of the European Union; stresses its importance in developing and strengthening the sphere of democracy, stability and prosperity in the countries bordering the Union, and therefore calls for adequate financial resources for this policy;

| 59. | Fully supports the new impetus given to the Barcelona Process, ten years after the 1995 conference, with a view to the creation of a free trade and security area in the Mediterranean region, as well as of more prosperity for all countries involved in the process; |
| --- | --- |

59.

Fully supports the new impetus given to the Barcelona Process, ten years after the 1995 conference, with a view to the creation of a free trade and security area in the Mediterranean region, as well as of more prosperity for all countries involved in the process;

Bilateral relations

| 60. | Recalls its other priorities as regards foreign policy, in particular the strengthening of transatlantic relations by an updating of the existing New Transatlantic Agenda and its replacement with a genuine partnership, the intensification of relations with Latin America and the Caribbean with a view to establishing a biregional association, in which Parliament should be fully involved, the strengthening of the Union's role in the Middle East peace process and a continued economic, military and political commitment on the part of the EU towards Iraq and Afghanistan; |
| --- | --- |

60.

Recalls its other priorities as regards foreign policy, in particular the strengthening of transatlantic relations by an updating of the existing New Transatlantic Agenda and its replacement with a genuine partnership, the intensification of relations with Latin America and the Caribbean with a view to establishing a biregional association, in which Parliament should be fully involved, the strengthening of the Union's role in the Middle East peace process and a continued economic, military and political commitment on the part of the EU towards Iraq and Afghanistan;

| 61. | Calls on the Commission constantly and carefully to monitor the trend and flow of its trade relations with China in order to ensure that China respects the principle of fair competition and social and environmental obligations, as well as WTO property right principles; |
| --- | --- |

61.

Calls on the Commission constantly and carefully to monitor the trend and flow of its trade relations with China in order to ensure that China respects the principle of fair competition and social and environmental obligations, as well as WTO property right principles;

Human rights protection

| 62. | Urges the Commission to take into account Parliament's political will with regard to the details of the policy programme for the promotion of democracy and human rights and to ensure that policy objectives and the financing and management of projects in this field are coherent; |
| --- | --- |

62.

Urges the Commission to take into account Parliament's political will with regard to the details of the policy programme for the promotion of democracy and human rights and to ensure that policy objectives and the financing and management of projects in this field are coherent;

Development policy

| 63. | Welcomes the New Strategy for Africa, in particular the principle of African ownership, and the identification of priority issues linked to governance, which is a key element in achieving sustainable development, and investment in infrastructure, including water, energy and information and communication technologies; considers that all investments in these areas should be preceded by an assessment of their contribution to economic development and poverty reduction; |
| --- | --- |

63.

Welcomes the New Strategy for Africa, in particular the principle of African ownership, and the identification of priority issues linked to governance, which is a key element in achieving sustainable development, and investment in infrastructure, including water, energy and information and communication technologies; considers that all investments in these areas should be preceded by an assessment of their contribution to economic development and poverty reduction;

| 64. | Calls for a dual approach to Africa targeted on the one hand at better-performing states, by giving them the means to maximise their efforts to achieve the Millennium Development Goals, and on the other hand at vulnerable states, by making use of various policy instruments adapted to a more difficult context; |
| --- | --- |

64.

Calls for a dual approach to Africa targeted on the one hand at better-performing states, by giving them the means to maximise their efforts to achieve the Millennium Development Goals, and on the other hand at vulnerable states, by making use of various policy instruments adapted to a more difficult context;

Trade policy and negotiations in the WTO

| 65. | Considers international trade policy to be a key element in promoting competitiveness and growth, both in the Union and in developing countries, and underlines the importance of a multilateral approach and, in particular, of concluding the WTO negotiations in Hong Kong in December 2005; |
| --- | --- |

65.

Considers international trade policy to be a key element in promoting competitiveness and growth, both in the Union and in developing countries, and underlines the importance of a multilateral approach and, in particular, of concluding the WTO negotiations in Hong Kong in December 2005;

| 66. | Emphasises the importance, with regard to market access for industrial products, of reducing and eliminating high tariffs; considers, moreover, that trade in services is also a key element in the Doha negotiations and that there is substantial potential in opening up services markets; |
| --- | --- |

66.

Emphasises the importance, with regard to market access for industrial products, of reducing and eliminating high tariffs; considers, moreover, that trade in services is also a key element in the Doha negotiations and that there is substantial potential in opening up services markets;

| 67. | Emphasises the paramount need for global sustainable development; calls for urgent European action on deforestation, including further measures against illegal logging; |
| --- | --- |

67.

Emphasises the paramount need for global sustainable development; calls for urgent European action on deforestation, including further measures against illegal logging;

Security and defence

| 68. | Welcomes the inclusion of a communication on defence industries and markets in the list of priorities for 2006, and encourages the Commission to bring forward corresponding legislative proposals which will make it possible to boost the competitiveness of the European defence sector; |
| --- | --- |

68.

Welcomes the inclusion of a communication on defence industries and markets in the list of priorities for 2006, and encourages the Commission to bring forward corresponding legislative proposals which will make it possible to boost the competitiveness of the European defence sector;

| 69. | Eagerly awaits the communication on the interpretation of Article 296 of the EC Treaty concerning defence procurement contracts, which will clarify the criteria for applying the derogation from competition rules for the procurement of military equipment; |
| --- | --- |

69.

Eagerly awaits the communication on the interpretation of Article 296 of the EC Treaty concerning defence procurement contracts, which will clarify the criteria for applying the derogation from competition rules for the procurement of military equipment;

A Europe that works better — closer to the citizen

Better, simpler legislation

| 70. | Stresses the need to accelerate the simplification and consolidation of EU legislation and to put more efforts into better regulation, prompt transposition and correct implementation of EU legislation; calls on the Commission to consider the effective implementation of the Interinstitutional agreement on better lawmaking (3), including the development of appropriate mechanisms for stakeholder consultation, to be a matter of priority; |
| --- | --- |

70.

Stresses the need to accelerate the simplification and consolidation of EU legislation and to put more efforts into better regulation, prompt transposition and correct implementation of EU legislation; calls on the Commission to consider the effective implementation of the Interinstitutional agreement on better lawmaking (3), including the development of appropriate mechanisms for stakeholder consultation, to be a matter of priority;

| 71. | Calls on the Commission to work with Parliament in monitoring and improving existing legislation, including by choosing priorities for simplification, in order to maintain Parliament's own prerogatives as colegislator, and calls for improved ex post evaluation of adopted and implemented measures; |
| --- | --- |

71.

Calls on the Commission to work with Parliament in monitoring and improving existing legislation, including by choosing priorities for simplification, in order to maintain Parliament's own prerogatives as colegislator, and calls for improved ex post evaluation of adopted and implemented measures;

| 72. | Calls on the Commission to make more consistent use of impact assessments, which must take into account the cost of an absence of measures and the possible alternatives to public regulation; to this end, calls for an independent European agency to be set up to carry out impact assessments; |
| --- | --- |

72.

Calls on the Commission to make more consistent use of impact assessments, which must take into account the cost of an absence of measures and the possible alternatives to public regulation; to this end, calls for an independent European agency to be set up to carry out impact assessments;

| 73. | Urges the Commission, in the context of the comitology procedure, to stand by its commitments to transmit all the measures concerned in due course and not to exceed the competences vested in it by virtue of the basic instruments; is convinced, moreover, of the need for the Commission and Parliament to examine ways of revising the current framework for applying comitology measures and ensuring the effective protection of Parliament's prerogatives; |
| --- | --- |

73.

Urges the Commission, in the context of the comitology procedure, to stand by its commitments to transmit all the measures concerned in due course and not to exceed the competences vested in it by virtue of the basic instruments; is convinced, moreover, of the need for the Commission and Parliament to examine ways of revising the current framework for applying comitology measures and ensuring the effective protection of Parliament's prerogatives;

Transparency, the budget and budgetary accountability

| 74. | Calls, with a view to increasing transparency in the decision-making of the EU institutions, for Council legislative meetings to be public; |
| --- | --- |

74.

Calls, with a view to increasing transparency in the decision-making of the EU institutions, for Council legislative meetings to be public;

| 75. | Urgently calls on the Commission to come forward with a revised proposal for an Interinstitutional agreement on budgetary discipline and improvement of the budgetary procedure, incorporating Parliament's proposals concerning the reserves and flexibility as well as other qualitative elements as set out in its resolution of 8 June 2005 (4); |
| --- | --- |

75.

Urgently calls on the Commission to come forward with a revised proposal for an Interinstitutional agreement on budgetary discipline and improvement of the budgetary procedure, incorporating Parliament's proposals concerning the reserves and flexibility as well as other qualitative elements as set out in its resolution of 8 June 2005 (4);

| 76. | Calls on the Member States fully to support the Commission's efforts to develop a secure and comprehensive internal control framework for the EU budget, which could finally lead to the creation of a longoverdue mechanism for accountability, particularly on the question of shared management; |
| --- | --- |

76.

Calls on the Member States fully to support the Commission's efforts to develop a secure and comprehensive internal control framework for the EU budget, which could finally lead to the creation of a longoverdue mechanism for accountability, particularly on the question of shared management;

| 77. | Stresses the importance of pursuing the idea, as proposed in its resolution of 12 April 2005 (5), that a declaration of assurance as regards the legality and regularity of the underlying transactions be provided from each Member State's highest political and managing authority; |
| --- | --- |

77.

Stresses the importance of pursuing the idea, as proposed in its resolution of 12 April 2005 (5), that a declaration of assurance as regards the legality and regularity of the underlying transactions be provided from each Member State's highest political and managing authority;

| 78. | Reiterates its request for Regulation (EC) No 1073/1999 (6) on OLAF to be revised in such a way as to guarantee its independence, especially in relation to the recruitment procedure for the post of its director; |
| --- | --- |

78.

Reiterates its request for Regulation (EC) No 1073/1999 (6) on OLAF to be revised in such a way as to guarantee its independence, especially in relation to the recruitment procedure for the post of its director;

| 79. | Underlines the need for the Commission to continue the ongoing internal reform process to achieve full transparency and accountability in the use of public money; recalls Parliament's resolution of 6 September 2001 (7) urging the Commission to begin drawing up a Code of Good Administrative Behaviour for all Community bodies and organisations; |
| --- | --- |

79.

Underlines the need for the Commission to continue the ongoing internal reform process to achieve full transparency and accountability in the use of public money; recalls Parliament's resolution of 6 September 2001 (7) urging the Commission to begin drawing up a Code of Good Administrative Behaviour for all Community bodies and organisations;

*

- *

| 80. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States. |
| --- | --- |

80.

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

---

(1)  OJ L 145, 19.6.1996, p. 4.

(2)  OJ L 45, 19.2.1975, p. 19.

(3)  OJ C 321, 31.12.2003, p. 1.

(4)  Texts Adopted, P6_TA(2005)0224.

(5)  Texts Adopted, P6_TA(2005)0092.

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

(7)  OJ C 72 E, 21.3.2002, p. 331.

P6_TA(2005)0525

Human rights and press freedom in Tunisia

European Parliament resolution on human rights and freedom of the press in Tunisia and evaluation of the World Summit on the Information Society held in Tunisia

The European Parliament,

| — | having regard to Article 2 of the Euro-Mediterranean Association Agreement between the European Union and Tunisia (1), |
| --- | --- |

—

having regard to Article 2 of the Euro-Mediterranean Association Agreement between the European Union and Tunisia (1),

| — | having regard to its previous resolutions on the human rights situation in Tunisia, and in particular its resolution of 29 September 2005 (2), |
| --- | --- |

—

having regard to its previous resolutions on the human rights situation in Tunisia, and in particular its resolution of 29 September 2005 (2),

| — | having regard to the Commission Communication of 21 May 2003, entitled ‘Reinvigorating EU actions on human rights and democratisation with Mediterranean partners’ (COM(2003)0294), |
| --- | --- |

—

having regard to the Commission Communication of 21 May 2003, entitled ‘Reinvigorating EU actions on human rights and democratisation with Mediterranean partners’ (COM(2003)0294),

| — | having regard to the Commission Communication of 11 March 2003, entitled ‘Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’ (COM(2003) 0104), |
| --- | --- |

—

having regard to the Commission Communication of 11 March 2003, entitled ‘Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’ (COM(2003) 0104),

| — | having regard to the Commission Communication of 12 April 2005, entitled the ‘Tenth Anniversary of the Euro-Mediterranean Partnership: A work programme to meet the challenges of the next five years’ (COM(2005)0139), |
| --- | --- |

—

having regard to the Commission Communication of 12 April 2005, entitled the ‘Tenth Anniversary of the Euro-Mediterranean Partnership: A work programme to meet the challenges of the next five years’ (COM(2005)0139),

| — | having regard to the EU guidelines on human rights defenders, adopted by the Council in June 2004, |
| --- | --- |

—

having regard to the EU guidelines on human rights defenders, adopted by the Council in June 2004,

| — | having regard to the resolutions of the Euro-Mediterranean Parliamentary Assembly adopted in Cairo on 15 March 2005 and Rabat on 21 November 2005, |
| --- | --- |

—

having regard to the resolutions of the Euro-Mediterranean Parliamentary Assembly adopted in Cairo on 15 March 2005 and Rabat on 21 November 2005,

| — | having regard to the Barcelona Summit of 27 and 28 November 2005, which brought together the Heads of State of the European Union and of the Mediterranean partner countries, |
| --- | --- |

—

having regard to the Barcelona Summit of 27 and 28 November 2005, which brought together the Heads of State of the European Union and of the Mediterranean partner countries,

| — | having regard to the statement of 13 September 2005 by the Presidency of the European Union on the obstacles placed in the path of the activities of the Tunisian Human Rights League (LTDH), and the steps taken following the prohibition of the Congress of the LTDH, |
| --- | --- |

—

having regard to the statement of 13 September 2005 by the Presidency of the European Union on the obstacles placed in the path of the activities of the Tunisian Human Rights League (LTDH), and the steps taken following the prohibition of the Congress of the LTDH,

| — | having regard to the statements made by the Council and the Commission at Parliament's sitting on 13 December 2005, |
| --- | --- |

—

having regard to the statements made by the Council and the Commission at Parliament's sitting on 13 December 2005,

| — | having regard to its resolution of 23 June 2005 on the information society (3), |
| --- | --- |

—

having regard to its resolution of 23 June 2005 on the information society (3),

| — | having regard to the conclusions of the World Summit on the Information Society (WSIS) held in Tunis from 16 to 18 November 2005, |
| --- | --- |

—

having regard to the conclusions of the World Summit on the Information Society (WSIS) held in Tunis from 16 to 18 November 2005,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas Tunisia was the first Mediterranean country to sign an association agreement with the European Union, and whereas Article 2 of that agreement states that the domestic and international policies of the parties must be guided by respect for human rights and democratic principles, |
| --- | --- |

A.

whereas Tunisia was the first Mediterranean country to sign an association agreement with the European Union, and whereas Article 2 of that agreement states that the domestic and international policies of the parties must be guided by respect for human rights and democratic principles,

| B. | whereas the EU's neighbourhood policy is based on a mutually recognised commitment to what are regarded as shared values, such as democracy, the rule of law, good governance and respect for human rights, |
| --- | --- |

B.

whereas the EU's neighbourhood policy is based on a mutually recognised commitment to what are regarded as shared values, such as democracy, the rule of law, good governance and respect for human rights,

| C. | pointing out, in that connection, that Tunisia and the EU have jointly drawn up an action plan which sets priority actions, including the strengthening of reforms to safeguard democracy and the rule of law and, in particular, the promotion of freedom of expression, freedom of opinion, freedom of association and freedom of assembly, |
| --- | --- |

C.

pointing out, in that connection, that Tunisia and the EU have jointly drawn up an action plan which sets priority actions, including the strengthening of reforms to safeguard democracy and the rule of law and, in particular, the promotion of freedom of expression, freedom of opinion, freedom of association and freedom of assembly,

| D. | whereas there is an inconsistency between the aim of the summit and certain incidents which took place at the summit, in particular the conduct of the Tunisian security services vis-à-vis a European Commissioner and Members of the European Parliament and the disruption of the ‘human rights’ workshop organised by the European Commission, in the presence of the European Parliament delegation; welcoming, in this connection, the steps taken by the Council to draw to Tunisia's attention its undertakings with regard to respect for human rights and democratic principles, |
| --- | --- |

D.

whereas there is an inconsistency between the aim of the summit and certain incidents which took place at the summit, in particular the conduct of the Tunisian security services vis-à-vis a European Commissioner and Members of the European Parliament and the disruption of the ‘human rights’ workshop organised by the European Commission, in the presence of the European Parliament delegation; welcoming, in this connection, the steps taken by the Council to draw to Tunisia's attention its undertakings with regard to respect for human rights and democratic principles,

| E. | whereas there were many incidents during and in the weeks leading up to the WSIS, including cancellation of the citizens' summit, attacks on journalists and human rights activists, the failure by the Tunisian authorities to respond to representations made concerning hunger strikers and imprisonments linked to the use of information and communication technologies (ICTs), the verbal attacks to which European parliamentarians were subject during the Summit and the deliberate sabotage of interventions by persons accredited by the United Nations — incidents which hampered freedom of expression and seriously damaged the country's image, |
| --- | --- |

E.

whereas there were many incidents during and in the weeks leading up to the WSIS, including cancellation of the citizens' summit, attacks on journalists and human rights activists, the failure by the Tunisian authorities to respond to representations made concerning hunger strikers and imprisonments linked to the use of information and communication technologies (ICTs), the verbal attacks to which European parliamentarians were subject during the Summit and the deliberate sabotage of interventions by persons accredited by the United Nations — incidents which hampered freedom of expression and seriously damaged the country's image,

| F. | whereas the WSIS process is continuing after the Tunis Summit, which has produced positive results and opened a new stage, building on the conclusions of the second phase, |
| --- | --- |

F.

whereas the WSIS process is continuing after the Tunis Summit, which has produced positive results and opened a new stage, building on the conclusions of the second phase,

| G. | whereas the principles and main objectives of the WSIS remain the following:






  — | building the information society on the basis of human rights and fundamental freedoms; |
| --- | --- | --- |

G.

whereas the principles and main objectives of the WSIS remain the following:

—

building the information society on the basis of human rights and fundamental freedoms;

| — | combating the digital divide and seeking resources for action plans to foster development; |
| --- | --- |

—

combating the digital divide and seeking resources for action plans to foster development;

| — | developing Internet governance arrangements which are more balanced, pluralist and representative of the States involved, and meeting the new technological challenges (spamming, data protection, etc.), |
| --- | --- |

—

developing Internet governance arrangements which are more balanced, pluralist and representative of the States involved, and meeting the new technological challenges (spamming, data protection, etc.),

| H. | noting the importance it attaches to the concrete implementation of the action plan, the allocation of the relevant funds and the participation of civil society, including local communities, business and nongovernmental organisations, in the information society, |
| --- | --- |

H.

noting the importance it attaches to the concrete implementation of the action plan, the allocation of the relevant funds and the participation of civil society, including local communities, business and nongovernmental organisations, in the information society,

| 1. | Notes that Tunisia and the EU have been linked since 1998 by an association agreement, Article 2 of which contains a human rights clause that constitutes an essential element of that agreement; |
| --- | --- |

1.

Notes that Tunisia and the EU have been linked since 1998 by an association agreement, Article 2 of which contains a human rights clause that constitutes an essential element of that agreement;

| 2. | Welcomes the significant economic and social progress made in Tunisia, not least in the areas of education and training, health and social security, and hopes that this progress will be accompanied by progress in the areas of the strengthening of democracy, the rule of law and human rights, and in particular freedom of expression and association and judicial independence, which form part of the Barcelona Process acquis; |
| --- | --- |

2.

Welcomes the significant economic and social progress made in Tunisia, not least in the areas of education and training, health and social security, and hopes that this progress will be accompanied by progress in the areas of the strengthening of democracy, the rule of law and human rights, and in particular freedom of expression and association and judicial independence, which form part of the Barcelona Process acquis;

| 3. | Calls on the Tunisian Government to abide by the undertakings on fundamental freedoms, including freedom of expression and association, guaranteed in the international instruments ratified by Tunisia; |
| --- | --- |

3.

Calls on the Tunisian Government to abide by the undertakings on fundamental freedoms, including freedom of expression and association, guaranteed in the international instruments ratified by Tunisia;

| 4. | Points out the clear contradiction between the final Summit declaration, in which the States taking part recognise that full and absolute respect for human rights and democracy constitutes the cornerstone of the information society, and the disregard of this undertaking by the host country; |
| --- | --- |

4.

Points out the clear contradiction between the final Summit declaration, in which the States taking part recognise that full and absolute respect for human rights and democracy constitutes the cornerstone of the information society, and the disregard of this undertaking by the host country;

| 5. | Calls on the Tunisian authorities to allow the LTDH and the Union of Tunisian Journalists (SJT) to hold their congresses and to release the European funds allocated to the LTDH, the Association of Tunisian Women for Research and Development (AFTURD) and Santé Sud; also calls on the Tunisian authorities to cooperate fully with the Commission with a view to implementing promptly the ‘Modernisation of justice’ project financed under the MEDA programme 2004-2006 which, as a matter of priority, should strengthen safeguards concerning judicial independence; |
| --- | --- |

5.

Calls on the Tunisian authorities to allow the LTDH and the Union of Tunisian Journalists (SJT) to hold their congresses and to release the European funds allocated to the LTDH, the Association of Tunisian Women for Research and Development (AFTURD) and Santé Sud; also calls on the Tunisian authorities to cooperate fully with the Commission with a view to implementing promptly the ‘Modernisation of justice’ project financed under the MEDA programme 2004-2006 which, as a matter of priority, should strengthen safeguards concerning judicial independence;

| 6. | Calls, consequently, on the Council and the Commission to take, in cooperation with Parliament, the tangible initiatives and appropriate measures provided for in this respect, at the imminent meeting of the EU-Tunisia Association Council, in order to discuss the human rights situation; points, in this connection, to the initiative on the setting up of an EU-Tunisia Subcommittee on Human Rights within the framework of the Association Agreement; |
| --- | --- |

6.

Calls, consequently, on the Council and the Commission to take, in cooperation with Parliament, the tangible initiatives and appropriate measures provided for in this respect, at the imminent meeting of the EU-Tunisia Association Council, in order to discuss the human rights situation; points, in this connection, to the initiative on the setting up of an EU-Tunisia Subcommittee on Human Rights within the framework of the Association Agreement;

| 7. | Calls on the Council and the Commission to fully inform Parliament of the steps taken and the decisions adopted at the forthcoming EU-Tunisia Association Council meeting; urges, in this context, the Council and the Commission to inform the public of the steps taken, in particular as far as human rights defenders are concerned; |
| --- | --- |

7.

Calls on the Council and the Commission to fully inform Parliament of the steps taken and the decisions adopted at the forthcoming EU-Tunisia Association Council meeting; urges, in this context, the Council and the Commission to inform the public of the steps taken, in particular as far as human rights defenders are concerned;

| 8. | Welcomes the fact that the European Union, speaking with a single voice, was able to adopt a firm standpoint in the discussions in Tunis, at the same time acting as a driving force by means of its proposals, in particular as regards improved Internet governance and the implementation of the action plan; welcomes the fact that it has been involved throughout this process and hopes that this method will continue to be employed in the future; |
| --- | --- |

8.

Welcomes the fact that the European Union, speaking with a single voice, was able to adopt a firm standpoint in the discussions in Tunis, at the same time acting as a driving force by means of its proposals, in particular as regards improved Internet governance and the implementation of the action plan; welcomes the fact that it has been involved throughout this process and hopes that this method will continue to be employed in the future;

| 9. | Notes with satisfaction the decision to continue the process following the agreement reached on Internet governance and the confirmation of the independence of the Internet Corporation for Assigned Names and Numbers; welcomes the decision to opt for closer cooperation between governments with regard to the principle of equal treatment between States and the establishment of a Forum on Internet governance; emphasises that these advances reflect its call to develop balanced Internet governance arrangements; |
| --- | --- |

9.

Notes with satisfaction the decision to continue the process following the agreement reached on Internet governance and the confirmation of the independence of the Internet Corporation for Assigned Names and Numbers; welcomes the decision to opt for closer cooperation between governments with regard to the principle of equal treatment between States and the establishment of a Forum on Internet governance; emphasises that these advances reflect its call to develop balanced Internet governance arrangements;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the United Nations Commission on Human Rights, the government of the Republic of Tunisia, the International Telecommunication Union, and the High-Level Summit Organizing Committee and Executive Secretariat of the WSIS. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the United Nations Commission on Human Rights, the government of the Republic of Tunisia, the International Telecommunication Union, and the High-Level Summit Organizing Committee and Executive Secretariat of the WSIS.

---

(1)  OJ L 97, 30.3.1998, p. 2.

(2)  Texts Adopted of that date, P6_TA(2005)0368.

(3)  Texts Adopted of that date, P6_TA(2005)0260.

P6_TA(2005)0526

Promoting and protecting consumers' interests in the new Member States

European Parliament resolution on the promotion and protection of consumers' interests in the new Member States (2004/2157(INI))

The European Parliament,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0378/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0378/2005),

| A. | whereas a high level of consumer protection and consumer confidence is a precondition for a well functioning internal market, |
| --- | --- |

A.

whereas a high level of consumer protection and consumer confidence is a precondition for a well functioning internal market,

| B. | whereas the internal market has delivered tangible benefits for consumers in the EU, through lowering prices and widening choice, |
| --- | --- |

B.

whereas the internal market has delivered tangible benefits for consumers in the EU, through lowering prices and widening choice,

| C. | whereas the EU has ten new Member States, in most of which consumer protection is a relatively new concern, |
| --- | --- |

C.

whereas the EU has ten new Member States, in most of which consumer protection is a relatively new concern,

| 1. | Notes with satisfaction that, overall, consumer protection in the ten new Member States has developed in a positive way, raising standards, although much remains to be done; |
| --- | --- |

1.

Notes with satisfaction that, overall, consumer protection in the ten new Member States has developed in a positive way, raising standards, although much remains to be done;

| 2. | Insists that the internal market will not function properly if consumers are less well protected in some Member States than they are in others; recalls therefore that a high common level of consumer protection across the Member States will promote cross-border transactions and will ensure that consumers take advantage of the internal market; |
| --- | --- |

2.

Insists that the internal market will not function properly if consumers are less well protected in some Member States than they are in others; recalls therefore that a high common level of consumer protection across the Member States will promote cross-border transactions and will ensure that consumers take advantage of the internal market;

| 3. | Recalls also the importance of Article 153 of the EC Treaty, which allows Member States to maintain or introduce more stringent protective measures; |
| --- | --- |

3.

Recalls also the importance of Article 153 of the EC Treaty, which allows Member States to maintain or introduce more stringent protective measures;

| 4. | Calls on the Commission to conduct a screening exercise to look in detail at the structures of consumer organisations and consumer policy in the new Member States; |
| --- | --- |

4.

Calls on the Commission to conduct a screening exercise to look in detail at the structures of consumer organisations and consumer policy in the new Member States;

Legislative framework

| 5. | Welcomes the good record of the new Member States in terms of transposition of the acquis communautaire; stresses, however, that Community legislation must also be effectively applied in practice and enforced; calls on the governments of the new Member States to scrutinise all available instruments and methods in order to identify means by which consumer legislation may be effectively applied and enforced; |
| --- | --- |

5.

Welcomes the good record of the new Member States in terms of transposition of the acquis communautaire; stresses, however, that Community legislation must also be effectively applied in practice and enforced; calls on the governments of the new Member States to scrutinise all available instruments and methods in order to identify means by which consumer legislation may be effectively applied and enforced;

| 6. | Calls for the strengthening of market surveillance structures in the new Member States so that products and services circulating on their markets meet high safety standards and that any defective or dangerous products are rapidly removed from the market; |
| --- | --- |

6.

Calls for the strengthening of market surveillance structures in the new Member States so that products and services circulating on their markets meet high safety standards and that any defective or dangerous products are rapidly removed from the market;

| 7. | Points out that child consumers are often inadequately protected against products which could cause damage to their health and well being; calls on the Member States and the Commission to focus particularly on strengthening consumer protection for children and other vulnerable groups; |
| --- | --- |

7.

Points out that child consumers are often inadequately protected against products which could cause damage to their health and well being; calls on the Member States and the Commission to focus particularly on strengthening consumer protection for children and other vulnerable groups;

| 8. | Calls on the Commission to help improve the performance of, and coordination between, supervisory bodies in both the old and the new Member States, including cross-border mutual cooperation between them; |
| --- | --- |

8.

Calls on the Commission to help improve the performance of, and coordination between, supervisory bodies in both the old and the new Member States, including cross-border mutual cooperation between them;

| 9. | Welcomes the Commission proposal to review, modernise and simplify the existing consumer acquis, which could prove important in the process of implementing Community consumer legislation and would also make it easier for consumers throughout the EU to exercise their rights more effectively, including across borders; |
| --- | --- |

9.

Welcomes the Commission proposal to review, modernise and simplify the existing consumer acquis, which could prove important in the process of implementing Community consumer legislation and would also make it easier for consumers throughout the EU to exercise their rights more effectively, including across borders;

| 10. | Stresses that transposition of Community legislation does not automatically lead to implementation as such and that, in order for implementation to be successful, consumers need to be aware of their rights and be ready and able to act as ‘political consumers’; |
| --- | --- |

10.

Stresses that transposition of Community legislation does not automatically lead to implementation as such and that, in order for implementation to be successful, consumers need to be aware of their rights and be ready and able to act as ‘political consumers’;

| 11. | Welcomes the Commission proposal to develop and update the scientific knowledge base and assessment tools on consumer exposure to chemicals, including with respect to general product safety, and to contribute to the application of the REACH regulation; |
| --- | --- |

11.

Welcomes the Commission proposal to develop and update the scientific knowledge base and assessment tools on consumer exposure to chemicals, including with respect to general product safety, and to contribute to the application of the REACH regulation;

Consumer culture

| 12. | Stresses that the creation of a ‘consumer culture’ based on a higher level of consumer awareness is essential for better enforcement and application of the existing legal framework and underlines the vital role that consumer organisations, consumer protection authorities and business organisations play in strengthening this consumer culture; |
| --- | --- |

12.

Stresses that the creation of a ‘consumer culture’ based on a higher level of consumer awareness is essential for better enforcement and application of the existing legal framework and underlines the vital role that consumer organisations, consumer protection authorities and business organisations play in strengthening this consumer culture;

| 13. | Is conscious of the fact that consumer awareness is significantly lower in the new Member States, where freedom of speech and freedom of association were stifled for decades; points out that if a ‘consumer culture’ is to develop, consumers' awareness of their rights must be systematically increased and at the same time it must be made significantly easier for them to exercise those rights; calls, therefore, on the Commission to draw up a specific strategy to encourage the development of a consumer culture in the new Member States; |
| --- | --- |

13.

Is conscious of the fact that consumer awareness is significantly lower in the new Member States, where freedom of speech and freedom of association were stifled for decades; points out that if a ‘consumer culture’ is to develop, consumers' awareness of their rights must be systematically increased and at the same time it must be made significantly easier for them to exercise those rights; calls, therefore, on the Commission to draw up a specific strategy to encourage the development of a consumer culture in the new Member States;

Consumer organisations

| 14. | Calls on the Commission to assess the possibility of defining parameters at Community level for what is meant by a ‘representative consumer association or organisation’, to ensure that consumers in the EU are properly and independently represented; |
| --- | --- |

14.

Calls on the Commission to assess the possibility of defining parameters at Community level for what is meant by a ‘representative consumer association or organisation’, to ensure that consumers in the EU are properly and independently represented;

| 15. | Calls on the old Member States to continue their commitment to support consumer organisations; |
| --- | --- |

15.

Calls on the old Member States to continue their commitment to support consumer organisations;

| 16. | Notes that most existing consumer organisations in the new Member States work mainly with volunteers and that they often lack financial resources; calls therefore on the new Member States to ensure that consumer organisations, which are representative, are adequately financed, whilst still upholding their independence; |
| --- | --- |

16.

Notes that most existing consumer organisations in the new Member States work mainly with volunteers and that they often lack financial resources; calls therefore on the new Member States to ensure that consumer organisations, which are representative, are adequately financed, whilst still upholding their independence;

| 17. | Points out that in the new Member States it is generally the case that non-governmental, non-profitmaking organisations do not have the necessary own capital, that fundraising is not adequately developed and that consumers themselves are unwilling to contribute out of their own pockets to consumer organisations on account of the enduring belief that the state alone is responsible for protecting consumers; |
| --- | --- |

17.

Points out that in the new Member States it is generally the case that non-governmental, non-profitmaking organisations do not have the necessary own capital, that fundraising is not adequately developed and that consumers themselves are unwilling to contribute out of their own pockets to consumer organisations on account of the enduring belief that the state alone is responsible for protecting consumers;

| 18. | Notes that the requirements fixed by the Commission for obtaining grant support are strict and difficult to meet for consumer organisations in the new Member States, given the professional background of their staff and the funding problems which often make them unable to generate the own resources necessary to make the required financial contribution; calls therefore on the Commission to examine whether these requirements could not be made more flexible, including whether the work of volunteers could be regarded as being part of the financial contribution; |
| --- | --- |

18.

Notes that the requirements fixed by the Commission for obtaining grant support are strict and difficult to meet for consumer organisations in the new Member States, given the professional background of their staff and the funding problems which often make them unable to generate the own resources necessary to make the required financial contribution; calls therefore on the Commission to examine whether these requirements could not be made more flexible, including whether the work of volunteers could be regarded as being part of the financial contribution;

| 19. | Emphasises that strong and independent consumer organisations provide the basis for an effective consumer policy; calls therefore on consumer organisations to create umbrella organisations and to cooperate with each other; calls also on the governments of the new Member States to foster the creation of fewer, yet stronger organisations through progressive and efficient financing; |
| --- | --- |

19.

Emphasises that strong and independent consumer organisations provide the basis for an effective consumer policy; calls therefore on consumer organisations to create umbrella organisations and to cooperate with each other; calls also on the governments of the new Member States to foster the creation of fewer, yet stronger organisations through progressive and efficient financing;

| 20. | Considers that if the quality of consumer protection is to be improved, individual consumer organisations must be strengthened financially, and objective and publicly available assessments of the quality of their performance must be produced; calls, therefore, on the Commission and the new Member States to cooperate intensively both in drawing up such financial rules and in devising measurable indicators of the quality of the results achieved by such organisations; |
| --- | --- |

20.

Considers that if the quality of consumer protection is to be improved, individual consumer organisations must be strengthened financially, and objective and publicly available assessments of the quality of their performance must be produced; calls, therefore, on the Commission and the new Member States to cooperate intensively both in drawing up such financial rules and in devising measurable indicators of the quality of the results achieved by such organisations;

| 21. | Calls on the governments of the new Member States to ensure that consumer organisations are adequately consulted at all stages of the political decision-making process and in the implementation of consumer law; |
| --- | --- |

21.

Calls on the governments of the new Member States to ensure that consumer organisations are adequately consulted at all stages of the political decision-making process and in the implementation of consumer law;

| 22. | Calls on the new Member States and the Commission to develop and financially support, where possible, capacity-building projects to strengthen consumer organisations in the new Member States by means of twinning projects, mentoring projects and other programmes to share knowledge and information between organisations in the new and in the old Member States; |
| --- | --- |

22.

Calls on the new Member States and the Commission to develop and financially support, where possible, capacity-building projects to strengthen consumer organisations in the new Member States by means of twinning projects, mentoring projects and other programmes to share knowledge and information between organisations in the new and in the old Member States;

| 23. | Calls on the Commission to support intensive training programmes for the staff of consumer organisations to be held in the new Member States and to be conducted in those countries' official languages, the aim being to train a wider base of staff and volunteers working for such organisations and not just their senior managers, with a view to making the consumer movement more effective; |
| --- | --- |

23.

Calls on the Commission to support intensive training programmes for the staff of consumer organisations to be held in the new Member States and to be conducted in those countries' official languages, the aim being to train a wider base of staff and volunteers working for such organisations and not just their senior managers, with a view to making the consumer movement more effective;

Business organisations

| 24. | Encourages business organisations and national governments to address the problem that many businesses in the new Member States underestimate the importance and benefits of addressing consumer issues and wrongly consider consumer organisations as adversarial and the strengthening of consumer awareness as a threat to business; |
| --- | --- |

24.

Encourages business organisations and national governments to address the problem that many businesses in the new Member States underestimate the importance and benefits of addressing consumer issues and wrongly consider consumer organisations as adversarial and the strengthening of consumer awareness as a threat to business;

| 25. | Notes that the new Member States also have to contend with unfair practices on the part of traders from the old Member States, in which such practices are not usually permitted — for example, the restriction of users' rights in the case of goods covered by intellectual property protection, attempts to distribute untested goods from non-EU countries, and so on; |
| --- | --- |

25.

Notes that the new Member States also have to contend with unfair practices on the part of traders from the old Member States, in which such practices are not usually permitted — for example, the restriction of users' rights in the case of goods covered by intellectual property protection, attempts to distribute untested goods from non-EU countries, and so on;

| 26. | Encourages business organisations in the new Member States to work closely with consumer organisations and to establish voluntary standards of ethical business practices with transparent and effective enforcement procedures, consumer and business educational programmes and fair and effective Alternative Dispute Resolution (ADR) processes; calls also on the new Member States to encourage and support these initiatives; |
| --- | --- |

26.

Encourages business organisations in the new Member States to work closely with consumer organisations and to establish voluntary standards of ethical business practices with transparent and effective enforcement procedures, consumer and business educational programmes and fair and effective Alternative Dispute Resolution (ADR) processes; calls also on the new Member States to encourage and support these initiatives;

Consumer protection authorities

| 27. | Notes that in creating a ‘consumer culture’, the new Member States' consumer protection authorities also have a key role to play; |
| --- | --- |

27.

Notes that in creating a ‘consumer culture’, the new Member States' consumer protection authorities also have a key role to play;

| 28. | Maintains that the lack of a well-functioning administration in the field of consumer protection, as seen in some of the new Member States, is a serious obstacle to securing a high level of consumer protection; urges the new Member States continuously to develop and strengthen their administrative systems in the consumer protection field; |
| --- | --- |

28.

Maintains that the lack of a well-functioning administration in the field of consumer protection, as seen in some of the new Member States, is a serious obstacle to securing a high level of consumer protection; urges the new Member States continuously to develop and strengthen their administrative systems in the consumer protection field;

| 29. | Urges the Member States' consumer protection authorities, business organisations and consumer organisations to work in close cooperation to promote consumer protection; notes that the smooth running of the market is in the interests of all parties concerned; |
| --- | --- |

29.

Urges the Member States' consumer protection authorities, business organisations and consumer organisations to work in close cooperation to promote consumer protection; notes that the smooth running of the market is in the interests of all parties concerned;

Consumer information

| 30. | Welcomes the creation of European Consumer Centres by the Commission in all the new Member States and the launch of a European Consumer Diary; |
| --- | --- |

30.

Welcomes the creation of European Consumer Centres by the Commission in all the new Member States and the launch of a European Consumer Diary;

| 31. | Recommends that consumer awareness be given a higher priority in school curricula throughout Europe; |
| --- | --- |

31.

Recommends that consumer awareness be given a higher priority in school curricula throughout Europe;

| 32. | Calls on the Commission to grant start-up funds, in addition to existing assistance, to those centres that provide consumers with cross-border information between old and new Member States, particularly in border regions; |
| --- | --- |

32.

Calls on the Commission to grant start-up funds, in addition to existing assistance, to those centres that provide consumers with cross-border information between old and new Member States, particularly in border regions;

| 33. | Welcomes the fact that the Commission is carrying out awareness-raising campaigns in a number of Member States and encourages the Commission to devote more financial and human resources to this purpose; |
| --- | --- |

33.

Welcomes the fact that the Commission is carrying out awareness-raising campaigns in a number of Member States and encourages the Commission to devote more financial and human resources to this purpose;

| 34. | Calls on the Commission, together with all relevant stakeholders, to launch a strategic information and education campaign effectively to prepare consumers for the adoption of the Euro in the new Member States; stresses that this campaign should build on both the positive and negative experiences of the adoption of the Euro among the old Member States; |
| --- | --- |

34.

Calls on the Commission, together with all relevant stakeholders, to launch a strategic information and education campaign effectively to prepare consumers for the adoption of the Euro in the new Member States; stresses that this campaign should build on both the positive and negative experiences of the adoption of the Euro among the old Member States;

| 35. | Recommends the publishing of test magazines by consumer organisations in the new Member States; calls on the Commission and the new Member States, at least initially, to ensure that sufficient financing and training is provided to enable the development of such publications; |
| --- | --- |

35.

Recommends the publishing of test magazines by consumer organisations in the new Member States; calls on the Commission and the new Member States, at least initially, to ensure that sufficient financing and training is provided to enable the development of such publications;

| 36. | Calls on the new Member States to strengthen the provision of information to consumers and businesses regarding their rights and the existing legal framework on consumer policy, in particular by putting in place user-friendly web portals as well as awareness-raising campaigns, surveys, conferences, and information points using national and regional networks; |
| --- | --- |

36.

Calls on the new Member States to strengthen the provision of information to consumers and businesses regarding their rights and the existing legal framework on consumer policy, in particular by putting in place user-friendly web portals as well as awareness-raising campaigns, surveys, conferences, and information points using national and regional networks;

| 37. | Calls on the Commission to establish monitoring mechanisms for national consumer policies, benchmarks and recommendations in order to identify best practices, and to develop statistics, indicators and other data of interest to consumers, including a price observatory and quality surveys; |
| --- | --- |

37.

Calls on the Commission to establish monitoring mechanisms for national consumer policies, benchmarks and recommendations in order to identify best practices, and to develop statistics, indicators and other data of interest to consumers, including a price observatory and quality surveys;

Dispute resolution

| 38. | Calls on the Commission and the new Member States to extend the European Consumer Centres Network (ECC-Net) by involving independent consumer organisations in order to provide consumers with information on available ADR schemes, as well as legal advice and practical help in pursuing complaints by these means; |
| --- | --- |

38.

Calls on the Commission and the new Member States to extend the European Consumer Centres Network (ECC-Net) by involving independent consumer organisations in order to provide consumers with information on available ADR schemes, as well as legal advice and practical help in pursuing complaints by these means;

| 39. | Recommends that the new Member States widen the use of ADR mechanisms by developing state supported mechanisms and encouraging the establishment of private complaints boards in specific sectors; |
| --- | --- |

39.

Recommends that the new Member States widen the use of ADR mechanisms by developing state supported mechanisms and encouraging the establishment of private complaints boards in specific sectors;

| 40. | Suggests that the Commission undertake a comprehensive study on the existence and functioning of ADR organisations to identify the need for other initiatives and support at EU level which could supplement ECC-Net and which could also be better targeted at the specific situation of the new Member States; |
| --- | --- |

40.

Suggests that the Commission undertake a comprehensive study on the existence and functioning of ADR organisations to identify the need for other initiatives and support at EU level which could supplement ECC-Net and which could also be better targeted at the specific situation of the new Member States;

| 41. | Encourages the establishment in all Member States of independent consumer protection agencies with full power to bring proceedings before national courts in order to protect the interests of consumers; |
| --- | --- |

41.

Encourages the establishment in all Member States of independent consumer protection agencies with full power to bring proceedings before national courts in order to protect the interests of consumers;

| 42. | Encourages the Parliament and the Council as the budgetary authority to consider devoting more financial resources to enhancing consumer protection in the new Member States, along the lines, as set out, of this resolution; |
| --- | --- |

42.

Encourages the Parliament and the Council as the budgetary authority to consider devoting more financial resources to enhancing consumer protection in the new Member States, along the lines, as set out, of this resolution;

| 43. | Stresses that the EU institutions should maintain their focus on consumer protection in the new Member States, since there are still serious issues of concern in this regard, as raised by this resolution; |
| --- | --- |

43.

Stresses that the EU institutions should maintain their focus on consumer protection in the new Member States, since there are still serious issues of concern in this regard, as raised by this resolution;

| 44. | Suggests that the same institutions mainstream consumer issues in their legislative and non-legislative work, taking special account of the specific situation of the new Member States; stresses that it is particularly important to take into account the specific situation of the new Member States in relation to consumer and health strategy; |
| --- | --- |

44.

Suggests that the same institutions mainstream consumer issues in their legislative and non-legislative work, taking special account of the specific situation of the new Member States; stresses that it is particularly important to take into account the specific situation of the new Member States in relation to consumer and health strategy;

*

- *

| 45. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

45.

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

P6_TA(2005)0527

Direct State aid as a tool of regional development

European Parliament resolution on the role of direct State aid as a tool of regional development (2004/2255(INI))

The European Parliament,

| — | having regard to the draft communication from the Commission — Guidelines on National Regional Aid for 2007-2013 (draft Regional Aid Guidelines), |
| --- | --- |

—

having regard to the draft communication from the Commission — Guidelines on National Regional Aid for 2007-2013 (draft Regional Aid Guidelines),

| — | having regard to the ‘non-paper’ by the Commission's DG Competition for discussion at a first multilateral meeting with experts from the Member States, |
| --- | --- |

—

having regard to the ‘non-paper’ by the Commission's DG Competition for discussion at a first multilateral meeting with experts from the Member States,

| — | having regard to Articles 87(3), 158 and 299(2) of the EC Treaty, |
| --- | --- |

—

having regard to Articles 87(3), 158 and 299(2) of the EC Treaty,

| — | having regard to the Commission Communication — Third report on economic and social cohesion (COM(2004)0107), |
| --- | --- |

—

having regard to the Commission Communication — Third report on economic and social cohesion (COM(2004)0107),

| — | having regard to its resolution of 22 April 2004 on the third report on economic and social cohesion (1), |
| --- | --- |

—

having regard to its resolution of 22 April 2004 on the third report on economic and social cohesion (1),

| — | having regard to its position of 12 April 2005 on the proposal for a Regulation of the European Parliament and the Council amending Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (2), |
| --- | --- |

—

having regard to its position of 12 April 2005 on the proposal for a Regulation of the European Parliament and the Council amending Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (2),

| — | having regard to its resolution of 6 July 2005 on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (3), |
| --- | --- |

—

having regard to its resolution of 6 July 2005 on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (3),

| — | having regard to the objectives of the Lisbon and Gothenburg Strategies, |
| --- | --- |

—

having regard to the objectives of the Lisbon and Gothenburg Strategies,

| — | having regard to the conclusions of the Barcelona and Gothenburg European Councils, and in particular the provisions under which the Member States agreed to reduce the level of State aids in the European Union, limiting them to subjects of common interest, including economic and social cohesion, |
| --- | --- |

—

having regard to the conclusions of the Barcelona and Gothenburg European Councils, and in particular the provisions under which the Member States agreed to reduce the level of State aids in the European Union, limiting them to subjects of common interest, including economic and social cohesion,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development (A6-0364/2005), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A6-0364/2005),

| A. | whereas cohesion policies and State aid policies are complementary, and structural fund regulations and regional aid guidelines should be as consistent as possible, especially in the definition of geographic areas to benefit from support, |
| --- | --- |

A.

whereas cohesion policies and State aid policies are complementary, and structural fund regulations and regional aid guidelines should be as consistent as possible, especially in the definition of geographic areas to benefit from support,

| B. | whereas direct State aid in its key function as an instrument of regional development is a major tool for achieving the priority cohesion objective, and whereas a variable approach must therefore be taken to such aid in the general treatment applicable to State aid in the context of a market economy, |
| --- | --- |

B.

whereas direct State aid in its key function as an instrument of regional development is a major tool for achieving the priority cohesion objective, and whereas a variable approach must therefore be taken to such aid in the general treatment applicable to State aid in the context of a market economy,

| C. | whereas State aids have an impact on economic, social and territorial cohesion within the EU, |
| --- | --- |

C.

whereas State aids have an impact on economic, social and territorial cohesion within the EU,

| D. | whereas most Member States have reduced State aid and reoriented it towards horizontal objectives in line with EU strategy, and reorientation towards cohesion objectives is less evident since regional aid has declined, |
| --- | --- |

D.

whereas most Member States have reduced State aid and reoriented it towards horizontal objectives in line with EU strategy, and reorientation towards cohesion objectives is less evident since regional aid has declined,

| E. | whereas the cohesion objective should be strengthened by reinforcing the territorial dimension, |
| --- | --- |

E.

whereas the cohesion objective should be strengthened by reinforcing the territorial dimension,

| F. | whereas regional State aid oriented to promoting the economic development of certain disadvantaged regions and economic growth areas takes into account the need for an appropriate increase in the strategic economic competitiveness of the region concerned (Article 87(3)(c) of the Treaty), |
| --- | --- |

F.

whereas regional State aid oriented to promoting the economic development of certain disadvantaged regions and economic growth areas takes into account the need for an appropriate increase in the strategic economic competitiveness of the region concerned (Article 87(3)(c) of the Treaty),

| G. | whereas the Commission should also take into account the total value of State aid per capita in each particular region when evaluating the effects of regional State aids, |
| --- | --- |

G.

whereas the Commission should also take into account the total value of State aid per capita in each particular region when evaluating the effects of regional State aids,

| H. | whereas only about 10% of overall State aid is regulated by the draft Regional Aid Guidelines, whereas State aid can give a positive stimulus to economic development in a region lagging behind, |
| --- | --- |

H.

whereas only about 10% of overall State aid is regulated by the draft Regional Aid Guidelines, whereas State aid can give a positive stimulus to economic development in a region lagging behind,

| I. | whereas the allocation of State aid should be fully transparent so as to constitute an equitable instrument for balanced sustainable regional development and the strengthening of economic and social cohesion, and also offer a means of conducting State aid impact analyses and thereby allowing the application of the ‘better value for money’ principle, |
| --- | --- |

I.

whereas the allocation of State aid should be fully transparent so as to constitute an equitable instrument for balanced sustainable regional development and the strengthening of economic and social cohesion, and also offer a means of conducting State aid impact analyses and thereby allowing the application of the ‘better value for money’ principle,

| J. | whereas a variety of sophisticated and precise indicators of regional development and competitiveness should be used when setting criteria and evaluating the effects of State aid, including the total amount of aid granted to particular region, |
| --- | --- |

J.

whereas a variety of sophisticated and precise indicators of regional development and competitiveness should be used when setting criteria and evaluating the effects of State aid, including the total amount of aid granted to particular region,

| K. | whereas promoting growth and jobs creation should be the paramount aim when granting regional aid, |
| --- | --- |

K.

whereas promoting growth and jobs creation should be the paramount aim when granting regional aid,

| 1. | Notes the Commission's draft communication on the guidelines on national regional aid for 2007- 2013; |
| --- | --- |

1.

Notes the Commission's draft communication on the guidelines on national regional aid for 2007- 2013;

| 2. | Calls on the Commission not to adopt draft Regional Aid Guidelines until the financial perspective for the European Union has been set by the Member States and the regional and cohesion policy budget has been decided; |
| --- | --- |

2.

Calls on the Commission not to adopt draft Regional Aid Guidelines until the financial perspective for the European Union has been set by the Member States and the regional and cohesion policy budget has been decided;

| 3. | Believes that, on the basis of the principle of fairness, the ceilings of aid intensities applicable to all the categories set out in Article 87(3)(a) of the Treaty and to the outermost regions should remain the same in the new programming period as in the previous 2000-2006 period; |
| --- | --- |

3.

Believes that, on the basis of the principle of fairness, the ceilings of aid intensities applicable to all the categories set out in Article 87(3)(a) of the Treaty and to the outermost regions should remain the same in the new programming period as in the previous 2000-2006 period;

| 4. | Asks that the differential should not exceed 10 percentage points with a view to preventing relocations and consequent destructive competition between disadvantaged areas in the Member States within the meaning of Article 87(3)(a) of the Treaty; |
| --- | --- |

4.

Asks that the differential should not exceed 10 percentage points with a view to preventing relocations and consequent destructive competition between disadvantaged areas in the Member States within the meaning of Article 87(3)(a) of the Treaty;

| 5. | Submits that the outermost regions should automatically receive the status of areas within the scope of Article 87(3)(a) of the Treaty, and by the same token suggests the same for regions suffering from severe and permanent natural, geographic or demographic handicaps; |
| --- | --- |

5.

Submits that the outermost regions should automatically receive the status of areas within the scope of Article 87(3)(a) of the Treaty, and by the same token suggests the same for regions suffering from severe and permanent natural, geographic or demographic handicaps;

| 6. | Stresses the importance of all dimensions of cohesion and requests that appropriate attention be paid to rural areas, areas affected by industrial transition, urban areas in decline and regions which suffer from severe and permanent natural or demographic handicaps, such as regions with very low population density, cross-border regions, islands and mountain regions; calls on the Commission, however, to consider drawing up specific criteria that will make it possible to identify the above-mentioned regions and provide them with a level of aid commensurate with the scale of the problems they face; |
| --- | --- |

6.

Stresses the importance of all dimensions of cohesion and requests that appropriate attention be paid to rural areas, areas affected by industrial transition, urban areas in decline and regions which suffer from severe and permanent natural or demographic handicaps, such as regions with very low population density, cross-border regions, islands and mountain regions; calls on the Commission, however, to consider drawing up specific criteria that will make it possible to identify the above-mentioned regions and provide them with a level of aid commensurate with the scale of the problems they face;

| 7. | Believes that the statistical effect regions must maintain their status as areas within the scope of Article 87(3)(a) of the Treaty as already requested in its above-mentioned resolution on the third report on economic and social cohesion granting them the same treatment as applied to convergence objective regions by the general provisions for Structural Funds and Cohesion Fund; calls, therefore, for the maintenance of the relevant provisions in respect of the statistical effect regions until the end of the programming period, i. e. until 2013, without a review of their situation in 2009; |
| --- | --- |

7.

Believes that the statistical effect regions must maintain their status as areas within the scope of Article 87(3)(a) of the Treaty as already requested in its above-mentioned resolution on the third report on economic and social cohesion granting them the same treatment as applied to convergence objective regions by the general provisions for Structural Funds and Cohesion Fund; calls, therefore, for the maintenance of the relevant provisions in respect of the statistical effect regions until the end of the programming period, i. e. until 2013, without a review of their situation in 2009;

| 8. | Appreciates that the Commission intends to use the unemployment rate as a supportive indicator for eligible areas to be defined by Member States under Article 87(3)(c) of the Treaty, but stresses the need for indicators to be introduced which will highlight the various differences in regional development, thereby enabling the Member States to measure more accurately the areas' relative degree of prosperity and consequently their eligibility for support; |
| --- | --- |

8.

Appreciates that the Commission intends to use the unemployment rate as a supportive indicator for eligible areas to be defined by Member States under Article 87(3)(c) of the Treaty, but stresses the need for indicators to be introduced which will highlight the various differences in regional development, thereby enabling the Member States to measure more accurately the areas' relative degree of prosperity and consequently their eligibility for support;

| 9. | Notes the additional allocation of eligible areas for designation as having the status of areas within the scope of Article 87(3)(c) of the Treaty according to the country ceilings determined by the Commission, which also takes into account variations in unemployment between the regions; as regards the total population ceiling, calls nonetheless on the Commission to adopt distribution criteria which take into consideration the relative disadvantages of certain Member States so as not to impose stiff penalties on the ones which still display significant and objective internal differences due in part to the existence of underdeveloped regions with the status of Article 87(3)(a) of the Treaty areas; calls, therefore, for adoption of the same distribution criteria and the same correctives laid down in the current guidelines and for authorisation of the requisite modest increase in the total 25-Member EU population ceiling which is eligible for regional aid; |
| --- | --- |

9.

Notes the additional allocation of eligible areas for designation as having the status of areas within the scope of Article 87(3)(c) of the Treaty according to the country ceilings determined by the Commission, which also takes into account variations in unemployment between the regions; as regards the total population ceiling, calls nonetheless on the Commission to adopt distribution criteria which take into consideration the relative disadvantages of certain Member States so as not to impose stiff penalties on the ones which still display significant and objective internal differences due in part to the existence of underdeveloped regions with the status of Article 87(3)(a) of the Treaty areas; calls, therefore, for adoption of the same distribution criteria and the same correctives laid down in the current guidelines and for authorisation of the requisite modest increase in the total 25-Member EU population ceiling which is eligible for regional aid;

| 10. | Considers that economic-development regions should be entitled to the maximum levels of aid intensity laid down in Article 87(3)(c) of the Treaty, in order to prevent a sudden change in aid level from hindering their consolidation of the progress they have so far made; |
| --- | --- |

10.

Considers that economic-development regions should be entitled to the maximum levels of aid intensity laid down in Article 87(3)(c) of the Treaty, in order to prevent a sudden change in aid level from hindering their consolidation of the progress they have so far made;

| 11. | Reaffirms that any regional aid covered by the derogation in Article 87(3)(c) of the Treaty must be part of a coherent and integrated regional policy of the Member States; |
| --- | --- |

11.

Reaffirms that any regional aid covered by the derogation in Article 87(3)(c) of the Treaty must be part of a coherent and integrated regional policy of the Member States;

| 12. | Asks the Commission to urge Member States to outline in a transparent manner both the economic principles and the statistical criteria which they intend ultimately to use to identify the Article 87(3)(c) of the Treaty regions; reminds Member States that, in the process of defining Article 87(3)(c) regions at national level, local and regional governments should be consulted; |
| --- | --- |

12.

Asks the Commission to urge Member States to outline in a transparent manner both the economic principles and the statistical criteria which they intend ultimately to use to identify the Article 87(3)(c) of the Treaty regions; reminds Member States that, in the process of defining Article 87(3)(c) regions at national level, local and regional governments should be consulted;

| 13. | Asks the Commission to ensure that the competent authorities of the regions are allowed to apply the partnership principle to prioritise investment projects of particular interest to their regions, as stated in the draft Regional Aid Guidelines; |
| --- | --- |

13.

Asks the Commission to ensure that the competent authorities of the regions are allowed to apply the partnership principle to prioritise investment projects of particular interest to their regions, as stated in the draft Regional Aid Guidelines;

| 14. | Welcomes the Commission's intention to apply an additional safety net in order to ensure that no Member State loses more than 50 % of the population coverage during the period 2000-2006, but recommends that the Commission modify the safety net by lowering the 50 % threshold, in order to avoid a significant reduction in the population coverage in the period 2007-2013; |
| --- | --- |

14.

Welcomes the Commission's intention to apply an additional safety net in order to ensure that no Member State loses more than 50 % of the population coverage during the period 2000-2006, but recommends that the Commission modify the safety net by lowering the 50 % threshold, in order to avoid a significant reduction in the population coverage in the period 2007-2013;

| 15. | Calls, in order to avoid too severe a reduction in the population coverage, for a transitional system for areas within the meaning of Article 87(3)(c) of the Treaty similar to the transitional mechanism set up for regions eligible under Article 87(3)(a); |
| --- | --- |

15.

Calls, in order to avoid too severe a reduction in the population coverage, for a transitional system for areas within the meaning of Article 87(3)(c) of the Treaty similar to the transitional mechanism set up for regions eligible under Article 87(3)(a);

| 16. | Calls on the Commission to introduce a transitional aid-reduction period for current Article 87(3)(c) regions which, under the new proposal, would become unassisted regions; |
| --- | --- |

16.

Calls on the Commission to introduce a transitional aid-reduction period for current Article 87(3)(c) regions which, under the new proposal, would become unassisted regions;

| 17. | Express its satisfaction with the Commission's proposal to allow Member States to use regional State aid to address particular economic problems, including localised regional disparities below the NUTS III level, evidenced by lower Gross Domestic Product (GDP), higher unemployment or other recognized economic indicators, by giving them the possibility of granting State aid also to large companies; welcomes in this context the application of relevant bonuses for small and medium-sized enterprises (SMEs); |
| --- | --- |

17.

Express its satisfaction with the Commission's proposal to allow Member States to use regional State aid to address particular economic problems, including localised regional disparities below the NUTS III level, evidenced by lower Gross Domestic Product (GDP), higher unemployment or other recognized economic indicators, by giving them the possibility of granting State aid also to large companies; welcomes in this context the application of relevant bonuses for small and medium-sized enterprises (SMEs);

| 18. | Emphasises, however, the usefulness of other indicators allowing for better evaluation of the development difficulties experienced by certain regions; |
| --- | --- |

18.

Emphasises, however, the usefulness of other indicators allowing for better evaluation of the development difficulties experienced by certain regions;

| 19. | Emphasises in this connection the importance of ensuring a strong synergy between any future globalisation fund designed to address particular economic problems caused by restructuring, and the Regional Aid Guidelines; |
| --- | --- |

19.

Emphasises in this connection the importance of ensuring a strong synergy between any future globalisation fund designed to address particular economic problems caused by restructuring, and the Regional Aid Guidelines;

| 20. | Understands that adequate operating aid for regions suffering from structural handicaps is an appropriate way to supplement investment aid in those regions and welcomes the Commission's desire to allow Member States flexibility in this area; |
| --- | --- |

20.

Understands that adequate operating aid for regions suffering from structural handicaps is an appropriate way to supplement investment aid in those regions and welcomes the Commission's desire to allow Member States flexibility in this area;

| 21. | Expects the Commission to consider authorising operating aid for areas which from 2007 onwards will lose Article 87(3)(a) of the Treaty status and to allow appropriate additional amounts of operating aid to regions suffering from natural, geographic or demographic disadvantages; |
| --- | --- |

21.

Expects the Commission to consider authorising operating aid for areas which from 2007 onwards will lose Article 87(3)(a) of the Treaty status and to allow appropriate additional amounts of operating aid to regions suffering from natural, geographic or demographic disadvantages;

| 22. | Welcomes the Commission's setting of an effective maximum aid differential for less assisted regions sharing a land border with a better assisted region and recommends that such provision should also apply to regions sharing a sea border without a lowering of aid ceilings in better assisted areas; |
| --- | --- |

22.

Welcomes the Commission's setting of an effective maximum aid differential for less assisted regions sharing a land border with a better assisted region and recommends that such provision should also apply to regions sharing a sea border without a lowering of aid ceilings in better assisted areas;

| 23. | Appreciates that the Commission permits Member States to grant substantial additional amounts of regional State aid to SMEs; proposes that the increase be adjusted upwards through the setting of a single 20 % figure for both small and medium-sized businesses, so as not to discourage the growth of small enterprises; |
| --- | --- |

23.

Appreciates that the Commission permits Member States to grant substantial additional amounts of regional State aid to SMEs; proposes that the increase be adjusted upwards through the setting of a single 20 % figure for both small and medium-sized businesses, so as not to discourage the growth of small enterprises;

| 24. | Believes that the Horizontal Aid Guidelines too must take due account of territorial differences, in order not to jeopardise cohesion objectives — for which reason such aid should be kept in its current proportion; |
| --- | --- |

24.

Believes that the Horizontal Aid Guidelines too must take due account of territorial differences, in order not to jeopardise cohesion objectives — for which reason such aid should be kept in its current proportion;

| 25. | Urges, therefore, the Commission to raise the ceiling of State aid intensity further to include a regional component for the benefit of poorer regions, in cases of State aid granted on the basis of the new Horizontal Aid Guidelines; such an aid bonus for horizontal aid should be differentiated according to the categorisation of regional aid intensity outlined in paragraphs 41 to 46 of the draft Regional Aid Guidelines; |
| --- | --- |

25.

Urges, therefore, the Commission to raise the ceiling of State aid intensity further to include a regional component for the benefit of poorer regions, in cases of State aid granted on the basis of the new Horizontal Aid Guidelines; such an aid bonus for horizontal aid should be differentiated according to the categorisation of regional aid intensity outlined in paragraphs 41 to 46 of the draft Regional Aid Guidelines;

| 26. | Supports the definition of initial investment suggested by the Commission and, in particular, the differentiation of eligible expenses between SMEs and large companies as outlined in paragraphs 31 et seq. of the draft Regional Aid Guidelines, but hopes for greater flexibility allowing for specific situations, where this is justified; calls on the Commission, however, to clarify whether, on the basis of the draft Regional Aid Guidelines, the provision of services will be eligible for aid, as well as the supply of products; furthermore considers that, when defining initial investment, the current requirement that the investment should lead to fundamental changes in terms of the rationalisation, diversification or modernisation of the product or production process should continue to be used, since it seems less restrictive than the requirement to bring a completely new product onto the market; |
| --- | --- |

26.

Supports the definition of initial investment suggested by the Commission and, in particular, the differentiation of eligible expenses between SMEs and large companies as outlined in paragraphs 31 et seq. of the draft Regional Aid Guidelines, but hopes for greater flexibility allowing for specific situations, where this is justified; calls on the Commission, however, to clarify whether, on the basis of the draft Regional Aid Guidelines, the provision of services will be eligible for aid, as well as the supply of products; furthermore considers that, when defining initial investment, the current requirement that the investment should lead to fundamental changes in terms of the rationalisation, diversification or modernisation of the product or production process should continue to be used, since it seems less restrictive than the requirement to bring a completely new product onto the market;

| 27. | Proposes that, in the light of current practice, the Commission allow Member States that have not adopted the single currency to be able to apply the exchange rate ‘on the date when the application for aid is received’ for projects forming part of adopted programmes, because the specific level of aid already needs to be known at the time when the project is assessed, not only on the day when the decision is made; |
| --- | --- |

27.

Proposes that, in the light of current practice, the Commission allow Member States that have not adopted the single currency to be able to apply the exchange rate ‘on the date when the application for aid is received’ for projects forming part of adopted programmes, because the specific level of aid already needs to be known at the time when the project is assessed, not only on the day when the decision is made;

| 28. | Calls on the Commission to specify more precisely what constitutes eligible expenditure in order to allow categories thereof to be set more accurately and in order that decision-making on the eligibility of expenditure may be left to the Member States; |
| --- | --- |

28.

Calls on the Commission to specify more precisely what constitutes eligible expenditure in order to allow categories thereof to be set more accurately and in order that decision-making on the eligibility of expenditure may be left to the Member States;

| 29. | Welcomes the Commission's acknowledgement that the form of regional aid can be variable and asks the Commission to carry out a study assessing which type of State aid seems to be most beneficial for regional development and to entail a lesser risk of distorting competition; |
| --- | --- |

29.

Welcomes the Commission's acknowledgement that the form of regional aid can be variable and asks the Commission to carry out a study assessing which type of State aid seems to be most beneficial for regional development and to entail a lesser risk of distorting competition;

| 30. | Welcomes the Commission's intention to require that eligible intangible assets must remain within the eligible region, which will be ensured by a number of conditions laid out in paragraph 53 of the draft Regional Aid Guidelines; requests clarification, however, as to whether the transfer of an undertaking from one eligible region to another also represents a breach of the condition allowing aid intended to finance a particular investment or whether it is only the transfer of an investment to a non-eligible area that would give rise to the sanctions laid down; |
| --- | --- |

30.

Welcomes the Commission's intention to require that eligible intangible assets must remain within the eligible region, which will be ensured by a number of conditions laid out in paragraph 53 of the draft Regional Aid Guidelines; requests clarification, however, as to whether the transfer of an undertaking from one eligible region to another also represents a breach of the condition allowing aid intended to finance a particular investment or whether it is only the transfer of an investment to a non-eligible area that would give rise to the sanctions laid down;

| 31. | Welcomes the fact that temporary and decreasing operating aid will continue to be allowed for Article 87(3)(a) of the Treaty regions, provided that it addresses clearly defined problems in regional development and is proportionate; urges the Commission, however, to provide a more precise definition of the eligibility criteria for operational aid; |
| --- | --- |

31.

Welcomes the fact that temporary and decreasing operating aid will continue to be allowed for Article 87(3)(a) of the Treaty regions, provided that it addresses clearly defined problems in regional development and is proportionate; urges the Commission, however, to provide a more precise definition of the eligibility criteria for operational aid;

| 32. | Welcomes the fact that operating aid that is neither degressive nor subject to a time limit will continue to be authorised in regions suffering from permanent handicaps; |
| --- | --- |

32.

Welcomes the fact that operating aid that is neither degressive nor subject to a time limit will continue to be authorised in regions suffering from permanent handicaps;

| 33. | Believes that operating aid covering the additional costs of transport should be allowed in the outermost regions and low population density regions, if it complies with certain objective criteria as defined in paragraph 79 of the draft Regional Aid Guidelines and provided that the public procurement rules guarantee fair price-setting by the companies receiving State aid; also believes that the grant of aid should be permitted for boosting regional development in EU regions with permanent geographic handicaps, such as islands and mountainous areas, since it would help to bring about better integration of the EU; |
| --- | --- |

33.

Believes that operating aid covering the additional costs of transport should be allowed in the outermost regions and low population density regions, if it complies with certain objective criteria as defined in paragraph 79 of the draft Regional Aid Guidelines and provided that the public procurement rules guarantee fair price-setting by the companies receiving State aid; also believes that the grant of aid should be permitted for boosting regional development in EU regions with permanent geographic handicaps, such as islands and mountainous areas, since it would help to bring about better integration of the EU;

| 34. | Suggests that operating aid also be selectively allowed under certain conditions, in view of identified additional costs and an opportunity to have equal access to the market, for regions which suffer from severe and permanent natural or demographic handicaps, such as the regions with very low population density, regions undergoing depopulation and island, cross-border and mountain regions; nevertheless urges the Commission to define precisely the eligibility criteria for operational aid in the above-mentioned regions; |
| --- | --- |

34.

Suggests that operating aid also be selectively allowed under certain conditions, in view of identified additional costs and an opportunity to have equal access to the market, for regions which suffer from severe and permanent natural or demographic handicaps, such as the regions with very low population density, regions undergoing depopulation and island, cross-border and mountain regions; nevertheless urges the Commission to define precisely the eligibility criteria for operational aid in the above-mentioned regions;

| 35. | Calls for recognition of the fact that direct aid for transport can contribute to greater economic integration of island regions within the EU and allow them to take advantage of their geographical position in the maritime areas surrounding the EU; |
| --- | --- |

35.

Calls for recognition of the fact that direct aid for transport can contribute to greater economic integration of island regions within the EU and allow them to take advantage of their geographical position in the maritime areas surrounding the EU;

| 36. | Welcomes the Commission's introduction of a maximum percentage of the overall amount of State aid granted for certain intangible investment projects for large companies, in order to limit the maximum amount of their funding in relation to total investment; |
| --- | --- |

36.

Welcomes the Commission's introduction of a maximum percentage of the overall amount of State aid granted for certain intangible investment projects for large companies, in order to limit the maximum amount of their funding in relation to total investment;

| 37. | Emphasises that the general requirement to maintain investment supported by State aid in a particular region should correspond to the requirements regarding Structural Funds; |
| --- | --- |

37.

Emphasises that the general requirement to maintain investment supported by State aid in a particular region should correspond to the requirements regarding Structural Funds;

| 38. | Recognises that the obligation to maintain investment within the regions has been fixed at a general level for a minimum of five years after its completion; calls for this rule to be applied with some flexibility so as not to stifle innovation through the replacement of plant or equipment which has become out-dated within this five year-period due to rapid technological change; |
| --- | --- |

38.

Recognises that the obligation to maintain investment within the regions has been fixed at a general level for a minimum of five years after its completion; calls for this rule to be applied with some flexibility so as not to stifle innovation through the replacement of plant or equipment which has become out-dated within this five year-period due to rapid technological change;

| 39. | Urges the Commission to define Regional Aid Guidelines on the basis of the principle of proportionality for the recovery of aid, in the event of such obligations not being respected; |
| --- | --- |

39.

Urges the Commission to define Regional Aid Guidelines on the basis of the principle of proportionality for the recovery of aid, in the event of such obligations not being respected;

| 40. | Considers that EU aid for company relocations does not provide any European added value and must therefore be avoided; |
| --- | --- |

40.

Considers that EU aid for company relocations does not provide any European added value and must therefore be avoided;

| 41. | Emphasises that all economic sectors should be treated equally and that coherence between all relevant legal instruments must be duly maintained; |
| --- | --- |

41.

Emphasises that all economic sectors should be treated equally and that coherence between all relevant legal instruments must be duly maintained;

| 42. | Welcomes in principle the Commission's intention to integrate the multi-sectoral framework into the new Regional Aid Guidelines without reducing the intensities indicated therein; |
| --- | --- |

42.

Welcomes in principle the Commission's intention to integrate the multi-sectoral framework into the new Regional Aid Guidelines without reducing the intensities indicated therein;

| 43. | Warns that the Commission's proposal to base the maximum aid percentage on gross grant levels (unlike in the previous period in which the different taxation systems were taken into account via the net grant equivalent (NGE) formula) could increase the differences between aid that may be received by companies in regions of different Member States, not taking account of cohesion criteria; |
| --- | --- |

43.

Warns that the Commission's proposal to base the maximum aid percentage on gross grant levels (unlike in the previous period in which the different taxation systems were taken into account via the net grant equivalent (NGE) formula) could increase the differences between aid that may be received by companies in regions of different Member States, not taking account of cohesion criteria;

| 44. | Notes with concern that the reduction in ceilings for the purpose of establishing the maximum aid intensity (per capita GDP) combined with the change in the calculation method (gross instead of net subsidy) results in practice in a very severe cutback in aid with no regard for the effectiveness thereof as an instrument of convergence and cohesion; calls, therefore, on the Commission to provide — in the interests of aid-management transparency — an objective justification of the need for such a change; |
| --- | --- |

44.

Notes with concern that the reduction in ceilings for the purpose of establishing the maximum aid intensity (per capita GDP) combined with the change in the calculation method (gross instead of net subsidy) results in practice in a very severe cutback in aid with no regard for the effectiveness thereof as an instrument of convergence and cohesion; calls, therefore, on the Commission to provide — in the interests of aid-management transparency — an objective justification of the need for such a change;

| 45. | Urges the Commission to consider a way of using the NGE formula to calculate the actual impact of State aid on regional development; |
| --- | --- |

45.

Urges the Commission to consider a way of using the NGE formula to calculate the actual impact of State aid on regional development;

| 46. | Welcomes the new form of aid for small businesses in assisted regions, as well as the specific measures concerning low density population regions and small islands in the context of the compatibility criteria for this aid; |
| --- | --- |

46.

Welcomes the new form of aid for small businesses in assisted regions, as well as the specific measures concerning low density population regions and small islands in the context of the compatibility criteria for this aid;

| 47. | Welcomes the Commission's intention to extend block exemptions from prior notification for transparent forms of regional investment aid and recommends that the ceilings for block exemptions take account of inflation; |
| --- | --- |

47.

Welcomes the Commission's intention to extend block exemptions from prior notification for transparent forms of regional investment aid and recommends that the ceilings for block exemptions take account of inflation;

| 48. | Emphasises that rules on exemption should explicitly include the possibility for Member States to notify aid projects and for the Commission to evaluate their compatibility using more flexible criteria, so that account may be taken of any specific regional or sectoral characteristics, as well as innovative approaches; |
| --- | --- |

48.

Emphasises that rules on exemption should explicitly include the possibility for Member States to notify aid projects and for the Commission to evaluate their compatibility using more flexible criteria, so that account may be taken of any specific regional or sectoral characteristics, as well as innovative approaches;

| 49. | Expects the Commission to make the rules for block exemptions simple and transparent, but also to introduce an appropriate control mechanism to prevent abuse of block exemptions; |
| --- | --- |

49.

Expects the Commission to make the rules for block exemptions simple and transparent, but also to introduce an appropriate control mechanism to prevent abuse of block exemptions;

| 50. | Calls on the Commission to examine whether the de minimis threshold, currently set at EUR 100 000, could be raised, which would provide relief and cut down on bureaucracy for SMEs and new businesses; |
| --- | --- |

50.

Calls on the Commission to examine whether the de minimis threshold, currently set at EUR 100 000, could be raised, which would provide relief and cut down on bureaucracy for SMEs and new businesses;

| 51. | Points out that national State aid is an important financial instrument for economic, social and territorial cohesion, and must therefore be incorporated into the national reference framework and be approved as part of the multiannual national programme; |
| --- | --- |

51.

Points out that national State aid is an important financial instrument for economic, social and territorial cohesion, and must therefore be incorporated into the national reference framework and be approved as part of the multiannual national programme;

| 52. | Appreciates the Commission's intention to improve the transparency of regional State aid in an enlarged EU and supports easy access for all interested parties to the full text of all applicable regional aid schemes in the EU; |
| --- | --- |

52.

Appreciates the Commission's intention to improve the transparency of regional State aid in an enlarged EU and supports easy access for all interested parties to the full text of all applicable regional aid schemes in the EU;

| 53. | Calls for the fundamental rules on State aid associated with the Structural Funds to be incorporated into the Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund; |
| --- | --- |

53.

Calls for the fundamental rules on State aid associated with the Structural Funds to be incorporated into the Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund;

| 54. | Thanks the Commission for having taken account of Parliament 's considerations during the consultation period leading to the drafting of the draft Regional Aid Guidelines; |
| --- | --- |

54.

Thanks the Commission for having taken account of Parliament 's considerations during the consultation period leading to the drafting of the draft Regional Aid Guidelines;

| 55. | Instructs its President to forward this resolution to the Council, the Commission, and the Committee of the Regions. |
| --- | --- |

55.

Instructs its President to forward this resolution to the Council, the Commission, and the Committee of the Regions.

---

(1)  OJ C 104 E, 30.4.2004, p. 1000.

(2)  Texts adopted, P6_TA(2005)0083.

(3)  Texts Adopted, P6_TA(2005)0277.

P6_TA(2005)0528

EU Development Strategy

European Parliament resolution on a Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus on Development’

The European Parliament,

| — | having regard to the consensus reached by the General Affairs and External Relations Council of 21 and 22 November 2005, in agreement with the Commission, on a ‘Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: The European Consensus on Development’, |
| --- | --- |

—

having regard to the consensus reached by the General Affairs and External Relations Council of 21 and 22 November 2005, in agreement with the Commission, on a ‘Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: The European Consensus on Development’,

| — | having regard to the European Community's Development Policy Statement adopted by the Council and the Commission on 10 November 2000, |
| --- | --- |

—

having regard to the European Community's Development Policy Statement adopted by the Council and the Commission on 10 November 2000,

| — | having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000 and the amending agreement, signed in Luxembourg on 25 June 2005, |
| --- | --- |

—

having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000 and the amending agreement, signed in Luxembourg on 25 June 2005,

| — | having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established jointly by the international community for the elimination of poverty, |
| --- | --- |

—

having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established jointly by the international community for the elimination of poverty,

| — | having regard to its resolutions of 17 November 2005 on the proposal for a Joint Declaration by the Council, the European Parliament and the Commission on the European Union Development Policy — ‘The European Consensus’ (1); of 17 November 2005 on a development strategy for Africa (2); and of 12 April 2005 on the role of the European Union in the achievement of the Millennium Development Goals (MDGs) (3), |
| --- | --- |

—

having regard to its resolutions of 17 November 2005 on the proposal for a Joint Declaration by the Council, the European Parliament and the Commission on the European Union Development Policy — ‘The European Consensus’ (1); of 17 November 2005 on a development strategy for Africa (2); and of 12 April 2005 on the role of the European Union in the achievement of the Millennium Development Goals (MDGs) (3),

| — | having regard to Rule 103(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(2) of its Rules of Procedure,

| 1. | Welcomes the initiative by the Commission to revise and update the 2000 Development Policy Statement and in particular to involve Parliament in this process; welcomes the Commission's resolve to ensure that all its services and delegations managing the programming and implementation of Community development assistance use the ‘European Consensus on Development’ as the key reference for the Community's objectives and principles for implementation of all development cooperation; |
| --- | --- |

1.

Welcomes the initiative by the Commission to revise and update the 2000 Development Policy Statement and in particular to involve Parliament in this process; welcomes the Commission's resolve to ensure that all its services and delegations managing the programming and implementation of Community development assistance use the ‘European Consensus on Development’ as the key reference for the Community's objectives and principles for implementation of all development cooperation;

| 2. | Welcomes the fact that for the first time the EU and its Member States have agreed to act together to promote a common EU vision of development, setting out common objectives and principles and reaffirming the EU's commitment to poverty eradication and to ownership, partnership, delivering more and better aid and promoting policy coherence for development, which will guide Community and Member States development cooperation activities in all developing countries; |
| --- | --- |

2.

Welcomes the fact that for the first time the EU and its Member States have agreed to act together to promote a common EU vision of development, setting out common objectives and principles and reaffirming the EU's commitment to poverty eradication and to ownership, partnership, delivering more and better aid and promoting policy coherence for development, which will guide Community and Member States development cooperation activities in all developing countries;

| 3. | Is particularly satisfied with the resolve expressed by the signatories of the ‘European Consensus on Development’ to stress that poverty eradication and the achievement of the MDGs are the overarching objectives of EU development policy, to ensure policy coherence for development and to harmonise procedures between the Community, the Member States and other donors, to define more clearly the specific role of the Commission, to stimulate debate and dialogue with local economic and social partners on development policy and the implementation of the MDGs, and is determined to continue to monitor closely and, where appropriate, to take initiatives in order to achieve these objectives; |
| --- | --- |

3.

Is particularly satisfied with the resolve expressed by the signatories of the ‘European Consensus on Development’ to stress that poverty eradication and the achievement of the MDGs are the overarching objectives of EU development policy, to ensure policy coherence for development and to harmonise procedures between the Community, the Member States and other donors, to define more clearly the specific role of the Commission, to stimulate debate and dialogue with local economic and social partners on development policy and the implementation of the MDGs, and is determined to continue to monitor closely and, where appropriate, to take initiatives in order to achieve these objectives;

| 4. | Regrets that only scant reference is made to children's rights, which should be mainstreamed into all development activities; regrets as well that Parliament's strong emphasis in the negotiations on human development, in particular both health and education, has not been fully taken on board in the Statement; and remains determined to continue working to ensure that these remain priority areas of Community aid; |
| --- | --- |

4.

Regrets that only scant reference is made to children's rights, which should be mainstreamed into all development activities; regrets as well that Parliament's strong emphasis in the negotiations on human development, in particular both health and education, has not been fully taken on board in the Statement; and remains determined to continue working to ensure that these remain priority areas of Community aid;

| 5. | Welcomes the intention expressed in the ‘European Consensus on Development’ to strengthen the control of EU arms exports, with the aim of preventing the use of EU-manufactured weaponry against civilians, and take concrete steps to limit the uncontrolled proliferation of small arms and light weapons (SALW), but calls on the Commission to intensify and speed up de-mining and disarmament programmes in post-war regions; |
| --- | --- |

5.

Welcomes the intention expressed in the ‘European Consensus on Development’ to strengthen the control of EU arms exports, with the aim of preventing the use of EU-manufactured weaponry against civilians, and take concrete steps to limit the uncontrolled proliferation of small arms and light weapons (SALW), but calls on the Commission to intensify and speed up de-mining and disarmament programmes in post-war regions;

| 6. | Calls on the Commission and the Member States to develop a set of measurable objectives and targets for implementing the agreed development policy and for assessing its progress at regular intervals; |
| --- | --- |

6.

Calls on the Commission and the Member States to develop a set of measurable objectives and targets for implementing the agreed development policy and for assessing its progress at regular intervals;

| 7. | Expresses its satisfaction that a truly inclusive and transparent negotiating process between Parliament, the Council and the Commission has made it possible to obtain a ‘European Consensus on Development’; notes with satisfaction that many of Parliament's suggestions have been incorporated into the document and stresses Parliament's crucial role in reaching this ambitious and significant agreement; calls on the Council and the Commission to regard this process as a model for future negotiations on crucial policy matters; |
| --- | --- |

7.

Expresses its satisfaction that a truly inclusive and transparent negotiating process between Parliament, the Council and the Commission has made it possible to obtain a ‘European Consensus on Development’; notes with satisfaction that many of Parliament's suggestions have been incorporated into the document and stresses Parliament's crucial role in reaching this ambitious and significant agreement; calls on the Council and the Commission to regard this process as a model for future negotiations on crucial policy matters;

| 8. | Considers that the document largely corresponds to Parliament's priorities in the field of development policy, as expressed in its various resolutions on the subject; and emphasises its intention to play an active role in the promotion of the ‘European Consensus on Development’, particularly by working towards greater policy coherence for development in Community policies, and by seeking dialogue with citizens and the civil society on EU development policy; |
| --- | --- |

8.

Considers that the document largely corresponds to Parliament's priorities in the field of development policy, as expressed in its various resolutions on the subject; and emphasises its intention to play an active role in the promotion of the ‘European Consensus on Development’, particularly by working towards greater policy coherence for development in Community policies, and by seeking dialogue with citizens and the civil society on EU development policy;

| 9. | Gives its assent to the Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus on Development’; |
| --- | --- |

9.

Gives its assent to the Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus on Development’;

| 10. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

10.

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

---

(1)  Texts Adopted, P6_TA(2005)0446.

(2)  Texts Adopted, P6_TA(2005)0445.

(3)  Texts Adopted, P6_TA(2005)0115.

P6_TA(2005)0529

Presumed use of European countries for the transportation and illegal detention of prisoners by the CIA

European Parliament resolution on presumed use of European countries by the CIA for the transportation and illegal detention of prisoners

The European Parliament,

| — | having regard to Articles 6 and 7 of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 6 and 7 of the Treaty on European Union,

| — | having regard to Articles 2, 3, 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, |
| --- | --- |

—

having regard to Articles 2, 3, 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms,

| — | having regard to Articles 1, 4, 19, 47 and 48 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 1, 4, 19, 47 and 48 of the Charter of Fundamental Rights of the European Union,

| — | having regard to Articles 2, 3 and 11 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to Articles 2, 3 and 11 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,

| — | having regard to Written Questions No E-2203/05 and No E-2204/05 to the Commission and to the Council, tabled by Martine Roure, Giovanni Claudio Fava and Wolfgang Kreissl-Dörfler (of the PSE) on 9 June 2005, on cases of ‘extraordinary renditions’ in the territory of the European Union, |
| --- | --- |

—

having regard to Written Questions No E-2203/05 and No E-2204/05 to the Commission and to the Council, tabled by Martine Roure, Giovanni Claudio Fava and Wolfgang Kreissl-Dörfler (of the PSE) on 9 June 2005, on cases of ‘extraordinary renditions’ in the territory of the European Union,

| — | having regard to the EU-US Transatlantic Dialogue and in particular to the EU-US summit of 20 June 2005 and the resulting EU-US declarations on the fight against terrorism and on democracy, freedom and human rights, |
| --- | --- |

—

having regard to the EU-US Transatlantic Dialogue and in particular to the EU-US summit of 20 June 2005 and the resulting EU-US declarations on the fight against terrorism and on democracy, freedom and human rights,

| — | having regard to the provisions of the EU-US agreements on extradition (1) and on mutual legal assistance (2), |
| --- | --- |

—

having regard to the provisions of the EU-US agreements on extradition (1) and on mutual legal assistance (2),

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas international terrorism poses one of the greatest threats to society within the EU and to its values, |
| --- | --- |

A.

whereas international terrorism poses one of the greatest threats to society within the EU and to its values,

| B. | whereas on 2 November 2005 the Washington Post alleged that the CIA had been holding and interrogating terrorist suspects at secret facilities in Eastern Europe as part of a global covert transport, prison and interrogation system known as ‘extraordinary rendition’ established after the attacks of 11 September 2001 and operating beyond any judicial controls or extradition requirements, |
| --- | --- |

B.

whereas on 2 November 2005 the Washington Post alleged that the CIA had been holding and interrogating terrorist suspects at secret facilities in Eastern Europe as part of a global covert transport, prison and interrogation system known as ‘extraordinary rendition’ established after the attacks of 11 September 2001 and operating beyond any judicial controls or extradition requirements,

| C. | whereas cooperation in the field of intelligence remains a competence of the Member States and falls within the scope of their bilateral and multilateral relations, |
| --- | --- |

C.

whereas cooperation in the field of intelligence remains a competence of the Member States and falls within the scope of their bilateral and multilateral relations,

| D. | worried that in the context of the fight against international terrorism that has been conducted since 9/11, fundamental European and international rights have apparently been violated, |
| --- | --- |

D.

worried that in the context of the fight against international terrorism that has been conducted since 9/11, fundamental European and international rights have apparently been violated,

| E. | whereas allegedly these and other terrorist suspects are in US or foreign custody as ‘ghost detainees’, meaning that they may have been kidnapped and are detained incommunicado without any legal rights or access to counsel or the Red Cross/Red Crescent, |
| --- | --- |

E.

whereas allegedly these and other terrorist suspects are in US or foreign custody as ‘ghost detainees’, meaning that they may have been kidnapped and are detained incommunicado without any legal rights or access to counsel or the Red Cross/Red Crescent,

| F. | whereas such detainees may be subject to cruel, inhumane or degrading treatment or torture, |
| --- | --- |

F.

whereas such detainees may be subject to cruel, inhumane or degrading treatment or torture,

| G. | whereas judicial, parliamentary or official inquiries have been launched in several Member States to investigate the alleged role of the CIA in the abduction and subsequent transport and illegal detention of these ‘ghost detainees’, |
| --- | --- |

G.

whereas judicial, parliamentary or official inquiries have been launched in several Member States to investigate the alleged role of the CIA in the abduction and subsequent transport and illegal detention of these ‘ghost detainees’,

| H. | whereas such inquiries, as well as press disclosures and reports by NGOs such as Human Rights Watch have indicated codes and references for the aircraft and airport facilities allegedly used by the CIA for the transport of suspects subject to extraordinary rendition, including facilities such as Aviano in Italy, Ramstein in Germany and Kogalniceanu in Romania, situated in the territory of the European Union and its future Member States, |
| --- | --- |

H.

whereas such inquiries, as well as press disclosures and reports by NGOs such as Human Rights Watch have indicated codes and references for the aircraft and airport facilities allegedly used by the CIA for the transport of suspects subject to extraordinary rendition, including facilities such as Aviano in Italy, Ramstein in Germany and Kogalniceanu in Romania, situated in the territory of the European Union and its future Member States,

| I. | whereas any aid or assistance to agents of another State in conduct amounting to secret deprivation of liberty and torture, including aid or assistance in the transportation by aircraft and use of airport facilities, is also a violation of Articles 3 and 5 of the European Convention on Human Rights, |
| --- | --- |

I.

whereas any aid or assistance to agents of another State in conduct amounting to secret deprivation of liberty and torture, including aid or assistance in the transportation by aircraft and use of airport facilities, is also a violation of Articles 3 and 5 of the European Convention on Human Rights,

| J. | whereas on 21 November 2005 the Secretary General of the Council of Europe set up an inquiry into these allegations under Article 52 of the European Convention on Human Rights, asking the 45 governments that are parties to that convention to provide answers by 21 February 2006, |
| --- | --- |

J.

whereas on 21 November 2005 the Secretary General of the Council of Europe set up an inquiry into these allegations under Article 52 of the European Convention on Human Rights, asking the 45 governments that are parties to that convention to provide answers by 21 February 2006,

| K. | whereas the matter has legal, moral and security implications for the conduct of the fight against terror that the European Union has pledged to fight and win, |
| --- | --- |

K.

whereas the matter has legal, moral and security implications for the conduct of the fight against terror that the European Union has pledged to fight and win,

| L. | whereas the Parliamentary Assembly of the Council of Europe (PACE) has appointed a rapporteur, Dick Marty, to lead its inquiry, |
| --- | --- |

L.

whereas the Parliamentary Assembly of the Council of Europe (PACE) has appointed a rapporteur, Dick Marty, to lead its inquiry,

| M. | whereas it is of the utmost importance to carry out a full investigation into any allegation of US breaches of human rights and the rule of law and the complicity of European governments, given the very serious implications for the respect of fundamental rights in the European Union, |
| --- | --- |

M.

whereas it is of the utmost importance to carry out a full investigation into any allegation of US breaches of human rights and the rule of law and the complicity of European governments, given the very serious implications for the respect of fundamental rights in the European Union,

| 1. | Reaffirms its determination in the fight against terrorism but stresses that this fight cannot be won by sacrificing the very principles that terrorism seeks to destroy, notably that the protection of fundamental rights must never be compromised; |
| --- | --- |

1.

Reaffirms its determination in the fight against terrorism but stresses that this fight cannot be won by sacrificing the very principles that terrorism seeks to destroy, notably that the protection of fundamental rights must never be compromised;

| 2. | Expresses the belief that the fight against terrorism must be fought by legal means and that this new kind of war must be won while respecting international law and with a responsible attitude on the part of governments and public opinion alike; |
| --- | --- |

2.

Expresses the belief that the fight against terrorism must be fought by legal means and that this new kind of war must be won while respecting international law and with a responsible attitude on the part of governments and public opinion alike;

| 3. | Strongly condemns any use of torture, including cruel, inhuman and degrading treatment; |
| --- | --- |

3.

Strongly condemns any use of torture, including cruel, inhuman and degrading treatment;

| 4. | Recalls that Article 6 of the Treaty on European Union obliges the Union and Member States to respect fundamental rights as guaranteed by the European Convention on Human Rights and as they result from the Member States' common constitutional traditions, and that international obligations as well as those common principles forbid the use of torture; |
| --- | --- |

4.

Recalls that Article 6 of the Treaty on European Union obliges the Union and Member States to respect fundamental rights as guaranteed by the European Convention on Human Rights and as they result from the Member States' common constitutional traditions, and that international obligations as well as those common principles forbid the use of torture;

| 5. | Recalls that Article 7 of the Treaty on European Union provides for the Council, in the event of a serious and persistent violation of fundamental rights by a Member State or of the risk thereof, to suspend certain rights, including the right to vote in Council, as recently restated by Commission Vice-President Frattini; |
| --- | --- |

5.

Recalls that Article 7 of the Treaty on European Union provides for the Council, in the event of a serious and persistent violation of fundamental rights by a Member State or of the risk thereof, to suspend certain rights, including the right to vote in Council, as recently restated by Commission Vice-President Frattini;

| 6. | Expresses its deep concern at the allegations concerning the role of the CIA in the illegal kidnapping, transportation, secret detention and torture of terrorist suspects, as well as at the alleged presence of CIA secret detention sites inside the territory of the European Union, and the accession and candidate countries; |
| --- | --- |

6.

Expresses its deep concern at the allegations concerning the role of the CIA in the illegal kidnapping, transportation, secret detention and torture of terrorist suspects, as well as at the alleged presence of CIA secret detention sites inside the territory of the European Union, and the accession and candidate countries;

| 7. | Stresses that full transparency and mutual respect for basic principles of legislation is essential for a further strengthening of EU-US relations and cooperation in the fight against terrorism; |
| --- | --- |

7.

Stresses that full transparency and mutual respect for basic principles of legislation is essential for a further strengthening of EU-US relations and cooperation in the fight against terrorism;

| 8. | Welcomes the Council of Europe's investigation into the allegations and urges all Member States promptly to give any relevant information in relation to this; |
| --- | --- |

8.

Welcomes the Council of Europe's investigation into the allegations and urges all Member States promptly to give any relevant information in relation to this;

| 9. | Calls on the Council and Commission to clarify the press reports concerning an agreement of 2003 between the European Union and the United States giving the US access to ‘special’ transit facilities; |
| --- | --- |

9.

Calls on the Council and Commission to clarify the press reports concerning an agreement of 2003 between the European Union and the United States giving the US access to ‘special’ transit facilities;

| 10. | Calls on all the governments concerned to make every effort to investigate the allegations made so far and to provide all necessary information to the Commission and the Council of Europe; |
| --- | --- |

10.

Calls on all the governments concerned to make every effort to investigate the allegations made so far and to provide all necessary information to the Commission and the Council of Europe;

| 11. | Believes that in parallel with, and learning from, the inquiry led by the PACE rapporteur Dick Marty, Parliament must conduct its own parliamentary inquiry, which should, at the very least, be conducted through a Temporary Committee set up under Article 175 of its Rules of Procedure and draw on the expertise of its network of fundamental rights experts, with a view to examining, inter alia:






  (a) | whether the CIA has been involved in ‘extraordinary rendition’ of ‘ghost detainees’ detained incommunicado without any legal rights or access to counsel, subjected to cruel treatment or torture, and transported within the territory of the European Union, including through flights and detention at secret sites; |
| --- | --- | --- |

11.

Believes that in parallel with, and learning from, the inquiry led by the PACE rapporteur Dick Marty, Parliament must conduct its own parliamentary inquiry, which should, at the very least, be conducted through a Temporary Committee set up under Article 175 of its Rules of Procedure and draw on the expertise of its network of fundamental rights experts, with a view to examining, inter alia:

(a)

whether the CIA has been involved in ‘extraordinary rendition’ of ‘ghost detainees’ detained incommunicado without any legal rights or access to counsel, subjected to cruel treatment or torture, and transported within the territory of the European Union, including through flights and detention at secret sites;

| (b) | whether such a practice could be considered legal in the territory of the European Union according to Article 6 of the Treaty on European Union, Articles 2, 3, 5 and 6 of the European Convention on Human Rights, and the EU-US agreements on extradition and on mutual legal assistance; |
| --- | --- |

(b)

whether such a practice could be considered legal in the territory of the European Union according to Article 6 of the Treaty on European Union, Articles 2, 3, 5 and 6 of the European Convention on Human Rights, and the EU-US agreements on extradition and on mutual legal assistance;

| (c) | whether EU citizens or legal residents were among those involved in ‘extraordinary rendition’ operations, illegal detention or torture in the framework of alleged covert CIA operations in the territory of the EU; |
| --- | --- |

(c)

whether EU citizens or legal residents were among those involved in ‘extraordinary rendition’ operations, illegal detention or torture in the framework of alleged covert CIA operations in the territory of the EU;

| (d) | whether Member States, public officials or persons acting in an official capacity were involved or complicit in the acknowledged or unacknowledged illegal deprivation of liberty of individuals, including rendition, transfer, detention or torture, whether by action or omission; |
| --- | --- |

(d)

whether Member States, public officials or persons acting in an official capacity were involved or complicit in the acknowledged or unacknowledged illegal deprivation of liberty of individuals, including rendition, transfer, detention or torture, whether by action or omission;

| 12. | Is committed to opening the procedure under Article 7 of the Treaty on the European Union if investigations confirm the allegations that any Member State has given assistance, whether by act or omission, to agents acting on behalf of other governments in conducting such practices; |
| --- | --- |

12.

Is committed to opening the procedure under Article 7 of the Treaty on the European Union if investigations confirm the allegations that any Member State has given assistance, whether by act or omission, to agents acting on behalf of other governments in conducting such practices;

| 13. | Calls on the European Council to discuss these issues at its meeting of 16 to 17 December 2005 and demands that the current UK Presidency and future Austrian Presidency, together with Parliament's President, Josep Borrell, urgently establish the necessary contacts with US Secretary of State Condoleezza Rice, the US Congress, national parliaments and the Council of Europe; |
| --- | --- |

13.

Calls on the European Council to discuss these issues at its meeting of 16 to 17 December 2005 and demands that the current UK Presidency and future Austrian Presidency, together with Parliament's President, Josep Borrell, urgently establish the necessary contacts with US Secretary of State Condoleezza Rice, the US Congress, national parliaments and the Council of Europe;

| 14. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the accession and candidate countries, the Council of Europe and both houses of the US Congress. |
| --- | --- |

14.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the accession and candidate countries, the Council of Europe and both houses of the US Congress.

---

(1)  OJ L 181, 19.7.2003, p. 27.

(2)  OJ L 181, 19.7.2003, p. 34.

P6_TA(2005)0530

Bulgaria

European Parliament resolution on the state of preparedness for EU membership of Bulgaria (2005/2204(INI))

The European Parliament,

| — | having regard to the Treaty of Accession of the Republic of Bulgaria and Romania to the European Union, signed on 25 April 2005, |
| --- | --- |

—

having regard to the Treaty of Accession of the Republic of Bulgaria and Romania to the European Union, signed on 25 April 2005,

| — | having regard to its relevant resolutions and reports since the beginning of the accession negotiations, |
| --- | --- |

—

having regard to its relevant resolutions and reports since the beginning of the accession negotiations,

| — | having regard to the Presidency Conclusions of the Brussels European Council of 16-17 December 2004, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council of 16-17 December 2004,

| — | having regard to the Commission's 2005 Comprehensive Monitoring Report for Bulgaria (COM(2005) 0534), |
| --- | --- |

—

having regard to the Commission's 2005 Comprehensive Monitoring Report for Bulgaria (COM(2005) 0534),

| — | having regard to the letter of EU Commissioner Olli Rehn to the Bulgarian Government of 7 November 2005, |
| --- | --- |

—

having regard to the letter of EU Commissioner Olli Rehn to the Bulgarian Government of 7 November 2005,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A6-0342/2005), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A6-0342/2005),

| A. | whereas, following the closure of accession negotiations on 14 December 2004, Bulgaria signed the Accession Treaty on 25 April 2005 and ratified it on 11 May 2005, |
| --- | --- |

A.

whereas, following the closure of accession negotiations on 14 December 2004, Bulgaria signed the Accession Treaty on 25 April 2005 and ratified it on 11 May 2005,

| B. | whereas Bulgaria remains on course to assume the obligations for membership in time to meet our common objective of her accession to the EU on 1 January 2007, by which time she must have fulfilled the conditions laid down in the Treaty of Accession, |
| --- | --- |

B.

whereas Bulgaria remains on course to assume the obligations for membership in time to meet our common objective of her accession to the EU on 1 January 2007, by which time she must have fulfilled the conditions laid down in the Treaty of Accession,

| C. | whereas, as Parliament has repeatedly emphasised, the accession of Bulgaria should depend exclusively on its own merits and should not be linked to the candidacy of any other country or indeed be disadvantaged by unrelated concerns about the course of future EU enlargement; whereas it is nevertheless to be hoped that the accession of Romania and Bulgaria will be able to take place at the same time, |
| --- | --- |

C.

whereas, as Parliament has repeatedly emphasised, the accession of Bulgaria should depend exclusively on its own merits and should not be linked to the candidacy of any other country or indeed be disadvantaged by unrelated concerns about the course of future EU enlargement; whereas it is nevertheless to be hoped that the accession of Romania and Bulgaria will be able to take place at the same time,

| 1. | Welcomes the ratification of Bulgaria's Treaty of Accession by many Member States and urges the speedy completion of the ratification process by the remainder; |
| --- | --- |

1.

Welcomes the ratification of Bulgaria's Treaty of Accession by many Member States and urges the speedy completion of the ratification process by the remainder;

| 2. | Congratulates successive Bulgarian governments on their steady commitment and progress towards EU accession, and welcomes the elements of continuity in government and the National Assembly's determined prioritisation of accession requirements following the Bulgarian general election in June 2005; |
| --- | --- |

2.

Congratulates successive Bulgarian governments on their steady commitment and progress towards EU accession, and welcomes the elements of continuity in government and the National Assembly's determined prioritisation of accession requirements following the Bulgarian general election in June 2005;

| 3. | Welcomes the generally positive but in parts critical assessment of Bulgaria's progress towards accession in the Commission's 2005 Monitoring Report and urges the Bulgarian Government and authorities to show increased and visible determination concerning those areas highlighted as needing ‘increased efforts’ and, before April 2006 (when a further Monitoring Report will be prepared), to demonstrate in a concrete manner that it has taken effective action to remedy areas identified as being of ‘serious concern’; |
| --- | --- |

3.

Welcomes the generally positive but in parts critical assessment of Bulgaria's progress towards accession in the Commission's 2005 Monitoring Report and urges the Bulgarian Government and authorities to show increased and visible determination concerning those areas highlighted as needing ‘increased efforts’ and, before April 2006 (when a further Monitoring Report will be prepared), to demonstrate in a concrete manner that it has taken effective action to remedy areas identified as being of ‘serious concern’;

| 4. | Notes that Bulgaria is as close, or in many cases closer, to fulfilling accession criteria fourteen months before accession as any of the new Member States were at the same stage in the accession process of the fifth enlargement; |
| --- | --- |

4.

Notes that Bulgaria is as close, or in many cases closer, to fulfilling accession criteria fourteen months before accession as any of the new Member States were at the same stage in the accession process of the fifth enlargement;

| 5. | Recognises that the prospect of timely accession is a major incentive to increased effort and acceleration of the pace of reform; urges the Bulgarian authorities to deliver tangible results, thereby ensuring that the target date for accession of 1 January 2007 is achievable; at the same time notes that the changes under way are beneficial in themselves, not merely as a prerequisite of EU accession, and that the process of modernisation and reform must continue for many years after accession and this should be reflected in the conditions for cohesion funding; |
| --- | --- |

5.

Recognises that the prospect of timely accession is a major incentive to increased effort and acceleration of the pace of reform; urges the Bulgarian authorities to deliver tangible results, thereby ensuring that the target date for accession of 1 January 2007 is achievable; at the same time notes that the changes under way are beneficial in themselves, not merely as a prerequisite of EU accession, and that the process of modernisation and reform must continue for many years after accession and this should be reflected in the conditions for cohesion funding;

| 6. | Welcomes the arrival of 18 Bulgarian Parliamentary Observers to the European Parliament and looks forward to continuing the fruitful cooperation between Parliament, the Commission and the Council in decisions relating to Bulgaria's progress towards EU membership; |
| --- | --- |

6.

Welcomes the arrival of 18 Bulgarian Parliamentary Observers to the European Parliament and looks forward to continuing the fruitful cooperation between Parliament, the Commission and the Council in decisions relating to Bulgaria's progress towards EU membership;

| 7. | Recalls the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues, and especially the timing of accession, in the light of the state of implementation of the necessary reforms, in particular the requirements of membership regarding the judiciary system and the fight against corruption, and on the basis of the Commission's detailed assessment of the situation next spring; therefore expects the Commission and Bulgaria to work closely with Parliament in this regard; |
| --- | --- |

7.

Recalls the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues, and especially the timing of accession, in the light of the state of implementation of the necessary reforms, in particular the requirements of membership regarding the judiciary system and the fight against corruption, and on the basis of the Commission's detailed assessment of the situation next spring; therefore expects the Commission and Bulgaria to work closely with Parliament in this regard;

| 8. | Recognises Bulgaria's significant contribution to the stability of the wider south-east European region and her continuing role in the promotion of regional security and prosperity; |
| --- | --- |

8.

Recognises Bulgaria's significant contribution to the stability of the wider south-east European region and her continuing role in the promotion of regional security and prosperity;

Political criteria

| 9. | Notes that Bulgaria continues to fulfil the political criteria, and urges Bulgaria to channel maximum political, financial and administrative energy into practical implementation of legislation and strategies, in order to deliver tangible results; reminds the Bulgarian government of the need to step up its efforts to develop sufficient administrative and judicial capacity to implement and enforce the acquis, with particular reference to the Anti-Corruption Strategy and the urgently needed continued reform of the judiciary; |
| --- | --- |

9.

Notes that Bulgaria continues to fulfil the political criteria, and urges Bulgaria to channel maximum political, financial and administrative energy into practical implementation of legislation and strategies, in order to deliver tangible results; reminds the Bulgarian government of the need to step up its efforts to develop sufficient administrative and judicial capacity to implement and enforce the acquis, with particular reference to the Anti-Corruption Strategy and the urgently needed continued reform of the judiciary;

| 10. | Strongly endorses the view that the rule of law is vital to the establishment of public trust and confidence and also provides the foundation for economic progress and therefore greater prosperity; |
| --- | --- |

10.

Strongly endorses the view that the rule of law is vital to the establishment of public trust and confidence and also provides the foundation for economic progress and therefore greater prosperity;

| 11. | Recognises that, due to the progress that has been made in combating certain categories of serious crime such as drugs trafficking, people trafficking and currency counterfeiting, crime rates in Bulgaria have been lowered to the level of many Member States, and encourages Bulgaria to continue its efforts; |
| --- | --- |

11.

Recognises that, due to the progress that has been made in combating certain categories of serious crime such as drugs trafficking, people trafficking and currency counterfeiting, crime rates in Bulgaria have been lowered to the level of many Member States, and encourages Bulgaria to continue its efforts;

| 12. | At the same time expresses concern at the brazen nature of Bulgarian organised criminal elements, their contempt for the law and challenge to the authority of the State, and their involvement with apparent impunity in a series of high-profile murders in recent years; notes with concern the small proportion of serious criminal cases that result in penal convictions; |
| --- | --- |

12.

At the same time expresses concern at the brazen nature of Bulgarian organised criminal elements, their contempt for the law and challenge to the authority of the State, and their involvement with apparent impunity in a series of high-profile murders in recent years; notes with concern the small proportion of serious criminal cases that result in penal convictions;

| 13. | Regrets that, while ranking better than one Member State and the other three EU candidates in the international ‘Corruption Perceptions’ ranking, Bulgaria nevertheless does not score well and that, to date, there have been few successful convictions of high-level officials for corruption; |
| --- | --- |

13.

Regrets that, while ranking better than one Member State and the other three EU candidates in the international ‘Corruption Perceptions’ ranking, Bulgaria nevertheless does not score well and that, to date, there have been few successful convictions of high-level officials for corruption;

| 14. | Encourages high-level officials, as a sign of their commitment, to distance themselves publicly from all kinds of corruption; strongly encourages high-level officials to support regulations requiring disclosure of their personal assets and income-tax declarations; |
| --- | --- |

14.

Encourages high-level officials, as a sign of their commitment, to distance themselves publicly from all kinds of corruption; strongly encourages high-level officials to support regulations requiring disclosure of their personal assets and income-tax declarations;

| 15. | Welcomes the initiatives taken for improved coordination of the work of the various Ministries and operational agencies engaged in the fight against organised crime and corruption and the planned improvements in the organisation and management of the police and security services; applauds the adoption of a range of new measures, notably the Criminal Procedure Code, and urges their speedy and effective implementation; reiterates, however, the strategic importance of further reform of the judiciary as the prerequisite for all other modernising initiatives; furthermore recognises that several Member States have provided excellent specialised assistance, and requests that those Member States with special expertise in combating organised crime should offer urgent additional support; notes that satisfactory results will only be achieved if efforts are enhanced not only at national but also at local levels; |
| --- | --- |

15.

Welcomes the initiatives taken for improved coordination of the work of the various Ministries and operational agencies engaged in the fight against organised crime and corruption and the planned improvements in the organisation and management of the police and security services; applauds the adoption of a range of new measures, notably the Criminal Procedure Code, and urges their speedy and effective implementation; reiterates, however, the strategic importance of further reform of the judiciary as the prerequisite for all other modernising initiatives; furthermore recognises that several Member States have provided excellent specialised assistance, and requests that those Member States with special expertise in combating organised crime should offer urgent additional support; notes that satisfactory results will only be achieved if efforts are enhanced not only at national but also at local levels;

| 16. | Calls therefore for additional steps including: amendment of Bulgaria's Constitution to provide clearer division of responsibilities and greater effectiveness in the prosecution and investigation of crime; greater control and accountability of the Chief Prosecutor and his deputies; improved measures to facilitate investigation of corruption in the judiciary, especially by insisting on increased cooperation within and between the respective bodies; an improved appointments system for judges; improved salaries, resources and opportunities for ‘fast track’ promotion for the police; and serious attention to the seizure of assets of those involved in organised crime; |
| --- | --- |

16.

Calls therefore for additional steps including: amendment of Bulgaria's Constitution to provide clearer division of responsibilities and greater effectiveness in the prosecution and investigation of crime; greater control and accountability of the Chief Prosecutor and his deputies; improved measures to facilitate investigation of corruption in the judiciary, especially by insisting on increased cooperation within and between the respective bodies; an improved appointments system for judges; improved salaries, resources and opportunities for ‘fast track’ promotion for the police; and serious attention to the seizure of assets of those involved in organised crime;

| 17. | Notes Bulgaria's strategic location at an EU external border and recommends further concerted efforts to improve all aspects of border control, including measures relevant to the fight against organised crime, people trafficking and drugs trafficking as well as to public health, such as animal disease control; urges the Bulgarian authorities to ensure the availability of sufficient human resources to guarantee implementation of the border control acquis; and calls also for neighbouring countries, especially in the western Balkans, to step up their activities; |
| --- | --- |

17.

Notes Bulgaria's strategic location at an EU external border and recommends further concerted efforts to improve all aspects of border control, including measures relevant to the fight against organised crime, people trafficking and drugs trafficking as well as to public health, such as animal disease control; urges the Bulgarian authorities to ensure the availability of sufficient human resources to guarantee implementation of the border control acquis; and calls also for neighbouring countries, especially in the western Balkans, to step up their activities;

| 18. | Calls for more resources to be directed to improvement of orphanages and schools for disadvantaged children and those with special needs, including disabled persons, and to more rapid and effective implementation of the deinstitutionalisation plan, given that Bulgaria has a relatively high percentage of children in care; requests the Commission to undertake research and monitoring on the status of disabled persons living in residential institutions; wishes to encourage changes in the law and practice of adoption to reduce further the number of Bulgarian children adopted internationally and to promote national adoption, including establishment of a unified national register for potential adopters, as well as encouraging foster care in line with international best practice; calls for continued reform of psychiatric care; urges also the establishment of a juvenile court system backed by appropriate structures and accommodation; |
| --- | --- |

18.

Calls for more resources to be directed to improvement of orphanages and schools for disadvantaged children and those with special needs, including disabled persons, and to more rapid and effective implementation of the deinstitutionalisation plan, given that Bulgaria has a relatively high percentage of children in care; requests the Commission to undertake research and monitoring on the status of disabled persons living in residential institutions; wishes to encourage changes in the law and practice of adoption to reduce further the number of Bulgarian children adopted internationally and to promote national adoption, including establishment of a unified national register for potential adopters, as well as encouraging foster care in line with international best practice; calls for continued reform of psychiatric care; urges also the establishment of a juvenile court system backed by appropriate structures and accommodation;

| 19. | Notes that practical measures have been taken by Bulgaria to improve the integration of Roma into mainstream society but highlights the fact that key reforms in combating discrimination in education, housing and healthcare remain to be achieved; calls for greater attention to be paid to the ‘Action Plan for the Implementation of the Framework Programme for Equal Integration of Roma into Bulgarian Society 2005-2006’; notes that many Roma people still face discrimination and that Roma women are especially vulnerable to trafficking and prostitution; insists that efforts to ensure access to quality education and to overcome segregation must be reinforced and properly resourced, and that progress will be judged by reference to visible improvements; emphasises, however, that any integration policies must be implemented with the full involvement and cooperation of the Roma communities; |
| --- | --- |

19.

Notes that practical measures have been taken by Bulgaria to improve the integration of Roma into mainstream society but highlights the fact that key reforms in combating discrimination in education, housing and healthcare remain to be achieved; calls for greater attention to be paid to the ‘Action Plan for the Implementation of the Framework Programme for Equal Integration of Roma into Bulgarian Society 2005-2006’; notes that many Roma people still face discrimination and that Roma women are especially vulnerable to trafficking and prostitution; insists that efforts to ensure access to quality education and to overcome segregation must be reinforced and properly resourced, and that progress will be judged by reference to visible improvements; emphasises, however, that any integration policies must be implemented with the full involvement and cooperation of the Roma communities;

| 20. | Calls for action to be taken to effectively implement the Strategy for Decentralisation so that local administrative structures are considerably strengthened and have the necessary capacity to play a full and active role in Bulgaria's reforms; |
| --- | --- |

20.

Calls for action to be taken to effectively implement the Strategy for Decentralisation so that local administrative structures are considerably strengthened and have the necessary capacity to play a full and active role in Bulgaria's reforms;

Economic criteria

| 21. | Commends Bulgaria on taking action, as called for in Parliament's most recent resolution on Bulgaria, to further consolidate her economic performance via substantial structural reforms and sound fiscal policies, and encourages further specific efforts to reduce the current account deficit; stresses that a strong focus on economic progress is essential in order to master the challenges and opportunities of EU membership; |
| --- | --- |

21.

Commends Bulgaria on taking action, as called for in Parliament's most recent resolution on Bulgaria, to further consolidate her economic performance via substantial structural reforms and sound fiscal policies, and encourages further specific efforts to reduce the current account deficit; stresses that a strong focus on economic progress is essential in order to master the challenges and opportunities of EU membership;

| 22. | Welcomes the Commission's verdict on the positive effects of the privatisation programme in Bulgaria; notes that the share of the private sector reached 67% of GDP in the first half of 2005, an increase of 2.2 % from the same period in 2004; calls for greater transparency in the processes of public procurement, tendering and contracting; |
| --- | --- |

22.

Welcomes the Commission's verdict on the positive effects of the privatisation programme in Bulgaria; notes that the share of the private sector reached 67% of GDP in the first half of 2005, an increase of 2.2 % from the same period in 2004; calls for greater transparency in the processes of public procurement, tendering and contracting;

| 23. | Welcomes the notable progress in the creation of a business environment conducive to investment and growth, and the targeting of private sector, state and European funding to develop effective and equitable legal, administrative and regulatory structures for economic activity; continues to emphasise the relevance of a reliable judiciary and public administration for a healthy business climate and a strong decentralised infrastructure, particularly for the benefit of SMEs; |
| --- | --- |

23.

Welcomes the notable progress in the creation of a business environment conducive to investment and growth, and the targeting of private sector, state and European funding to develop effective and equitable legal, administrative and regulatory structures for economic activity; continues to emphasise the relevance of a reliable judiciary and public administration for a healthy business climate and a strong decentralised infrastructure, particularly for the benefit of SMEs;

| 24. | Recommends measures to bring greater flexibility to the labour market, to encourage innovation, to increase mobility of the workforce and to improve education and training programmes; at the same time wishes to see steps taken to assess the true level and nature of unemployment, given manpower shortages in some sectors; |
| --- | --- |

24.

Recommends measures to bring greater flexibility to the labour market, to encourage innovation, to increase mobility of the workforce and to improve education and training programmes; at the same time wishes to see steps taken to assess the true level and nature of unemployment, given manpower shortages in some sectors;

| 25. | Reminds Bulgaria that it needs to make increased efforts in all areas of the internal market, as pointed out in the latest Comprehensive Monitoring Report on Bulgaria, so as to guarantee its effective functioning; |
| --- | --- |

25.

Reminds Bulgaria that it needs to make increased efforts in all areas of the internal market, as pointed out in the latest Comprehensive Monitoring Report on Bulgaria, so as to guarantee its effective functioning;

Acquis communautaire

| 26. | Welcomes progress made by Bulgaria in the agricultural sector but urges immediate action to ensure that control and paying agencies are in place to address concerns over outstanding legislative commitments in this field; stresses the need for a strong focus on improvements in land use and on resolving issues of land ownership; encourages Bulgaria to take advantage of the enormous potential for efficient organic farming; |
| --- | --- |

26.

Welcomes progress made by Bulgaria in the agricultural sector but urges immediate action to ensure that control and paying agencies are in place to address concerns over outstanding legislative commitments in this field; stresses the need for a strong focus on improvements in land use and on resolving issues of land ownership; encourages Bulgaria to take advantage of the enormous potential for efficient organic farming;

| 27. | Calls on Bulgaria to ensure that the highest standards of animal welfare are respected in all legislative and practical measures, for example in the transportation and slaughter of animals; in particular, calls for vigorous action to enhance Bulgaria's capacity to meet challenges in relation to animal health, veterinary services and phytosanitary controls, most especially where there is an associated risk to public health, as in the case of avian flu, or to the safety of food supplies; |
| --- | --- |

27.

Calls on Bulgaria to ensure that the highest standards of animal welfare are respected in all legislative and practical measures, for example in the transportation and slaughter of animals; in particular, calls for vigorous action to enhance Bulgaria's capacity to meet challenges in relation to animal health, veterinary services and phytosanitary controls, most especially where there is an associated risk to public health, as in the case of avian flu, or to the safety of food supplies;

| 28. | Stresses that the management and control of pre-accession assistance must be substantially enhanced in order to prepare Bulgaria for more efficient use of EU Structural Funds; considers, in particular, that efforts to accredit the Phare- and ISPA-related Extended Decentralised Implementation System must be accelerated and that, at the same time, the Commission should target further assistance towards those areas of greatest need; |
| --- | --- |

28.

Stresses that the management and control of pre-accession assistance must be substantially enhanced in order to prepare Bulgaria for more efficient use of EU Structural Funds; considers, in particular, that efforts to accredit the Phare- and ISPA-related Extended Decentralised Implementation System must be accelerated and that, at the same time, the Commission should target further assistance towards those areas of greatest need;

| 29. | Stresses the importance of ensuring energy supplies at a level which will meet future requirements; underlines the importance of new generating capacity in respect of renewable sources of energy as well as of energy conservation efforts, and of the Kyoto Protocol targets; calls once again on the Council and the Commission to ensure that Bulgaria fulfils its commitments regarding the closure date for Units 3 and 4 of the Kozloduy Power Plant under the Accession Treaty; however, expresses its hope that Bulgaria will meet the obligations assumed for the closure of Units 3 and 4 of the plant, and stresses that Bulgaria should be assisted in filling the energy gap that will be created by that closure; |
| --- | --- |

29.

Stresses the importance of ensuring energy supplies at a level which will meet future requirements; underlines the importance of new generating capacity in respect of renewable sources of energy as well as of energy conservation efforts, and of the Kyoto Protocol targets; calls once again on the Council and the Commission to ensure that Bulgaria fulfils its commitments regarding the closure date for Units 3 and 4 of the Kozloduy Power Plant under the Accession Treaty; however, expresses its hope that Bulgaria will meet the obligations assumed for the closure of Units 3 and 4 of the plant, and stresses that Bulgaria should be assisted in filling the energy gap that will be created by that closure;

| 30. | Calls for effective measures to prevent pollution, illegal logging of woods and the demand for illegal timber on the part of the trading industry; |
| --- | --- |

30.

Calls for effective measures to prevent pollution, illegal logging of woods and the demand for illegal timber on the part of the trading industry;

| 31. | Reminds Bulgaria that urgent attention is needed to improve the implementation and enforcement of the protection of intellectual and industrial property; |
| --- | --- |

31.

Reminds Bulgaria that urgent attention is needed to improve the implementation and enforcement of the protection of intellectual and industrial property;

| 32. | Reiterates its support for the Bulgarian nurses held in custody since 1999 in Libya and currently under sentence of death; expresses its dismay at the further delay in the appeal process by the Libyan Supreme Court; calls upon the Libyan authorities at the highest level to respond to the widespread international appeals for early and satisfactory resolution of this appalling situation; |
| --- | --- |

32.

Reiterates its support for the Bulgarian nurses held in custody since 1999 in Libya and currently under sentence of death; expresses its dismay at the further delay in the appeal process by the Libyan Supreme Court; calls upon the Libyan authorities at the highest level to respond to the widespread international appeals for early and satisfactory resolution of this appalling situation;

| 33. | Urges those Member States which have not yet ratified the Treaty of Accession of Bulgaria to the European Union to do so as soon as possible; |
| --- | --- |

33.

Urges those Member States which have not yet ratified the Treaty of Accession of Bulgaria to the European Union to do so as soon as possible;

*

- *

| 34. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the Government and National Assembly of the Republic of Bulgaria. |
| --- | --- |

34.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the Government and National Assembly of the Republic of Bulgaria.

P6_TA(2005)0531

Romania

European Parliament resolution on the extent of Romania's readiness for accession to the European Union (2005/2205(INI))

The European Parliament,

| — | having regard to the Presidency conclusions of the Brussels European Council of 16 and 17 December 2004, |
| --- | --- |

—

having regard to the Presidency conclusions of the Brussels European Council of 16 and 17 December 2004,

| — | having regard to the Treaty of Accession to the European Union signed by Romania on 25 April 2005, |
| --- | --- |

—

having regard to the Treaty of Accession to the European Union signed by Romania on 25 April 2005,

| — | having regard to the regular reports of the Commission on the progress made by Romania towards accession, covering the years 1998 to 2004, and the Commission's strategy document on the progress made in the process of enlargement (COM(2004)0657), |
| --- | --- |

—

having regard to the regular reports of the Commission on the progress made by Romania towards accession, covering the years 1998 to 2004, and the Commission's strategy document on the progress made in the process of enlargement (COM(2004)0657),

| — | having regard to all its resolutions and previous reports, from the beginning of the accession process to date, |
| --- | --- |

—

having regard to all its resolutions and previous reports, from the beginning of the accession process to date,

| — | having regard to the general progress report of 25 October 2005 on the extent of the readiness of Bulgaria and Romania for accession to the European Union (COM(2005)0534), |
| --- | --- |

—

having regard to the general progress report of 25 October 2005 on the extent of the readiness of Bulgaria and Romania for accession to the European Union (COM(2005)0534),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A6-0344/2005), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A6-0344/2005),

| A. | whereas in 2000 Romania and Bulgaria were among the candidate countries for accession alongside other countries which have since become members, and whereas the fifth enlargement of the European Union was not complete and should be finalised, in the interests of Romania and the Union and in compliance with the commitments made on both sides, |
| --- | --- |

A.

whereas in 2000 Romania and Bulgaria were among the candidate countries for accession alongside other countries which have since become members, and whereas the fifth enlargement of the European Union was not complete and should be finalised, in the interests of Romania and the Union and in compliance with the commitments made on both sides,

| B. | whereas signature of the Treaty of Accession opened up a new phase in Romania's accession to the Union, whereas Romania is now participating in the work of the European Council and of the Council as an observer, and whereas 35 Romanian observers began working with Parliament on 26 September 2005, |
| --- | --- |

B.

whereas signature of the Treaty of Accession opened up a new phase in Romania's accession to the Union, whereas Romania is now participating in the work of the European Council and of the Council as an observer, and whereas 35 Romanian observers began working with Parliament on 26 September 2005,

| C. | whereas significant improvements can be seen to have been achieved since the Commission's last report, |
| --- | --- |

C.

whereas significant improvements can be seen to have been achieved since the Commission's last report,

| D. | whereas progress in certain areas has not been satisfactory, and whereas Romania must take immediate steps to make good these shortcomings in order to join the Union on 1 January 2007, |
| --- | --- |

D.

whereas progress in certain areas has not been satisfactory, and whereas Romania must take immediate steps to make good these shortcomings in order to join the Union on 1 January 2007,

| E. | whereas the prospect of accession acts as a powerful catalyst for reform by mobilising the various actors in political, economic, social and civil life, |
| --- | --- |

E.

whereas the prospect of accession acts as a powerful catalyst for reform by mobilising the various actors in political, economic, social and civil life,

| F. | whereas the actual date of accession will be determined on the basis of a Commission recommendation after rigorous analysis of Romania's state of readiness, |
| --- | --- |

F.

whereas the actual date of accession will be determined on the basis of a Commission recommendation after rigorous analysis of Romania's state of readiness,

| 1. | Reaffirms that Romania's accession is a common objective of the Union and of Romania, making it possible, together with the accession of Bulgaria, to complete the fifth enlargement of the Union which began with the great liberation movement in central and eastern Europe; |
| --- | --- |

1.

Reaffirms that Romania's accession is a common objective of the Union and of Romania, making it possible, together with the accession of Bulgaria, to complete the fifth enlargement of the Union which began with the great liberation movement in central and eastern Europe;

| 2. | Maintains that it wishes to see Romania and Bulgaria join the Union on 1 January 2007, in so far as the conditions laid down in the Treaty of Accession are fulfilled by each of those two countries; |
| --- | --- |

2.

Maintains that it wishes to see Romania and Bulgaria join the Union on 1 January 2007, in so far as the conditions laid down in the Treaty of Accession are fulfilled by each of those two countries;

| 3. | Recalls the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues and especially the timing of accession, in the light of the state of implementation of the necessary reforms, in particular of the requirements of membership regarding the judiciary system and the fight against corruption, and on the basis of the Commission's detailed assessment of the situation next spring; therefore expects the Commission and Romania to work closely with Parliament in this regard; |
| --- | --- |

3.

Recalls the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues and especially the timing of accession, in the light of the state of implementation of the necessary reforms, in particular of the requirements of membership regarding the judiciary system and the fight against corruption, and on the basis of the Commission's detailed assessment of the situation next spring; therefore expects the Commission and Romania to work closely with Parliament in this regard;

| 4. | Also expresses its wish that the accession of Romania and Bulgaria should take place in solidarity, while emphasising that the applications of both countries must ultimately be considered and evaluated on their own merits; |
| --- | --- |

4.

Also expresses its wish that the accession of Romania and Bulgaria should take place in solidarity, while emphasising that the applications of both countries must ultimately be considered and evaluated on their own merits;

| 5. | Points out that the reform effort that the Union has requested from Romania is in the interests of both sides, enabling Romania to benefit fully from the advantages of accession and ensuring that accession takes place in the best possible conditions; |
| --- | --- |

5.

Points out that the reform effort that the Union has requested from Romania is in the interests of both sides, enabling Romania to benefit fully from the advantages of accession and ensuring that accession takes place in the best possible conditions;

| 6. | Recognises Romania's significant contribution to the stability of the wider south-east European region and her continuing role in the promotion of regional security and prosperity; |
| --- | --- |

6.

Recognises Romania's significant contribution to the stability of the wider south-east European region and her continuing role in the promotion of regional security and prosperity;

| 7. | Notes the assessment of Romania's preparations for accession as set out in the Commission's progress report, and shares its conclusions;
  in that context:






  — | welcomes the significant advances, particularly in the fields of freedom of expression, justice, the integration of minorities, the protection of children, the restoration of property and competition policy; |
| --- | --- | --- |

7.

Notes the assessment of Romania's preparations for accession as set out in the Commission's progress report, and shares its conclusions;

in that context:

—

welcomes the significant advances, particularly in the fields of freedom of expression, justice, the integration of minorities, the protection of children, the restoration of property and competition policy;

| — | points out that efforts must be continued, particularly to complete the reform of public administration; to ensure that the legal system functions properly; to place relations between citizens and institutions on a sound and transparent footing; to combat crime and illegal trafficking; to move forward with the integration of Roma; and to finish implementing the ‘acquis communautaire’; |
| --- | --- |

—

points out that efforts must be continued, particularly to complete the reform of public administration; to ensure that the legal system functions properly; to place relations between citizens and institutions on a sound and transparent footing; to combat crime and illegal trafficking; to move forward with the integration of Roma; and to finish implementing the ‘acquis communautaire’;

| — | is concerned at persistent reports of ill-treatment by law-enforcement personnel, including excessive use of force and use of lethal force, where many of the victims are Roma; calls on Romania to improve the judicial review of such cases; |
| --- | --- |

—

is concerned at persistent reports of ill-treatment by law-enforcement personnel, including excessive use of force and use of lethal force, where many of the victims are Roma; calls on Romania to improve the judicial review of such cases;

| — | is concerned at persistent delays in a number of areas, such as improving administrative capacity, combating corruption and implementing the ‘acquis communautaire’ in certain areas of agriculture, public procurement and the environment; |
| --- | --- |

—

is concerned at persistent delays in a number of areas, such as improving administrative capacity, combating corruption and implementing the ‘acquis communautaire’ in certain areas of agriculture, public procurement and the environment;

| 8. | Considers it as one of the highest priorities to combat corruption, particularly high-level corruption, corruption at every level of the judiciary, law-enforcement agencies and the public administration, as well as large-scale corruption, which must be pursued with determination at all levels, by rigorous enforcement of the law and successful prosecutions as well as a proper understanding of the gravity of this problem and its consequences; |
| --- | --- |

8.

Considers it as one of the highest priorities to combat corruption, particularly high-level corruption, corruption at every level of the judiciary, law-enforcement agencies and the public administration, as well as large-scale corruption, which must be pursued with determination at all levels, by rigorous enforcement of the law and successful prosecutions as well as a proper understanding of the gravity of this problem and its consequences;

| 9. | Points out that the Romanian external border will become an external border of the European Union; |
| --- | --- |

9.

Points out that the Romanian external border will become an external border of the European Union;

| 10. | Stresses the need to continue reform of the legal system by complying with the objectives and timetable set out in the Action Plan and ensuring, with the requisite financial and human resources, that it is effectively implemented, particularly as regards combating illegal trafficking (especially drug trafficking and trafficking in human beings), and by tightening up financial control; |
| --- | --- |

10.

Stresses the need to continue reform of the legal system by complying with the objectives and timetable set out in the Action Plan and ensuring, with the requisite financial and human resources, that it is effectively implemented, particularly as regards combating illegal trafficking (especially drug trafficking and trafficking in human beings), and by tightening up financial control;

| 11. | Strongly encourages the Romanian parliament to adopt without delay the revised Penal Code proposed by the government, which aims at removing criminal defamation provisions and at bringing the code into line with the legislation of all EU Member States; |
| --- | --- |

11.

Strongly encourages the Romanian parliament to adopt without delay the revised Penal Code proposed by the government, which aims at removing criminal defamation provisions and at bringing the code into line with the legislation of all EU Member States;

| 12. | Considers that the adoption by the Romanian parliament of the law on mediation would help to reduce the number of pending judicial cases; |
| --- | --- |

12.

Considers that the adoption by the Romanian parliament of the law on mediation would help to reduce the number of pending judicial cases;

| 13. | Also draws attention to the need to strengthen human and material resources with a view to substantially improving the management and security of frontiers, in order to combat illegal trafficking, organised crime and illegal immigration; |
| --- | --- |

13.

Also draws attention to the need to strengthen human and material resources with a view to substantially improving the management and security of frontiers, in order to combat illegal trafficking, organised crime and illegal immigration;

| 14. | Notes that, in spite of encouraging economic results, poverty remains widespread and the standard of living is still well below the EU average, necessitating further efforts to achieve cohesion and solidarity; |
| --- | --- |

14.

Notes that, in spite of encouraging economic results, poverty remains widespread and the standard of living is still well below the EU average, necessitating further efforts to achieve cohesion and solidarity;

| 15. | Considers it particularly urgent for action to be taken to strengthen the administrative capacity of the institutions and set up machinery for financial management and control, so as to enable the funding allocated to be used in an effective and transparent way; strongly insists that concerted and sustained efforts still need to be made towards administrative reform, which is key to the successful implementation of the ‘acquis communautaire’; |
| --- | --- |

15.

Considers it particularly urgent for action to be taken to strengthen the administrative capacity of the institutions and set up machinery for financial management and control, so as to enable the funding allocated to be used in an effective and transparent way; strongly insists that concerted and sustained efforts still need to be made towards administrative reform, which is key to the successful implementation of the ‘acquis communautaire’;

| 16. | Recommends that pre-accession aid in agriculture and rural development should focus on the creation of partnerships for sustainable rural development programming including civil society, the public and the private sector, especially by making use of the bottom-up method of the Leader approach, which is now also available for pre-accession programmes; |
| --- | --- |

16.

Recommends that pre-accession aid in agriculture and rural development should focus on the creation of partnerships for sustainable rural development programming including civil society, the public and the private sector, especially by making use of the bottom-up method of the Leader approach, which is now also available for pre-accession programmes;

| 17. | Asks the Romanian Government to make further efforts in the implementation of legislation on the environment, and calls for consultation with neighbouring countries and vigorous application of standards in the spirit of relevant EU proposals under consideration (e.g. the management of waste by extractive industries), with special attention being paid to large-scale mining projects having substantial environmental implications as in the case of Rosia Montana; |
| --- | --- |

17.

Asks the Romanian Government to make further efforts in the implementation of legislation on the environment, and calls for consultation with neighbouring countries and vigorous application of standards in the spirit of relevant EU proposals under consideration (e.g. the management of waste by extractive industries), with special attention being paid to large-scale mining projects having substantial environmental implications as in the case of Rosia Montana;

| 18. | Refers to the disastrous effects of the floods in the summer of 2005, which were the heaviest for the last 100 years and temporarily affected more than 60 % of the country, causing severe damage and completely destroying the homes of many people in several regions; calls on the Commission to consider the extent to which pre-accession assistance funds could be used to help those people and regions which have been severely hit by the floods; |
| --- | --- |

18.

Refers to the disastrous effects of the floods in the summer of 2005, which were the heaviest for the last 100 years and temporarily affected more than 60 % of the country, causing severe damage and completely destroying the homes of many people in several regions; calls on the Commission to consider the extent to which pre-accession assistance funds could be used to help those people and regions which have been severely hit by the floods;

| 19. | Asks the Commission and the Council to support the Romanian Government in its efforts to protect the unique environment of the Danube delta, which is part of a Unesco heritage site and which is now endangered by the works that the Ukrainian authorities have restarted on the Bystroe branch; |
| --- | --- |

19.

Asks the Commission and the Council to support the Romanian Government in its efforts to protect the unique environment of the Danube delta, which is part of a Unesco heritage site and which is now endangered by the works that the Ukrainian authorities have restarted on the Bystroe branch;

| 20. | Enjoins Romania to adopt and implement veterinary legislation, so as to safeguard food safety and prevent the transmission of animal diseases; |
| --- | --- |

20.

Enjoins Romania to adopt and implement veterinary legislation, so as to safeguard food safety and prevent the transmission of animal diseases;

| 21. | Emphasises the need to speed up implementation of the law on the restitution of property; |
| --- | --- |

21.

Emphasises the need to speed up implementation of the law on the restitution of property;

| 22. | Considers it equally urgent to implement the law on intellectual property, so as to prevent piracy and counterfeiting; |
| --- | --- |

22.

Considers it equally urgent to implement the law on intellectual property, so as to prevent piracy and counterfeiting;

| 23. | Notes with satisfaction the improvements made by the Romanian authorities in the area of the protection of children and urges the Romanian Government to settle the cases of applications for international adoption made during the moratorium of June 2001, ensuring that all cases are examined in the light of the UN Convention on the Rights of the Child and the Romanian Law on the Legal Status of Adoption, with the goal of allowing inter-country adoptions to take place, where justified and appropriate, in those special cases; |
| --- | --- |

23.

Notes with satisfaction the improvements made by the Romanian authorities in the area of the protection of children and urges the Romanian Government to settle the cases of applications for international adoption made during the moratorium of June 2001, ensuring that all cases are examined in the light of the UN Convention on the Rights of the Child and the Romanian Law on the Legal Status of Adoption, with the goal of allowing inter-country adoptions to take place, where justified and appropriate, in those special cases;

| 24. | Draws attention to the urgent need to protect people with a learning disability whose living and care conditions still are not satisfactory, in particular disabled persons with intellectual disabilities and mental health problems living in residential care; calls for immediate action by the Romanian Government to dismantle the large residential institutions for disabled persons in favour of smaller, community-based residential services with substantial earmarked funding support from the Commission; stresses however the vital need to take all necessary measures to implement the 2002 Law on Mental Health and Protection of People with Psychological Disorders; |
| --- | --- |

24.

Draws attention to the urgent need to protect people with a learning disability whose living and care conditions still are not satisfactory, in particular disabled persons with intellectual disabilities and mental health problems living in residential care; calls for immediate action by the Romanian Government to dismantle the large residential institutions for disabled persons in favour of smaller, community-based residential services with substantial earmarked funding support from the Commission; stresses however the vital need to take all necessary measures to implement the 2002 Law on Mental Health and Protection of People with Psychological Disorders;

| 25. | Notes that implementation of the anti-discriminatory laws and measures adopted by Romania on behalf of the Roma is a step forward, but considers that the effort to achieve integration, particularly through applying a policy of zero-tolerance on racism against Roma as well as ensuring better access to quality education and the employment market, must be continued while making sure that the media are fully involved; |
| --- | --- |

25.

Notes that implementation of the anti-discriminatory laws and measures adopted by Romania on behalf of the Roma is a step forward, but considers that the effort to achieve integration, particularly through applying a policy of zero-tolerance on racism against Roma as well as ensuring better access to quality education and the employment market, must be continued while making sure that the media are fully involved;

| 26. | Expresses its disappointment over the continued delay in the adoption of the law on minorities; expresses disquiet that discriminatory measures are still contained in the electoral laws and repeated in the draft law on minorities; wishes to see the law on minorities approved as soon as possible, respecting the political criteria; |
| --- | --- |

26.

Expresses its disappointment over the continued delay in the adoption of the law on minorities; expresses disquiet that discriminatory measures are still contained in the electoral laws and repeated in the draft law on minorities; wishes to see the law on minorities approved as soon as possible, respecting the political criteria;

| 27. | Reiterates that additional measures need to be taken to ensure the protection of the Hungarian minority in accordance with the principles of subsidiary and cultural autonomy; calls on the Romanian authorities to fully sustain higher education for the Hungarian minority by providing the financial means needed; |
| --- | --- |

27.

Reiterates that additional measures need to be taken to ensure the protection of the Hungarian minority in accordance with the principles of subsidiary and cultural autonomy; calls on the Romanian authorities to fully sustain higher education for the Hungarian minority by providing the financial means needed;

| 28. | Calls on the Commission to continue to monitor the preparations for accession with rigour and objectivity and to help the Romanian authorities fulfil their commitments, while taking care to follow developments, not only in terms of commitments given but also in terms of their implementation at local level, in the areas where changes have been requested in its previous reports; |
| --- | --- |

28.

Calls on the Commission to continue to monitor the preparations for accession with rigour and objectivity and to help the Romanian authorities fulfil their commitments, while taking care to follow developments, not only in terms of commitments given but also in terms of their implementation at local level, in the areas where changes have been requested in its previous reports;

| 29. | Repeats its demand to be regularly informed by the Commission of its monitoring work and to be fully involved in the final decision on any use of the safeguard clauses; |
| --- | --- |

29.

Repeats its demand to be regularly informed by the Commission of its monitoring work and to be fully involved in the final decision on any use of the safeguard clauses;

| 30. | Approves the Commission's approach, whereby the decision on whether to postpone the date of accession will be taken on the basis of the results obtained by Romania by the spring of 2006; |
| --- | --- |

30.

Approves the Commission's approach, whereby the decision on whether to postpone the date of accession will be taken on the basis of the results obtained by Romania by the spring of 2006;

| 31. | Reaffirms its wish, supported by a strong political will, to see Romania join the Union on 1 January 2007, but points out that fulfilment of this aim depends first on the Romanian authorities' ability to fulfil the commitments made in the Accession Treaty, failing which the safeguard clauses will be activated; |
| --- | --- |

31.

Reaffirms its wish, supported by a strong political will, to see Romania join the Union on 1 January 2007, but points out that fulfilment of this aim depends first on the Romanian authorities' ability to fulfil the commitments made in the Accession Treaty, failing which the safeguard clauses will be activated;

| 32. | Calls on the Romanian authorities to make good in a satisfactory manner the shortcomings identified, so as to enable Romania to accede in accordance with the intended timetable; |
| --- | --- |

32.

Calls on the Romanian authorities to make good in a satisfactory manner the shortcomings identified, so as to enable Romania to accede in accordance with the intended timetable;

| 33. | Calls on those Member States of the Union that have not yet done so to ratify as soon as possible the Treaty of Accession of Romania to the European Union; |
| --- | --- |

33.

Calls on those Member States of the Union that have not yet done so to ratify as soon as possible the Treaty of Accession of Romania to the European Union;

| 34. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and of Romania. |
| --- | --- |

34.

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

P6_TA(2005)0532

Women's networks

European Parliament resolution on Women's networks: fishing, farming and diversification (2004/2263(INI))

The European Parliament,

| — | having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1),

| — | having regard to the innovative actions financed within the Financial Instrument for Fisheries Guidance (FIFG) on the basis of Article 22 of Regulation (EC) No 1260/1999, |
| --- | --- |

—

having regard to the innovative actions financed within the Financial Instrument for Fisheries Guidance (FIFG) on the basis of Article 22 of Regulation (EC) No 1260/1999,

| — | having regard to Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (2),

| — | having regard to the conference on the role of women in the fisheries sector organised by the Commission on 23-24 January 2003 in Brussels, |
| --- | --- |

—

having regard to the conference on the role of women in the fisheries sector organised by the Commission on 23-24 January 2003 in Brussels,

| — | having regard to its resolution of 3 July 2003 on women in rural areas of the European Union in the light of the mid-term review of the common agricultural policy (3), |
| --- | --- |

—

having regard to its resolution of 3 July 2003 on women in rural areas of the European Union in the light of the mid-term review of the common agricultural policy (3),

| — | having regard to the Commission proposal for a Council regulation for a European Fisheries Fund (COM(2004)0497), |
| --- | --- |

—

having regard to the Commission proposal for a Council regulation for a European Fisheries Fund (COM(2004)0497),

| — | having regard to its position of 6 July 2005 on the proposal for a Council Regulation on the European Fisheries Fund (4), |
| --- | --- |

—

having regard to its position of 6 July 2005 on the proposal for a Council Regulation on the European Fisheries Fund (4),

| — | having regard to Articles 13, 32, 137, 141 and 158 of the Treaty establishing the European Community, |
| --- | --- |

—

having regard to Articles 13, 32, 137, 141 and 158 of the Treaty establishing the European Community,

| — | having regard to the extent of development of women's networks in fisheries-dependent communities, |
| --- | --- |

—

having regard to the extent of development of women's networks in fisheries-dependent communities,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries and the opinion of the Committee on Women's Rights and Gender Equality (A6-0341/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Women's Rights and Gender Equality (A6-0341/2005),

| A. | whereas the role of women in fisheries-dependent communities has traditionally been a largely invisible one, |
| --- | --- |

A.

whereas the role of women in fisheries-dependent communities has traditionally been a largely invisible one,

| B. | whereas, although women form only a small proportion of those engaged in capture fishery, they are in fact active in harvesting and aquaculture, processing, marketing, research, journalism, management, business, training, including safety at sea, and representation, as well as in providing other forms of support for those engaged in the fishing industry, |
| --- | --- |

B.

whereas, although women form only a small proportion of those engaged in capture fishery, they are in fact active in harvesting and aquaculture, processing, marketing, research, journalism, management, business, training, including safety at sea, and representation, as well as in providing other forms of support for those engaged in the fishing industry,

| C. | whereas, despite their clear economic value and the benefits they bring to the sector in general, many of these activities are undertaken on a voluntary basis or are poorly paid, with a consequent lack of adequate social protection; whereas, likewise, this work is often carried out with a high level of risk or with serious effects on health, |
| --- | --- |

C.

whereas, despite their clear economic value and the benefits they bring to the sector in general, many of these activities are undertaken on a voluntary basis or are poorly paid, with a consequent lack of adequate social protection; whereas, likewise, this work is often carried out with a high level of risk or with serious effects on health,

| D. | whereas there are many parallels in these regards with women in farming communities, |
| --- | --- |

D.

whereas there are many parallels in these regards with women in farming communities,

| E. | whereas women are particularly well placed to provide information on the socio-economic impact of implementing the Common Fisheries Policy and the Common Agricultural Policy and on the impact of restructuring on the industries concerned, |
| --- | --- |

E.

whereas women are particularly well placed to provide information on the socio-economic impact of implementing the Common Fisheries Policy and the Common Agricultural Policy and on the impact of restructuring on the industries concerned,

| F. | whereas although the role of women in fisheries-dependent communities has gained greater recognition since the aforementioned conference on the role of women in the fisheries sector and the extent of networking between women has increased, there seems to be insufficient information about the numbers and nature of existing networks, |
| --- | --- |

F.

whereas although the role of women in fisheries-dependent communities has gained greater recognition since the aforementioned conference on the role of women in the fisheries sector and the extent of networking between women has increased, there seems to be insufficient information about the numbers and nature of existing networks,

| G. | whereas women's networks not only provide mutual support but can make a major contribution to the economic and social development of fisheries-dependent communities, |
| --- | --- |

G.

whereas women's networks not only provide mutual support but can make a major contribution to the economic and social development of fisheries-dependent communities,

| H. | whereas the networks still appear to be confined to local and regional levels and developed unevenly across the European Union, with a particularly low profile in the newer Member States, |
| --- | --- |

H.

whereas the networks still appear to be confined to local and regional levels and developed unevenly across the European Union, with a particularly low profile in the newer Member States,

| I. | whereas the North Sea Women's Network has a place on the North Sea Regional Advisory Council, |
| --- | --- |

I.

whereas the North Sea Women's Network has a place on the North Sea Regional Advisory Council,

| J. | whereas there are still too many legal and social barriers to the full participation of women in the fisheries sector in representative activities, which may even extend to them being barred from decision-making bodies in some communities or associations, |
| --- | --- |

J.

whereas there are still too many legal and social barriers to the full participation of women in the fisheries sector in representative activities, which may even extend to them being barred from decision-making bodies in some communities or associations,

| 1. | Recognises the role that the Commission has played in hosting the aforementioned conference on the role of women in the fisheries sector and in funding a number of innovative actions, and welcomes its intention to host another Conference in the near future; believes, nonetheless, that insufficient progress has been made; |
| --- | --- |

1.

Recognises the role that the Commission has played in hosting the aforementioned conference on the role of women in the fisheries sector and in funding a number of innovative actions, and welcomes its intention to host another Conference in the near future; believes, nonetheless, that insufficient progress has been made;

| 2. | Calls on the Commission and the Member States to launch the necessary actions to secure greater legal and social recognition of, promote and raise the profile of the work of women in the fisheries sector, to support their efforts to obtain better living conditions for their families and communities and to guarantee social and economic rights, including wage equality, unemployment benefit in case of interruption of work (temporary or definitive), the right to obtain a pension, the reconciliation of work and family life and access to parental leave, access to social security and a free health service, and the protection of safety and health at work; |
| --- | --- |

2.

Calls on the Commission and the Member States to launch the necessary actions to secure greater legal and social recognition of, promote and raise the profile of the work of women in the fisheries sector, to support their efforts to obtain better living conditions for their families and communities and to guarantee social and economic rights, including wage equality, unemployment benefit in case of interruption of work (temporary or definitive), the right to obtain a pension, the reconciliation of work and family life and access to parental leave, access to social security and a free health service, and the protection of safety and health at work;

| 3. | Calls on the Commission to produce a report as soon as possible identifying the nature, extent, objectives and activities of women's networks in fisheries throughout the European Union, paying particular attention to the situation in the newer Member States; |
| --- | --- |

3.

Calls on the Commission to produce a report as soon as possible identifying the nature, extent, objectives and activities of women's networks in fisheries throughout the European Union, paying particular attention to the situation in the newer Member States;

| 4. | Underlines the fact that women's active participation in fisheries-related activities helps to preserve cultural traditions and specific practices and aids the survival of their communities, thereby ensuring the protection of cultural diversity in these regions; |
| --- | --- |

4.

Underlines the fact that women's active participation in fisheries-related activities helps to preserve cultural traditions and specific practices and aids the survival of their communities, thereby ensuring the protection of cultural diversity in these regions;

| 5. | Recognising that these networks have emerged above all from local or regional initiatives, calls on the Commission to look into specific measures to provide active support for both the development of existing women's networks, particularly where they are less consolidated, and their creation where no such networks exist; |
| --- | --- |

5.

Recognising that these networks have emerged above all from local or regional initiatives, calls on the Commission to look into specific measures to provide active support for both the development of existing women's networks, particularly where they are less consolidated, and their creation where no such networks exist;

| 6. | Calls on the Commission also to consider what measures it might take to assist in the development of a women's network at pan-European Union level, paying particular attention to the need to eliminate linguistic barriers; |
| --- | --- |

6.

Calls on the Commission also to consider what measures it might take to assist in the development of a women's network at pan-European Union level, paying particular attention to the need to eliminate linguistic barriers;

| 7. | Calls on the Commission to establish appropriate channels to increase and disseminate information on the situation of women in the various areas which make up and are linked to the fisheries sector, and to promote sociological research on fishing communities; calls on the Commission to provide active support for existing women's networks and the creation of new networks, at national, regional and local level, and to foster the exchange of information and good practices; underlines, in this context, the need for close cooperation with the future European Institute for Gender Equality with a view to improved effectiveness as regards identifying and combating discrimination against women in these communities; |
| --- | --- |

7.

Calls on the Commission to establish appropriate channels to increase and disseminate information on the situation of women in the various areas which make up and are linked to the fisheries sector, and to promote sociological research on fishing communities; calls on the Commission to provide active support for existing women's networks and the creation of new networks, at national, regional and local level, and to foster the exchange of information and good practices; underlines, in this context, the need for close cooperation with the future European Institute for Gender Equality with a view to improved effectiveness as regards identifying and combating discrimination against women in these communities;

| 8. | Calls on the Commission and the Member States to give a commitment to take the necessary measures to eliminate the administrative and social barriers hampering women's full participation and progress in all areas of the fisheries sector through specific actions for the sector, and to ensure the full application of the principle of equal treatment and opportunities for women and men in all fields, in particular training, and access to funding and loans, including micro-credits, etc. to encourage entrepreneurship; |
| --- | --- |

8.

Calls on the Commission and the Member States to give a commitment to take the necessary measures to eliminate the administrative and social barriers hampering women's full participation and progress in all areas of the fisheries sector through specific actions for the sector, and to ensure the full application of the principle of equal treatment and opportunities for women and men in all fields, in particular training, and access to funding and loans, including micro-credits, etc. to encourage entrepreneurship;

| 9. | Calls on the Commission and the Member States to promote more vocational training and education specially geared to the activities of women working in the fisheries sector and to set up mechanisms to improve the provision of information about training opportunities and the funding available to make use of them; |
| --- | --- |

9.

Calls on the Commission and the Member States to promote more vocational training and education specially geared to the activities of women working in the fisheries sector and to set up mechanisms to improve the provision of information about training opportunities and the funding available to make use of them;

| 10. | Welcomes the provisions in the proposed European Fisheries Fund that oblige Member States to ensure that operations to enhance the role of women in the fisheries sector are promoted and calls on the Council to adopt Parliament's Amendment 24 in its aforementioned position on the European Fisheries Fund which emphasised that efforts on a trans-national level should also be promoted; nevertheless urges the Commission to support specific projects which have as their objective the recognition, promotion and diversification of women's role in fisheries-related areas; |
| --- | --- |

10.

Welcomes the provisions in the proposed European Fisheries Fund that oblige Member States to ensure that operations to enhance the role of women in the fisheries sector are promoted and calls on the Council to adopt Parliament's Amendment 24 in its aforementioned position on the European Fisheries Fund which emphasised that efforts on a trans-national level should also be promoted; nevertheless urges the Commission to support specific projects which have as their objective the recognition, promotion and diversification of women's role in fisheries-related areas;

| 11. | Urges the Commission, likewise, to draw up a specific pilot project to address the particular situation of shellfish gatherers; |
| --- | --- |

11.

Urges the Commission, likewise, to draw up a specific pilot project to address the particular situation of shellfish gatherers;

| 12. | Believes that the provisions of the European Fisheries Fund should afford an opportunity to support activities that have hitherto been undertaken on a voluntary basis and calls on the Commission to consider what other sources of funding might be made available to women's networks in the fisheries sector, including sources of micro-credit; |
| --- | --- |

12.

Believes that the provisions of the European Fisheries Fund should afford an opportunity to support activities that have hitherto been undertaken on a voluntary basis and calls on the Commission to consider what other sources of funding might be made available to women's networks in the fisheries sector, including sources of micro-credit;

| 13. | Believes further that an important use of fisheries-related European funding would be the involvement of women's networks in projects researching the impact of restructuring on the fishing and farming industries; |
| --- | --- |

13.

Believes further that an important use of fisheries-related European funding would be the involvement of women's networks in projects researching the impact of restructuring on the fishing and farming industries;

| 14. | Calls on the Commission to maintain the Femmes programme and include networks of women working in fisheries-related occupations; |
| --- | --- |

14.

Calls on the Commission to maintain the Femmes programme and include networks of women working in fisheries-related occupations;

| 15. | Believes also that women's networks have an important role to play in the development of Coastal Action Groups and that there should be sufficient flexibility in the use of the Structural Funds to allow the integration of the activities of women in fisheries-dependent communities and of women in farming communities in coastal areas; |
| --- | --- |

15.

Believes also that women's networks have an important role to play in the development of Coastal Action Groups and that there should be sufficient flexibility in the use of the Structural Funds to allow the integration of the activities of women in fisheries-dependent communities and of women in farming communities in coastal areas;

| 16. | Stresses the need to strengthen women's effective participation in representative, decision-making and advisory fisheries bodies at European, national and regional level, and believes that a Commission recommendation to the competent bodies to take action in this regard would make a positive contribution; |
| --- | --- |

16.

Stresses the need to strengthen women's effective participation in representative, decision-making and advisory fisheries bodies at European, national and regional level, and believes that a Commission recommendation to the competent bodies to take action in this regard would make a positive contribution;

| 17. | Believes that women's networks can contribute to improving safety at sea and to improving the sustainability of fisheries, in particular by promoting consumption of fish from sustainable stocks and discouraging consumption of fish from unsustainable stocks; |
| --- | --- |

17.

Believes that women's networks can contribute to improving safety at sea and to improving the sustainability of fisheries, in particular by promoting consumption of fish from sustainable stocks and discouraging consumption of fish from unsustainable stocks;

| 18. | Calls on the Commission to report regularly to Parliament on the development of women's networks in the fisheries sector and on the basis on which their activities are being funded; calls on the Commission to keep Parliament periodically informed of developments in the situation of women in the fisheries sector; |
| --- | --- |

18.

Calls on the Commission to report regularly to Parliament on the development of women's networks in the fisheries sector and on the basis on which their activities are being funded; calls on the Commission to keep Parliament periodically informed of developments in the situation of women in the fisheries sector;

| 19. | Calls on the Commission and the Member States to review the situation of women in fishing and farming communities at European, national and regional level and to address any issues relating to the adequacy of their health and other social protection and to remove any barriers to their participation in representative activities; proposes, as an initial measure, that the Commission make a recommendation to the competent bodies that they take action in this regard; |
| --- | --- |

19.

Calls on the Commission and the Member States to review the situation of women in fishing and farming communities at European, national and regional level and to address any issues relating to the adequacy of their health and other social protection and to remove any barriers to their participation in representative activities; proposes, as an initial measure, that the Commission make a recommendation to the competent bodies that they take action in this regard;

| 20. | Shares the concern of women working in the sector at the scant presence of young people in fishing activities, and calls on the Commission to launch measures to encourage young people to work in the sector in order to ensure its continuity; |
| --- | --- |

20.

Shares the concern of women working in the sector at the scant presence of young people in fishing activities, and calls on the Commission to launch measures to encourage young people to work in the sector in order to ensure its continuity;

| 21. | Calls on all those engaged in the formation of Regional Advisory Councils to ensure the participation of representative delegates from women's networks in their activities, particularly with regard to work on the socio-economic impact of fisheries policy; considers that, in this connection, consideration should be given to the extent to which women's networks can be compensated for the costs they incur; |
| --- | --- |

21.

Calls on all those engaged in the formation of Regional Advisory Councils to ensure the participation of representative delegates from women's networks in their activities, particularly with regard to work on the socio-economic impact of fisheries policy; considers that, in this connection, consideration should be given to the extent to which women's networks can be compensated for the costs they incur;

| 22. | Instructs its President to forward this resolution to the Council and Commission, the governments of the Member States and the Regional Advisory Councils. |
| --- | --- |

22.

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

---

(1)  OJ L 161, 26.6.1999, p. 1.

(2)  OJ L 337, 30.12.1999, p. 10.

(3)  OJ C 74 E, 24.3.2004, p. 882.

(4)  Texts Adopted, P6_TA(2005)0282.

P6_TA(2005)0533

Human rights situation in Tibet and Hong Kong

European Parliament resolution on Tibet and Hong Kong

The European Parliament,

| — | having regard to its previous resolutions on Tibet and the human rights situation in China, |
| --- | --- |

—

having regard to its previous resolutions on Tibet and the human rights situation in China,

| — | having regard to its resolutions of 18 November 2004 (1), 13 January 2005 (2) and 27 October 2005 (3) on the case of the Lama Tenzin Delek Rinpoche, imprisoned and tortured and therefore in danger of his life, |
| --- | --- |

—

having regard to its resolutions of 18 November 2004 (1), 13 January 2005 (2) and 27 October 2005 (3) on the case of the Lama Tenzin Delek Rinpoche, imprisoned and tortured and therefore in danger of his life,

| — | having regard to its resolution of 19 December 2002 on Hong Kong (4), |
| --- | --- |

—

having regard to its resolution of 19 December 2002 on Hong Kong (4),

| — | having regard to the Joint Statement of the Eighth EU-China Summit held in Beijing on 5 September 2005, |
| --- | --- |

—

having regard to the Joint Statement of the Eighth EU-China Summit held in Beijing on 5 September 2005,

| — | having regard to the lack of progress in the EU-China Human Rights Dialogue, |
| --- | --- |

—

having regard to the lack of progress in the EU-China Human Rights Dialogue,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

Tibet

| A. | whereas Chinese officials have been conducting a so-called ‘patriotic education’ campaign since October 2005, forcing Tibetans to sign declarations denouncing His Holiness the Dalai Lama as a dangerous separatist and proclaiming Tibet to be ‘part of China’, |
| --- | --- |

A.

whereas Chinese officials have been conducting a so-called ‘patriotic education’ campaign since October 2005, forcing Tibetans to sign declarations denouncing His Holiness the Dalai Lama as a dangerous separatist and proclaiming Tibet to be ‘part of China’,

| B. | whereas the young Tibetan Monk, Ngawang Jangchub, died in mysterious and unexplained circumstances in Drepung Monastery in Lhasa in October 2005 during a ‘patriotic education’ session, |
| --- | --- |

B.

whereas the young Tibetan Monk, Ngawang Jangchub, died in mysterious and unexplained circumstances in Drepung Monastery in Lhasa in October 2005 during a ‘patriotic education’ session,

| C. | whereas five Tibetan monks belonging to Drepung Monastery in Lhasa who refused to sign the declarations were arrested on 23 October 2005 and imprisoned in Public Security Bureau (PSB) Detention Centres in their respective places of origin and have probably been tortured, |
| --- | --- |

C.

whereas five Tibetan monks belonging to Drepung Monastery in Lhasa who refused to sign the declarations were arrested on 23 October 2005 and imprisoned in Public Security Bureau (PSB) Detention Centres in their respective places of origin and have probably been tortured,

| D. | whereas it is not yet clear whether more protesters have been arrested, |
| --- | --- |

D.

whereas it is not yet clear whether more protesters have been arrested,

| E. | whereas more than 400 Tibetan monks from Drepung Monastery in Lhasa protested peacefully against the imprisonment of their comrades and scores of them were forced back into their quarters violently by the Chinese People's Armed Police and Special Forces of the PSB, |
| --- | --- |

E.

whereas more than 400 Tibetan monks from Drepung Monastery in Lhasa protested peacefully against the imprisonment of their comrades and scores of them were forced back into their quarters violently by the Chinese People's Armed Police and Special Forces of the PSB,

| F. | whereas Drepung Monastery in Lhasa with its thousands of inhabitants is hermetically sealed by Special Forces and no one has been allowed to enter or leave its buildings since 25 November 2005, |
| --- | --- |

F.

whereas Drepung Monastery in Lhasa with its thousands of inhabitants is hermetically sealed by Special Forces and no one has been allowed to enter or leave its buildings since 25 November 2005,

| G. | whereas Tenzin Delek Rinpoche is still imprisoned and his state of health unknown, |
| --- | --- |

G.

whereas Tenzin Delek Rinpoche is still imprisoned and his state of health unknown,

| H. | whereas the Special Rapporteur of the United Nations Commission on Human Rights on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, who visited China from 20 November to 2 December 2005, has confirmed, on the basis of the information he received during his mission, that many methods of torture have been used in China, and believes that the practice of torture remains widespread in China, |
| --- | --- |

H.

whereas the Special Rapporteur of the United Nations Commission on Human Rights on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, who visited China from 20 November to 2 December 2005, has confirmed, on the basis of the information he received during his mission, that many methods of torture have been used in China, and believes that the practice of torture remains widespread in China,

Hong Kong

| I. | whereas, on Sunday, 4 December 2005, tens of thousands of people took part in a march in Hong Kong to demand a fully democratic system, |
| --- | --- |

I.

whereas, on Sunday, 4 December 2005, tens of thousands of people took part in a march in Hong Kong to demand a fully democratic system,

| J. | whereas the Chief Executive is currently chosen by a committee made up of about 800 Hong Kong residents selected by the Chinese authorities, |
| --- | --- |

J.

whereas the Chief Executive is currently chosen by a committee made up of about 800 Hong Kong residents selected by the Chinese authorities,

| K. | whereas, according to Articles 45 and 68 of the Hong Kong Basic Law, the selection of the Chief Executive and all members of the Legislative Council should ultimately be by universal suffrage, |
| --- | --- |

K.

whereas, according to Articles 45 and 68 of the Hong Kong Basic Law, the selection of the Chief Executive and all members of the Legislative Council should ultimately be by universal suffrage,

Tibet

| 1. | Demands that the Government of the People's Republic of China (PRC) clarify the circumstances of the death of the young Tibetan Monk Ngawang Jangchub during the ‘patriotic education’ session in October 2005; |
| --- | --- |

1.

Demands that the Government of the People's Republic of China (PRC) clarify the circumstances of the death of the young Tibetan Monk Ngawang Jangchub during the ‘patriotic education’ session in October 2005;

| 2. | Is deeply concerned about the state of health of the five monks arrested on 23 November 2005 at Drepung Monastery; |
| --- | --- |

2.

Is deeply concerned about the state of health of the five monks arrested on 23 November 2005 at Drepung Monastery;

| 3. | Urges the Government of the PRC to immediately release them from their imprisonment in PSB Detention Centres; |
| --- | --- |

3.

Urges the Government of the PRC to immediately release them from their imprisonment in PSB Detention Centres;

| 4. | Calls on the Government of the PRC to provide all the information available concerning their detention conditions with reference, in particular, to the allegations of torture and the possible arrest of more people; |
| --- | --- |

4.

Calls on the Government of the PRC to provide all the information available concerning their detention conditions with reference, in particular, to the allegations of torture and the possible arrest of more people;

| 5. | Urges the Government to suspend the blockade of Drepung Monastery in Lhasa immediately; |
| --- | --- |

5.

Urges the Government to suspend the blockade of Drepung Monastery in Lhasa immediately;

| 6. | Urges the Chinese authorities to cease the ‘patriotic education’ campaign, to react in a proportionate manner to non-violent protests and not to undermine human rights by the use of physical violence against such protests; |
| --- | --- |

6.

Urges the Chinese authorities to cease the ‘patriotic education’ campaign, to react in a proportionate manner to non-violent protests and not to undermine human rights by the use of physical violence against such protests;

| 7. | Calls on the Council and the Commission to make strong representations to the Chinese authorities on this issue within the framework of the EU-China Human Rights Dialogue; expects this dialogue to be more effective with a view to bringing about a substantial improvement in the poor human rights record of China; |
| --- | --- |

7.

Calls on the Council and the Commission to make strong representations to the Chinese authorities on this issue within the framework of the EU-China Human Rights Dialogue; expects this dialogue to be more effective with a view to bringing about a substantial improvement in the poor human rights record of China;

| 8. | Demands once again the immediate release of Tenzin Delek Rinpoche; |
| --- | --- |

8.

Demands once again the immediate release of Tenzin Delek Rinpoche;

| 9. | Reiterates its call for the abolition of the death penalty and an immediate moratorium on capital punishment in China; |
| --- | --- |

9.

Reiterates its call for the abolition of the death penalty and an immediate moratorium on capital punishment in China;

| 10. | Urges the Government of the PRC to respond to international calls for improvements in the human rights situation in China and to guarantee freedom of religion, freedom of expression and political freedom, and, especially, to release all prisoners sentenced as a result of their religious activities; |
| --- | --- |

10.

Urges the Government of the PRC to respond to international calls for improvements in the human rights situation in China and to guarantee freedom of religion, freedom of expression and political freedom, and, especially, to release all prisoners sentenced as a result of their religious activities;

| 11. | Calls once more on the Government of the PRC to improve the conditions of imprisonment in its jails, to cease and abolish torture of detainees, to stop the continued violation of the human rights of the Tibetan people and other minorities and ensure that it respects international human-rights standards and principles of humanitarian law; |
| --- | --- |

11.

Calls once more on the Government of the PRC to improve the conditions of imprisonment in its jails, to cease and abolish torture of detainees, to stop the continued violation of the human rights of the Tibetan people and other minorities and ensure that it respects international human-rights standards and principles of humanitarian law;

| 12. | Calls on the Council and the Member States to maintain the EU embargo on trade in arms with the PRC and not to weaken the existing restrictions on such arms sales; |
| --- | --- |

12.

Calls on the Council and the Member States to maintain the EU embargo on trade in arms with the PRC and not to weaken the existing restrictions on such arms sales;

| 13. | Calls on the Government of the PRC to continue the dialogue with the representatives of His Holiness the Dalai Lama; |
| --- | --- |

13.

Calls on the Government of the PRC to continue the dialogue with the representatives of His Holiness the Dalai Lama;

| 14. | Urges the Conference of Presidents to invite His Holiness the Dalai Lama to address the European Parliament during 2006; |
| --- | --- |

14.

Urges the Conference of Presidents to invite His Holiness the Dalai Lama to address the European Parliament during 2006;

Hong Kong

| 15. | Recalls that the Hong Kong Basic Law provides for Hong Kong's Chief Executive ultimately to be elected by universal suffrage; |
| --- | --- |

15.

Recalls that the Hong Kong Basic Law provides for Hong Kong's Chief Executive ultimately to be elected by universal suffrage;

| 16. | Calls on the authorities of Hong Kong to:






  — | set a timetable for universal suffrage acceptable to all democratic parties and the public, |
| --- | --- | --- |

16.

Calls on the authorities of Hong Kong to:

—

set a timetable for universal suffrage acceptable to all democratic parties and the public,

| — | abolish the appointment system in the District Council, |
| --- | --- |

—

abolish the appointment system in the District Council,

| — | replace corporate voting by individual voting for functional constituencies of the Legislative Council, |
| --- | --- |

—

replace corporate voting by individual voting for functional constituencies of the Legislative Council,

| — | broaden the electorate of the Election Committee; |
| --- | --- |

—

broaden the electorate of the Election Committee;

| 17. | Looks forward to seeing the Chief Executive and all members of the Legislative Council elected by means of an electoral system based on the principles of multi-party democracy, accountability of the government to the legislature and genuinely effective governance, which will confer a clear benefit on all the people of Hong Kong; |
| --- | --- |

17.

Looks forward to seeing the Chief Executive and all members of the Legislative Council elected by means of an electoral system based on the principles of multi-party democracy, accountability of the government to the legislature and genuinely effective governance, which will confer a clear benefit on all the people of Hong Kong;

*

- *

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary General, the Government of the People's Republic of China, the National People's Congress Standing Committee, the Chief Executive and the Legislative Council of Hong Kong, the Governor of Sichuan Province and the Chief Prosecutor of the Sichuan Provincial People's Procuratorate. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary General, the Government of the People's Republic of China, the National People's Congress Standing Committee, the Chief Executive and the Legislative Council of Hong Kong, the Governor of Sichuan Province and the Chief Prosecutor of the Sichuan Provincial People's Procuratorate.

---

(1)  OJ C 201 E, 18.8.2005, p. 122.

(2)  OJ C 247 E, 6.10.2005, p. 158.

(3)  Texts Adopted, P6_TA(2005)0416.

(4)  OJ C 31 E, 5.2.2004, p. 261.

P6_TA(2005)0534

Human rights in Russia

European Parliament resolution on human rights in Russia and the new NGO legislation

The European Parliament,

| — | having regard to its previous resolutions on Russia, particularly that of 26 May 2005 on EU-Russia relations (1), |
| --- | --- |

—

having regard to its previous resolutions on Russia, particularly that of 26 May 2005 on EU-Russia relations (1),

| — | having regard to the objective of the EU and Russia to implement the four road maps for the creation of four Common Spaces adopted at the EU-Russia Summit in Moscow on 10 May 2005, |
| --- | --- |

—

having regard to the objective of the EU and Russia to implement the four road maps for the creation of four Common Spaces adopted at the EU-Russia Summit in Moscow on 10 May 2005,

| — | having regard to the outcome of the EU-Russia Summits, in particular the decision taken at the EURussia Summit in The Hague on 25 November 2004 to maintain a regular dialogue on human rights concerns, |
| --- | --- |

—

having regard to the outcome of the EU-Russia Summits, in particular the decision taken at the EURussia Summit in The Hague on 25 November 2004 to maintain a regular dialogue on human rights concerns,

| — | having regard to the objectives of consolidating political freedoms and democracy in the Russian Federation, as set out in the EU-Russia Partnership and Cooperation Agreement (2), which entered into force on 1 December 1997, |
| --- | --- |

—

having regard to the objectives of consolidating political freedoms and democracy in the Russian Federation, as set out in the EU-Russia Partnership and Cooperation Agreement (2), which entered into force on 1 December 1997,

| — | having regard to the European Convention on Human Rights and Fundamental Freedoms and its protocols, |
| --- | --- |

—

having regard to the European Convention on Human Rights and Fundamental Freedoms and its protocols,

| — | having regard to the Council of Europe's provisional opinion on amendments to federal laws of the Russian Federation regarding non-profit organisations and public associations, |
| --- | --- |

—

having regard to the Council of Europe's provisional opinion on amendments to federal laws of the Russian Federation regarding non-profit organisations and public associations,

| — | having regard to the comments and proposals made by the Russian President Vladimir Putin and sent to the Chairman of the State Duma, Boris Gryzlov, on 9 December 2005, |
| --- | --- |

—

having regard to the comments and proposals made by the Russian President Vladimir Putin and sent to the Chairman of the State Duma, Boris Gryzlov, on 9 December 2005,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas independent non-governmental organisations (NGOs) and non-profit organisations (NPOs) are the key to developing a strong and effectively functioning civil society, whereas non-governmental organisations are now present in very large numbers in Russia, ranging from children's charities to neighbourhood associations and from providers of shelters for the homeless to consumer groups, |
| --- | --- |

A.

whereas independent non-governmental organisations (NGOs) and non-profit organisations (NPOs) are the key to developing a strong and effectively functioning civil society, whereas non-governmental organisations are now present in very large numbers in Russia, ranging from children's charities to neighbourhood associations and from providers of shelters for the homeless to consumer groups,

| B. | whereas freedom of association is a fundamental human right and of great importance in a democratic society, |
| --- | --- |

B.

whereas freedom of association is a fundamental human right and of great importance in a democratic society,

| C. | whereas, on 23 November 2005, Russia's State Duma approved by an overwhelming majority at first reading a draft law entitled ‘On introducing Amendments to Certain Legislative Acts of the Russian Federation’, which amends the current legislation on the registration of NGOs and in particular the laws ‘On civil society organisations’, ‘On non-commercial organisations’ and ‘On closed administrativeterritorial formations’; whereas the second reading of this bill is due to take place on 16 December 2005, |
| --- | --- |

C.

whereas, on 23 November 2005, Russia's State Duma approved by an overwhelming majority at first reading a draft law entitled ‘On introducing Amendments to Certain Legislative Acts of the Russian Federation’, which amends the current legislation on the registration of NGOs and in particular the laws ‘On civil society organisations’, ‘On non-commercial organisations’ and ‘On closed administrativeterritorial formations’; whereas the second reading of this bill is due to take place on 16 December 2005,

| D. | whereas Russian human rights ombudsman Vladimir Lukin has said that this draft law violates the Russian Constitution and international law, while the Public Chamber of the Russian Federation, a newly formed authority entrusted with the coordination of interests between citizens, non-governmental organisations and public authorities, has asked the Duma to delay voting the bill until its consequences can be examined in more detail, |
| --- | --- |

D.

whereas Russian human rights ombudsman Vladimir Lukin has said that this draft law violates the Russian Constitution and international law, while the Public Chamber of the Russian Federation, a newly formed authority entrusted with the coordination of interests between citizens, non-governmental organisations and public authorities, has asked the Duma to delay voting the bill until its consequences can be examined in more detail,

| E. | whereas deep public concern has been expressed both in Russia and internationally over these amendments, which potentially restrict the freedom of association in the Russian Federation, |
| --- | --- |

E.

whereas deep public concern has been expressed both in Russia and internationally over these amendments, which potentially restrict the freedom of association in the Russian Federation,

| F. | whereas, at the request of the Russian Federation, the Council of Europe has prepared an opinion on the compatibility of the draft law with the European Convention on Human Rights, |
| --- | --- |

F.

whereas, at the request of the Russian Federation, the Council of Europe has prepared an opinion on the compatibility of the draft law with the European Convention on Human Rights,

| G. | whereas Terry Davis, Secretary General of the Council of Europe, said in a statement made on the occasion of the presentation of that opinion that ‘the proposed amendments to the Russian Federation laws regulating the freedom of assembly [pursued] legitimate objectives of combating terrorism and money laundering’ but that it looked to the Council of Europe ‘as if some aspects of these amendments, concerning administrative and fiscal requirements for the registration of non-governmental and nonprofit organisations, participation of foreign nationals and minors, and the authorities’ power of supervision over NGOs activities and over the grounds of their dissolution [were] too restrictive, |
| --- | --- |

G.

whereas Terry Davis, Secretary General of the Council of Europe, said in a statement made on the occasion of the presentation of that opinion that ‘the proposed amendments to the Russian Federation laws regulating the freedom of assembly [pursued] legitimate objectives of combating terrorism and money laundering’ but that it looked to the Council of Europe ‘as if some aspects of these amendments, concerning administrative and fiscal requirements for the registration of non-governmental and nonprofit organisations, participation of foreign nationals and minors, and the authorities’ power of supervision over NGOs activities and over the grounds of their dissolution [were] too restrictive,

| H. | having regard to the experience of the EU Member States, which allow informal groups to freely exist without demanding any notification or registration with the government, and which grant foreign citizens and persons without citizenship legally residing on their territory all substantive rights on an equal footing with their own citizens with regard to establishing and joining associations, and allow foreign organisations to open representative offices and branches in order to carry out their activities, |
| --- | --- |

H.

having regard to the experience of the EU Member States, which allow informal groups to freely exist without demanding any notification or registration with the government, and which grant foreign citizens and persons without citizenship legally residing on their territory all substantive rights on an equal footing with their own citizens with regard to establishing and joining associations, and allow foreign organisations to open representative offices and branches in order to carry out their activities,

| I. | whereas in recent years democracy has further deteriorated substantially in Russia, in particular on account of the bringing under government control of all major TV stations and most radio stations, the spread of self-censorship among the print media, the closure of independent media, restrictions on the right to organise public demonstrations, a worsening climate for NGOs, with cases of harassment of human rights activists, abolition of the direct election of regional governors and increased political control of the judiciary, as exemplified by the Yukos case and the trials of Mr Khodorkovsky and Mr Lebedev, |
| --- | --- |

I.

whereas in recent years democracy has further deteriorated substantially in Russia, in particular on account of the bringing under government control of all major TV stations and most radio stations, the spread of self-censorship among the print media, the closure of independent media, restrictions on the right to organise public demonstrations, a worsening climate for NGOs, with cases of harassment of human rights activists, abolition of the direct election of regional governors and increased political control of the judiciary, as exemplified by the Yukos case and the trials of Mr Khodorkovsky and Mr Lebedev,

| 1. | Underlines the importance of non-governmental organisations to a stable and democratic civil society built not only on principles such as the rule of law and freedom of speech but also on the ability of citizens to associate freely; |
| --- | --- |

1.

Underlines the importance of non-governmental organisations to a stable and democratic civil society built not only on principles such as the rule of law and freedom of speech but also on the ability of citizens to associate freely;

| 2. | Expresses therefore its great concern about the draft law on amendments to Russian federal legislation on non-profit organisations and public associations and calls for the new legislation to be made to comply with the norms and standards of the Council of Europe; |
| --- | --- |

2.

Expresses therefore its great concern about the draft law on amendments to Russian federal legislation on non-profit organisations and public associations and calls for the new legislation to be made to comply with the norms and standards of the Council of Europe;

| 3. | Welcomes the Russian Federation's request for the advice of the Council of Europe on the proposed amendments; fully endorses the recommendations made by the Council of Europe in its provisional opinion and calls on the Russian Federation to take those recommendations fully into account; |
| --- | --- |

3.

Welcomes the Russian Federation's request for the advice of the Council of Europe on the proposed amendments; fully endorses the recommendations made by the Council of Europe in its provisional opinion and calls on the Russian Federation to take those recommendations fully into account;

| 4. | Takes note of the latest proposals made by the Russian President Vladimir Putin, suggesting that the draft legislative amendments should be substantially rewritten; |
| --- | --- |

4.

Takes note of the latest proposals made by the Russian President Vladimir Putin, suggesting that the draft legislative amendments should be substantially rewritten;

| 5. | Hopes that the Russian legislature will






  (a) | provide a clear definition of unacceptable political activities which may not be financed from foreign sources, |
| --- | --- | --- |

5.

Hopes that the Russian legislature will

(a)

provide a clear definition of unacceptable political activities which may not be financed from foreign sources,

| (b) | establish that a decision of a judicial and not a supervisory authority is the only ground for dissolution of NGOs and NPOs, |
| --- | --- |

(b)

establish that a decision of a judicial and not a supervisory authority is the only ground for dissolution of NGOs and NPOs,

| (c) | choose not to introduce the requirement of permanent residence for non-nationals or the age requirement, |
| --- | --- |

(c)

choose not to introduce the requirement of permanent residence for non-nationals or the age requirement,

| (d) | ensure the right of non-nationals to establish NGOs in Russia and participate in their work, |
| --- | --- |

(d)

ensure the right of non-nationals to establish NGOs in Russia and participate in their work,

| (e) | ease the proposed powers of supervision exercised by the authorities over NGOs, particularly as regards the requirements of financial accountability for resources supplied by foreign sponsors; |
| --- | --- |

(e)

ease the proposed powers of supervision exercised by the authorities over NGOs, particularly as regards the requirements of financial accountability for resources supplied by foreign sponsors;

| 6. | Appeals to the Russian Duma to take the necessary time to review and improve the amendments in the light of the recommendations made in the Presidential review, the Council of Europe's provisional opinion and this Resolution; |
| --- | --- |

6.

Appeals to the Russian Duma to take the necessary time to review and improve the amendments in the light of the recommendations made in the Presidential review, the Council of Europe's provisional opinion and this Resolution;

| 7. | Calls on the State Duma to start a broad consultation process involving all the democratic elements of Russian civil society in order to find ways to genuinely encourage, support and consolidate the setting-up of NGOs; |
| --- | --- |

7.

Calls on the State Duma to start a broad consultation process involving all the democratic elements of Russian civil society in order to find ways to genuinely encourage, support and consolidate the setting-up of NGOs;

| 8. | Calls on the incoming Austrian and Finnish Presidencies to raise the issues of respect for democracy and human rights at the next EU-Russia summits, to give the EU-Russia human rights dialogue a more prominent role and to further involve the European Parliament in this process; |
| --- | --- |

8.

Calls on the incoming Austrian and Finnish Presidencies to raise the issues of respect for democracy and human rights at the next EU-Russia summits, to give the EU-Russia human rights dialogue a more prominent role and to further involve the European Parliament in this process;

| 9. | Takes the view, in this respect, that the road maps for the creation of the four Common Spaces should be linked to real progress in the field of democracy and human rights; |
| --- | --- |

9.

Takes the view, in this respect, that the road maps for the creation of the four Common Spaces should be linked to real progress in the field of democracy and human rights;

| 10. | Calls on the Russian authorities to cease politically motivated harassment of NGOs, especially those observing the situation in Chechnya, such as the Russian-Chechen Friendship Society; |
| --- | --- |

10.

Calls on the Russian authorities to cease politically motivated harassment of NGOs, especially those observing the situation in Chechnya, such as the Russian-Chechen Friendship Society;

| 11. | Urges the Russian Federation, as a member of the Council of Europe, to become party to the European Convention on the Recognition of the Legal Personality of International NGOs (ETS 124); |
| --- | --- |

11.

Urges the Russian Federation, as a member of the Council of Europe, to become party to the European Convention on the Recognition of the Legal Personality of International NGOs (ETS 124);

| 12. | Expresses its concern about the general detention conditions for prisoners and the difficulty of access to lawyers for some of them; points out that according to the Russian Criminal Code detainees should be imprisoned either close to their residence or close to the place where the trial has taken place; |
| --- | --- |

12.

Expresses its concern about the general detention conditions for prisoners and the difficulty of access to lawyers for some of them; points out that according to the Russian Criminal Code detainees should be imprisoned either close to their residence or close to the place where the trial has taken place;

| 13. | Calls on the Council and the Commission to enhance their support for civil society in Russia and to increase allocations for promoting human rights; |
| --- | --- |

13.

Calls on the Council and the Commission to enhance their support for civil society in Russia and to increase allocations for promoting human rights;

| 14. | Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States, the Secretary General of the Council of Europe, the OSCE Office for Democratic Institutions and Human Rights, the UN Secretary General, the Russian State Duma and the Government of the Russian Federation. |
| --- | --- |

14.

Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States, the Secretary General of the Council of Europe, the OSCE Office for Democratic Institutions and Human Rights, the UN Secretary General, the Russian State Duma and the Government of the Russian Federation.

---

(1)  Texts Adopted, P6_TA(2005)0207.

(2)  OJ L 327, 28.11.1997, p. 1.

P6_TA(2005)0535

Ethiopia

European Parliament resolution on the situation in Ethiopia and the new border conflict

The European Parliament,

| — | having regard to its resolutions of 7 July 2005 on the human rights situation in Ethiopia (1) and 13 October 2005 on the situation in Ethiopia (2), |
| --- | --- |

—

having regard to its resolutions of 7 July 2005 on the human rights situation in Ethiopia (1) and 13 October 2005 on the situation in Ethiopia (2),

| — | having regard to the preliminary report of the European Union Election Observation Mission of 25 August 2005, |
| --- | --- |

—

having regard to the preliminary report of the European Union Election Observation Mission of 25 August 2005,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | disturbed by recent news of large-scale human rights abuses following a massive and unprecedented crackdown, in which political leaders, human rights defenders, independent journalists, NGO workers and young people were arrested in Addis Ababa and in various other parts of the country, |
| --- | --- |

A.

disturbed by recent news of large-scale human rights abuses following a massive and unprecedented crackdown, in which political leaders, human rights defenders, independent journalists, NGO workers and young people were arrested in Addis Ababa and in various other parts of the country,

| B. | whereas the demonstrations called by the Coalition for Unity and Democracy to protest against electoral fraud were severely repressed, with the use of live ammunition and armoured vehicles amongst other things, |
| --- | --- |

B.

whereas the demonstrations called by the Coalition for Unity and Democracy to protest against electoral fraud were severely repressed, with the use of live ammunition and armoured vehicles amongst other things,

| C. | whereas the political detainees include Hailu Shawel, President of the Coalition for Unity and Democracy, Professor Mesfin Woldemariam, former Chair of the Ethiopian Human Rights Council, Dr Yacob Hailemariam, former UN Special Envoy and former Prosecutor of the International Criminal Tribunal for Rwanda, Ms Birtukan Mideksa, former judge, Dr Birhanu Nega, Mayor-elect of Addis Ababa, Netsanet Demissie, Director of the Organisation for Social Justice in Ethiopia, and Daniel Bekele, of Action Aid Ethiopia, |
| --- | --- |

C.

whereas the political detainees include Hailu Shawel, President of the Coalition for Unity and Democracy, Professor Mesfin Woldemariam, former Chair of the Ethiopian Human Rights Council, Dr Yacob Hailemariam, former UN Special Envoy and former Prosecutor of the International Criminal Tribunal for Rwanda, Ms Birtukan Mideksa, former judge, Dr Birhanu Nega, Mayor-elect of Addis Ababa, Netsanet Demissie, Director of the Organisation for Social Justice in Ethiopia, and Daniel Bekele, of Action Aid Ethiopia,

| D. | whereas many of the above-mentioned prisoners have been on hunger strike since 28 November 2005, |
| --- | --- |

D.

whereas many of the above-mentioned prisoners have been on hunger strike since 28 November 2005,

| E. | alarmed by the information that thousands of youths arrested in Addis Ababa were taken to the Dedessa River (south-west of Ethiopia) and are being held in inhumane conditions, |
| --- | --- |

E.

alarmed by the information that thousands of youths arrested in Addis Ababa were taken to the Dedessa River (south-west of Ethiopia) and are being held in inhumane conditions,

| F. | welcoming the release of about 8 000 people, but worried at the massive scale of detention which this figure itself shows and by the fact that the government has not so far disclosed the total number of people actually in detention and still less their whereabouts, |
| --- | --- |

F.

welcoming the release of about 8 000 people, but worried at the massive scale of detention which this figure itself shows and by the fact that the government has not so far disclosed the total number of people actually in detention and still less their whereabouts,

| G. | disturbed by unsubstantiated allegations of treason made against members of parliament, journalists, civil servants, lawyers, aid workers and members of NGOs, |
| --- | --- |

G.

disturbed by unsubstantiated allegations of treason made against members of parliament, journalists, civil servants, lawyers, aid workers and members of NGOs,

| H. | worried by the crackdown on the independent press, |
| --- | --- |

H.

worried by the crackdown on the independent press,

| I. | having regard to the joint statement of 6 November 2005 by the EU and US Ambassadors in Addis Ababa, calling on the government to release all political detainees, to immediately put a stop to the use of brute force and to reopen the political dialogue, and calling for an independent investigation into the events of June and November, |
| --- | --- |

I.

having regard to the joint statement of 6 November 2005 by the EU and US Ambassadors in Addis Ababa, calling on the government to release all political detainees, to immediately put a stop to the use of brute force and to reopen the political dialogue, and calling for an independent investigation into the events of June and November,

| J. | whereas the European Union Election Observation Mission commented that the picture was mixed, with some positive aspects up to 15 May 2005 and some negative aspects thereafter, |
| --- | --- |

J.

whereas the European Union Election Observation Mission commented that the picture was mixed, with some positive aspects up to 15 May 2005 and some negative aspects thereafter,

| K. | whereas Ethiopia receives the equivalent of USD 1 billion in international aid each year (including 490 million from the European Union), which represents one quarter of its GDP, |
| --- | --- |

K.

whereas Ethiopia receives the equivalent of USD 1 billion in international aid each year (including 490 million from the European Union), which represents one quarter of its GDP,

| L. | whereas Ethiopia is a signatory to the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one Part, and the European Community and its Member States, of the other Part (Cotonou Agreement), Article 96 of which stipulates that respect for human rights and fundamental freedoms is an essential element of ACP-EU cooperation, |
| --- | --- |

L.

whereas Ethiopia is a signatory to the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one Part, and the European Community and its Member States, of the other Part (Cotonou Agreement), Article 96 of which stipulates that respect for human rights and fundamental freedoms is an essential element of ACP-EU cooperation,

| M. | whereas troop movements have been observed on both the Ethiopian and Eritrean sides of the border and a ban has been imposed by the Eritrean Government on UN helicopters, |
| --- | --- |

M.

whereas troop movements have been observed on both the Ethiopian and Eritrean sides of the border and a ban has been imposed by the Eritrean Government on UN helicopters,

| N. | whereas relations between Ethiopia and Eritrea are poor amid fears of a new war and UN Secretary-General Kofi Annan has warned that the tense situation on the Eritrean-Ethiopian border could lead to another round of ‘devastating hostilities’, |
| --- | --- |

N.

whereas relations between Ethiopia and Eritrea are poor amid fears of a new war and UN Secretary-General Kofi Annan has warned that the tense situation on the Eritrean-Ethiopian border could lead to another round of ‘devastating hostilities’,

| 1. | Condemns the violence, the use of disproportionate means of repression by the armed forces and the mass arrests; |
| --- | --- |

1.

Condemns the violence, the use of disproportionate means of repression by the armed forces and the mass arrests;

| 2. | Calls on the Ethiopian Government to immediately and unconditionally release all political prisoners and journalists and fulfil its obligations with respect to human rights, democratic principles and the rule of law; |
| --- | --- |

2.

Calls on the Ethiopian Government to immediately and unconditionally release all political prisoners and journalists and fulfil its obligations with respect to human rights, democratic principles and the rule of law;

| 3. | Calls on the Ethiopian Government to disclose the total number of persons detained throughout the country, to allow visits by the International Committee of the Red Cross and to allow all detainees access to their families, legal counsel and any medical care that their health situation may require; |
| --- | --- |

3.

Calls on the Ethiopian Government to disclose the total number of persons detained throughout the country, to allow visits by the International Committee of the Red Cross and to allow all detainees access to their families, legal counsel and any medical care that their health situation may require;

| 4. | Calls on the Ethiopian Government to fully respect the fundamental principles of press freedom, put an end to the state media monopoly and allow the independent press to function by returning confiscated property; |
| --- | --- |

4.

Calls on the Ethiopian Government to fully respect the fundamental principles of press freedom, put an end to the state media monopoly and allow the independent press to function by returning confiscated property;

| 5. | Calls for the immediate establishment of an independent international commission of inquiry, ideally under UN responsibility, to investigate the human rights abuses and to identify and bring to justice those responsible; |
| --- | --- |

5.

Calls for the immediate establishment of an independent international commission of inquiry, ideally under UN responsibility, to investigate the human rights abuses and to identify and bring to justice those responsible;

| 6. | Considers that, despite the political dialogue between the EU and the Ethiopian Government under Article 8 of the Cotonou Agreement, the latter has failed to fulfil its obligations with respect to human rights, democratic principles and the rule of law; |
| --- | --- |

6.

Considers that, despite the political dialogue between the EU and the Ethiopian Government under Article 8 of the Cotonou Agreement, the latter has failed to fulfil its obligations with respect to human rights, democratic principles and the rule of law;

| 7. | Calls on the Commission and the Council to take a coordinated stance consistent with Article 96 of the Cotonou Agreement; |
| --- | --- |

7.

Calls on the Commission and the Council to take a coordinated stance consistent with Article 96 of the Cotonou Agreement;

| 8. | Calls on the Council and the Commission to consider targeted sanctions against members of the Ethiopian Government if the current human rights situation is not significantly improved; |
| --- | --- |

8.

Calls on the Council and the Commission to consider targeted sanctions against members of the Ethiopian Government if the current human rights situation is not significantly improved;

| 9. | Calls on the Council and the Commission to channel humanitarian aid for the population of Ethiopia primarily through NGOs and UN specialised agencies in order to provide direct assistance to the population; |
| --- | --- |

9.

Calls on the Council and the Commission to channel humanitarian aid for the population of Ethiopia primarily through NGOs and UN specialised agencies in order to provide direct assistance to the population;

| 10. | Calls for the resumption of the process of reform and improvement of democratic institutions, including a serious and international examination of the results of the parliamentary elections held in May 2005; |
| --- | --- |

10.

Calls for the resumption of the process of reform and improvement of democratic institutions, including a serious and international examination of the results of the parliamentary elections held in May 2005;

| 11. | Expresses its full support for UN Security Council Resolution 1640(2005), which calls on Eritrea to immediately reverse its decision to ban United Nations Mission in Ethiopia and Eritrea (UNMEE) helicopter flights and all other restrictions imposed on UNMEE, demands that both parties return to the 16 December 2004 levels of deployment of their troops, and calls on Ethiopia to fully accept the final and binding decision of the Eritrea-Ethiopia Boundary Commission; |
| --- | --- |

11.

Expresses its full support for UN Security Council Resolution 1640(2005), which calls on Eritrea to immediately reverse its decision to ban United Nations Mission in Ethiopia and Eritrea (UNMEE) helicopter flights and all other restrictions imposed on UNMEE, demands that both parties return to the 16 December 2004 levels of deployment of their troops, and calls on Ethiopia to fully accept the final and binding decision of the Eritrea-Ethiopia Boundary Commission;

| 12. | Welcomes the 7 December 2005 statement by the President of the UN Security Council condemning the decision of the Government of Eritrea to request some members of the UNMEE to leave the country within 10 days; |
| --- | --- |

12.

Welcomes the 7 December 2005 statement by the President of the UN Security Council condemning the decision of the Government of Eritrea to request some members of the UNMEE to leave the country within 10 days;

| 13. | Welcomes the decision of the Ethiopian Government to move its forces from its borders with Eritrea in compliance with a UN order aimed at averting fresh conflict; |
| --- | --- |

13.

Welcomes the decision of the Ethiopian Government to move its forces from its borders with Eritrea in compliance with a UN order aimed at averting fresh conflict;

| 14. | Calls on the African Union, whose head office is in Ethiopia, to take a clear stance, proving its determination to bring democracy forward in Africa, especially in Ethiopia; |
| --- | --- |

14.

Calls on the African Union, whose head office is in Ethiopia, to take a clear stance, proving its determination to bring democracy forward in Africa, especially in Ethiopia;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the Ethiopian Government, the Ethiopian Parliament, the Pan-African Parliament, the two main opposition parties, the Coalition for Unity and Democracy and the United Ethiopian Democratic Forces, and the African Union. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the Ethiopian Government, the Ethiopian Parliament, the Pan-African Parliament, the two main opposition parties, the Coalition for Unity and Democracy and the United Ethiopian Democratic Forces, and the African Union.

---

(1)  Texts Adopted, P6_TA(2005)0305.

(2)  Texts Adopted, P6_TA(2005)0383.

---