# CE2006317EN.01001901.xml

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/19 |
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23.12.2006

EN

Official Journal of the European Union

CE 317/19

---

MINUTES

(2006/C 317 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

1.   Opening of sitting

The sitting opened at 9.00.

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

(announcement of motions for resolutions tabled)

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

| I. | Fiji






  — | Pasqualina Napoletano and Miguel Angel Martínez Martínez, on behalf of the PSE Group, on the situation in Fiji (B6-0646/2006), |
| --- | --- | --- |

I.

Fiji

—

Pasqualina Napoletano and Miguel Angel Martínez Martínez, on behalf of the PSE Group, on the situation in Fiji (B6-0646/2006),

| — | Nirj Deva, Geoffrey Van Orden, Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on the coup in Fiji (B6-0649/2006), |
| --- | --- |

—

Nirj Deva, Geoffrey Van Orden, Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on the coup in Fiji (B6-0649/2006),

| — | Tobias Pflüger, on behalf of the GUE/NGL Group, on the situation in Fiji following the coup (B6-0652/2006), |
| --- | --- |

—

Tobias Pflüger, on behalf of the GUE/NGL Group, on the situation in Fiji following the coup (B6-0652/2006),

| — | Margrete Auken and Marie-Hélène Aubert, on behalf of the Verts/ALE Group, on Fiji (B6-0660/2006), |
| --- | --- |

—

Margrete Auken and Marie-Hélène Aubert, on behalf of the Verts/ALE Group, on Fiji (B6-0660/2006),

| — | Michał Tomasz Kamiński, Adam Bielan, Marcin Libicki, Ryszard Czarnecki and Roberts Zīle, on behalf of the UEN Group, on the coup in Fiji (B6-0662/2006), |
| --- | --- |

—

Michał Tomasz Kamiński, Adam Bielan, Marcin Libicki, Ryszard Czarnecki and Roberts Zīle, on behalf of the UEN Group, on the coup in Fiji (B6-0662/2006),

| — | István Szent-Iványi and Marios Matsakis, on behalf of the ALDE Group, on the situation in Fiji (B6-0663/2006). |
| --- | --- |

—

István Szent-Iványi and Marios Matsakis, on behalf of the ALDE Group, on the situation in Fiji (B6-0663/2006).

| II. | Involvement of UN forces in sexual abuses in Liberia and Haiti






  — | Michael Gahler, Maria Martens, José Javier Pomés Ruiz, Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0648/2006), |
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II.

Involvement of UN forces in sexual abuses in Liberia and Haiti

—

Michael Gahler, Maria Martens, José Javier Pomés Ruiz, Charles Tannock and Bernd Posselt, on behalf of the PPE-DE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0648/2006),

| — | Luisa Morgantini and Ilda Figueiredo, on behalf of the GUE/NGL Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0653/2006), |
| --- | --- |

—

Luisa Morgantini and Ilda Figueiredo, on behalf of the GUE/NGL Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0653/2006),

| — | Cristiana Muscardini, Roberta Angelilli, Marcin Libicki, Adam Bielan, Michał Tomasz Kamiński and Ryszard Czarnecki, on behalf of the UEN Group, son the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0654/2006), |
| --- | --- |

—

Cristiana Muscardini, Roberta Angelilli, Marcin Libicki, Adam Bielan, Michał Tomasz Kamiński and Ryszard Czarnecki, on behalf of the UEN Group, son the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0654/2006),

| — | Pasqualina Napoletano, Elena Valenciano Martínez-Orozco, Marie-Arlette Carlotti, Miguel Angel Martínez Martínez, María Sornosa Martínez and Pierre Schapira, on behalf of the PSE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0656/2006), |
| --- | --- |

—

Pasqualina Napoletano, Elena Valenciano Martínez-Orozco, Marie-Arlette Carlotti, Miguel Angel Martínez Martínez, María Sornosa Martínez and Pierre Schapira, on behalf of the PSE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0656/2006),

| — | Marie-Hélène Aubert, Margrete Auken, Hiltrud Breyer and Raül Romeva i Rueda, on behalf of the Verts/ALE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0659/2006). |
| --- | --- |

—

Marie-Hélène Aubert, Margrete Auken, Hiltrud Breyer and Raül Romeva i Rueda, on behalf of the Verts/ALE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0659/2006).

| III. | Burma






  — | Geoffrey Van Orden, Thomas Mann, Bernd Posselt, Simon Coveney and Charles Tannock, on behalf of the PPE-DE Group, on the situation in Burma (B6-0647/2006), |
| --- | --- | --- |

III.

Burma

—

Geoffrey Van Orden, Thomas Mann, Bernd Posselt, Simon Coveney and Charles Tannock, on behalf of the PPE-DE Group, on the situation in Burma (B6-0647/2006),

| — | Vittorio Agnoletto and Luisa Morgantini, on behalf of the GUE/NGL Group, on Burma (B6-0651/2006), |
| --- | --- |

—

Vittorio Agnoletto and Luisa Morgantini, on behalf of the GUE/NGL Group, on Burma (B6-0651/2006),

| — | Pasqualina Napoletano, Glenys Kinnock and Marc Tarabella, on behalf of the PSE Group, on the situation in Burma (B6-0655/2006), |
| --- | --- |

—

Pasqualina Napoletano, Glenys Kinnock and Marc Tarabella, on behalf of the PSE Group, on the situation in Burma (B6-0655/2006),

| — | Frédérique Ries and Marios Matsakis, on behalf of the ALDE Group, on the situation in Burma (B6-0657/2006), |
| --- | --- |

—

Frédérique Ries and Marios Matsakis, on behalf of the ALDE Group, on the situation in Burma (B6-0657/2006),

| — | Gintaras Didžiokas, on behalf of the UEN Group, On Burma/Myanmar (B6-0658/2006), |
| --- | --- |

—

Gintaras Didžiokas, on behalf of the UEN Group, On Burma/Myanmar (B6-0658/2006),

| — | Frithjof Schmidt, on behalf of the Verts/ALE Group, on the situation in Burma (Myanmar) (B6-0661/2006), |
| --- | --- |

—

Frithjof Schmidt, on behalf of the Verts/ALE Group, on the situation in Burma (Myanmar) (B6-0661/2006),

Speaking time would be allocated in accordance with Rule 142.

3.   Documents received

The following documents had been received:

| 1) | from the Council and Commission






  — | Proposal for a directive of the European Parliament and of the Council repealing Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches (COM(2006)0748 — C6-0440/2006 — 2006/0249(COD))






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

1)

from the Council and Commission

—

Proposal for a directive of the European Parliament and of the Council repealing Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches (COM(2006)0748 — C6-0440/2006 — 2006/0249(COD))

referred to

responsible

:

IMCO

opinion

:

JURY

| — | Proposal for a regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals (COM(2006)0745 — C6-0439/2006 — 2006/0246(COD))






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

—

Proposal for a regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals (COM(2006)0745 — C6-0439/2006 — 2006/0246(COD))

referred to

responsible

:

ENVI

opinion

:

EMPL, ITRE, INTA, IMCO

| — | Proposal for a Council decision on the conclusion of the Scientific and Technological Cooperation Agreement between the European Community and the Republic of Korea (COM(2006)0422 — C6-0438/2006 — 2006/0141(CNS))






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

—

Proposal for a Council decision on the conclusion of the Scientific and Technological Cooperation Agreement between the European Community and the Republic of Korea (COM(2006)0422 — C6-0438/2006 — 2006/0141(CNS))

referred to

responsible

:

ITRE

opinion

:

AFET, BUDG

| — | Proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS))






  referred to | responsible | : | ECON |
| --- | --- | --- | --- | --- |

—

Proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS))

referred to

responsible

:

ECON

| — | Proposal for a decision of the European Parliament and of the Council on the Community Statistical Programme 2008 to 2012 (COM(2006)0687 — C6-0427/2006 — 2006/0229(COD))






  referred to | responsible | : | ECON |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, CONT, LIBE, INTA, IMCO, TRAN, REGI |

—

Proposal for a decision of the European Parliament and of the Council on the Community Statistical Programme 2008 to 2012 (COM(2006)0687 — C6-0427/2006 — 2006/0229(COD))

referred to

responsible

:

ECON

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, CONT, LIBE, INTA, IMCO, TRAN, REGI

| — | The Council of the European Union: Revised letter of amendment No 2 to the draft general budget of the European Communities for the financial year 2007 (15783/2006 — C6-0444/2006 — 2006/2018(BUD))






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

—

The Council of the European Union: Revised letter of amendment No 2 to the draft general budget of the European Communities for the financial year 2007 (15783/2006 — C6-0444/2006 — 2006/2018(BUD))

referred to

responsible

:

BUDG

| — | The Council of the European Union: Letter of amendment No 3 to the draft general budget of the European Communities for the financial year 2007 (15636/2006 — C6-0443/2006 — 2006/2018(BUD))






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

—

The Council of the European Union: Letter of amendment No 3 to the draft general budget of the European Communities for the financial year 2007 (15636/2006 — C6-0443/2006 — 2006/2018(BUD))

referred to

responsible

:

BUDG

| — | Draft general budget of the European Communities for the financial year 2007, as amended and accompanied by proposals for modifications (15637/2006 — C6-0442/2006 — 2006/2018(BUD))






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

—

Draft general budget of the European Communities for the financial year 2007, as amended and accompanied by proposals for modifications (15637/2006 — C6-0442/2006 — 2006/2018(BUD))

referred to

responsible

:

BUDG

| — | Draft amending budget No 6 for the financial year 2006 — Section III — Commission (15635/2006 — C6-0441/2006 — 2006/2265(BUD))






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

—

Draft amending budget No 6 for the financial year 2006 — Section III — Commission (15635/2006 — C6-0441/2006 — 2006/2265(BUD))

referred to

responsible

:

BUDG

| 2) | from committees






  2.1) | reports






  — | Report on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG)) — AFCO Committee
  Rapporteur: Jo Leinen (A6-0464/2006). |
| --- | --- | --- | --- |

2)

from committees

2.1)

reports

—

Report on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG)) — AFCO Committee

Rapporteur: Jo Leinen (A6-0464/2006).

| — | * Report on the Draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15712/2006 — C6-0434/2006 — 2006/0813(CNS)) — JURI Committee
  Rapporteur: Giuseppe Gargani (A6-0463/2006). |
| --- | --- |

—

- Report on the Draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15712/2006 — C6-0434/2006 — 2006/0813(CNS)) — JURI Committee

Rapporteur: Giuseppe Gargani (A6-0463/2006).

| — | * Report on the Draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS)) — JURI Committee
  Rapporteur: Giuseppe Gargani (A6-0462/2006). |
| --- | --- |

—

- Report on the Draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS)) — JURI Committee

Rapporteur: Giuseppe Gargani (A6-0462/2006).

| — | * Report on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0461/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS)) — JURI Committee

Rapporteur: Diana Wallis (A6-0461/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (codified version) (COM(2006)0497 — C6-0301/2006 — 2006/0164(COD)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0460/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (codified version) (COM(2006)0497 — C6-0301/2006 — 2006/0164(COD)) — JURI Committee

Rapporteur: Diana Wallis (A6-0460/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) (COM(2006)0432 — C6-0261/2006 — 2006/0146(COD)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0459/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) (COM(2006)0432 — C6-0261/2006 — 2006/0146(COD)) — JURI Committee

Rapporteur: Diana Wallis (A6-0459/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (codified version) (COM(2006)0284 — C6-0185/2006 — 2006/0099(COD)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0458/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (codified version) (COM(2006)0284 — C6-0185/2006 — 2006/0099(COD)) — JURI Committee

Rapporteur: Diana Wallis (A6-0458/2006).

| — | ***I Report on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 — 2006/0159(COD)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0457/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 — 2006/0159(COD)) — JURI Committee

Rapporteur: Diana Wallis (A6-0457/2006).

| — | Report with a proposal for a European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2006/2286(INI)) — LIBE Committee
  Rapporteur: Martine Roure (A6-0456/2006). |
| --- | --- |

—

Report with a proposal for a European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2006/2286(INI)) — LIBE Committee

Rapporteur: Martine Roure (A6-0456/2006).

| — | ***I Report on the amended proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2006)0230 [[02]] — C6-0464/2006 — 2005/0037B(COD)) — LIBE Committee
  Rapporteur: Inger Segelström (A6-0454/2006). |
| --- | --- |

—

***I Report on the amended proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2006)0230 [[02]] — C6-0464/2006 — 2005/0037B(COD)) — LIBE Committee

Rapporteur: Inger Segelström (A6-0454/2006).

| — | * Report on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Criminal justice’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [[03]] — C6-0237/2005 — 2005/0039(CNS)) — LIBE Committee
  Rapporteur: Inger Segelström (A6-0453/2006). |
| --- | --- |

—

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

Rapporteur: Inger Segelström (A6-0453/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [[04]] — C6-0096/2005 — 2005/0040(COD)) — LIBE Committee
  Rapporteur: Inger Segelström (A6-0452/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [[04]] — C6-0096/2005 — 2005/0040(COD)) — LIBE Committee

Rapporteur: Inger Segelström (A6-0452/2006).

| — | Report on the draft general budget of the European Union for the financial year 2007 as modified by the Council and Letters of amendment Nos 1/2007, 2/2007, 3/2007 to the draft general budget of the European Union for the financial year 2007 — Section I — European Parliament, Section II — Council, Section III — Commission, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII (A) — European Ombudsman, Section VIII (B) — European Data Protection Supervisor (15637/2006 — C6-0442/2006 — 2006/2018(BUD)) — BUDG Committee
  Co-rapporteurs: James Elles et Louis Grech (A6-0451/2006). |
| --- | --- |

—

Report on the draft general budget of the European Union for the financial year 2007 as modified by the Council and Letters of amendment Nos 1/2007, 2/2007, 3/2007 to the draft general budget of the European Union for the financial year 2007 — Section I — European Parliament, Section II — Council, Section III — Commission, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII (A) — European Ombudsman, Section VIII (B) — European Data Protection Supervisor (15637/2006 — C6-0442/2006 — 2006/2018(BUD)) — BUDG Committee

Co-rapporteurs: James Elles et Louis Grech (A6-0451/2006).

| 2.2) | recommendations for second reading






  — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality (Text with EEA relevance) (10351/1/2006 — C6-0314/2006 — 2005/0017(COD)) — FEMM Committee
  Co-rapporteurs: Lissy Gröner et Amalia Sartori (A6-0455/2006). |
| --- | --- | --- |

2.2)

recommendations for second reading

—

***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality (Text with EEA relevance) (10351/1/2006 — C6-0314/2006 — 2005/0017(COD)) — FEMM Committee

Co-rapporteurs: Lissy Gröner et Amalia Sartori (A6-0455/2006).

| 3) | from the Conciliation Committee






  — | Joint text approved by the Conciliation Committee on the directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (03658/2006 — C6-0382/2006 — 2003/0210(COD)) |
| --- | --- | --- |

3)

from the Conciliation Committee

—

Joint text approved by the Conciliation Committee on the directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (03658/2006 — C6-0382/2006 — 2003/0210(COD))

4.   Transfers of appropriations

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 42/2006 (C6-0352/2006 — SEC(2006)1282).

Having noted the Council's opinion, it had authorised the transfer under Article 24(3) of the Financial Regulation of 25 June 2002, provided that no commitments were entered into before the final adoption of the requisite legal acts.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 47/2006 (C6-0353/2006 — SEC(2006)1288).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 48/2006 (C6-0368/2006 — SEC(2006)1349).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 50/2006 (C6-0369/2006 — SEC(2006)1351).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 51/2006 (C6-0405/2006 — SEC(2006)1352).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 54/2006 (C6-0406/2006 — SEC(2006)1355).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 55/2006 (C6-0416/2006 — SEC(2006)1399).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 56/2006 (C6-0407/2006 — SEC(2006)1400).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

*

- *

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 58/2006 (C6-0425/2006 — SEC(2006)1402).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial Regulation of 25 June 2002.

5.   Legislative and work programme of the Commission for 2007 (motions for resolutions tabled)

(motions for resolutions tabled)

Commission statement: Legislative and work programme of the Commission for 2007

The debate had been held on 14.11.2006(Minutes of 14.11.2006, Item 15).

(Minutes of 14.11.2006, Item 15)

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

| — | Pierre Jonckheer, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, on the Commission Legislative and Work Programme 2007 (B6-0630/2006), |
| --- | --- |

—

Pierre Jonckheer, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, on the Commission Legislative and Work Programme 2007 (B6-0630/2006),

| — | Silvana Koch-Mehrin, on behalf of the ALDE Group, on the Commission Legislative and Work Programme 2007 (B6-0634/2006), |
| --- | --- |

—

Silvana Koch-Mehrin, on behalf of the ALDE Group, on the Commission Legislative and Work Programme 2007 (B6-0634/2006),

| — | Brian Crowley, Roberta Angelilli, Guntars Krasts, Gintaras Didžiokas and Zdzisław Zbigniew Podkański, on behalf of the UEN Group, on the Legislative and Work Programme of the Commission for 2007 (B6-0635/2006), |
| --- | --- |

—

Brian Crowley, Roberta Angelilli, Guntars Krasts, Gintaras Didžiokas and Zdzisław Zbigniew Podkański, on behalf of the UEN Group, on the Legislative and Work Programme of the Commission for 2007 (B6-0635/2006),

| — | Francis Wurtz, on behalf of the GUE/NGL Group, on the Commission Legislative and Work Programme 2007 (B6-0637/2006/rev.), |
| --- | --- |

—

Francis Wurtz, on behalf of the GUE/NGL Group, on the Commission Legislative and Work Programme 2007 (B6-0637/2006/rev.),

| — | Françoise Grossetête and Hans-Gert Poettering, on behalf of the PPE-DE Group, on the Commission Legislative and Work Programme for 2007 (B6-0640/2006), |
| --- | --- |

—

Françoise Grossetête and Hans-Gert Poettering, on behalf of the PPE-DE Group, on the Commission Legislative and Work Programme for 2007 (B6-0640/2006),

| — | Martin Schulz and Hannes Swoboda, on behalf of the PSE Group, on the Commission's Legislative and Work Programme for 2007 (B6-0642/2006). |
| --- | --- |

—

Martin Schulz and Hannes Swoboda, on behalf of the PSE Group, on the Commission's Legislative and Work Programme for 2007 (B6-0642/2006).

Vote: Minutes of 13.12.2006, Item 8.14.

Minutes of 13.12.2006, Item 8.14

6.   Russia-EU Summit (motions for resolutions tabled)

(motions for resolutions tabled)

Council and Commission statements: Russia-EU Summit

The debate had been held on 29.11.2006 (Minutes of 29.11.2006, Item 13).

Minutes of 29.11.2006, Item 13

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

| — | Daniel Cohn-Bendit, Hélène Flautre, Milan Horáček, Bart Staes and Rebecca Harms, on behalf of the Verts/ALE Group, on the EU-Russia Summit (B6-0631/2006), |
| --- | --- |

—

Daniel Cohn-Bendit, Hélène Flautre, Milan Horáček, Bart Staes and Rebecca Harms, on behalf of the Verts/ALE Group, on the EU-Russia Summit (B6-0631/2006),

| — | Elmar Brok, José Ignacio Salafranca Sánchez-Neyra, Charles Tannock, Camiel Eurlings, Laima Liucija Andrikienė, Tunne Kelam, Vytautas Landsbergis and Jacek Saryusz-Wolski, on behalf of the PPE-DE Group, on the EU-Russia Summit (B6-0633/2006), |
| --- | --- |

—

Elmar Brok, José Ignacio Salafranca Sánchez-Neyra, Charles Tannock, Camiel Eurlings, Laima Liucija Andrikienė, Tunne Kelam, Vytautas Landsbergis and Jacek Saryusz-Wolski, on behalf of the PPE-DE Group, on the EU-Russia Summit (B6-0633/2006),

| — | Konrad Szymański, Michał Tomasz Kamiński, Adam Bielan, Inese Vaidere, Ģirts Valdis Kristovskis, Hanna Foltyn-Kubicka, Wojciech Roszkowski and Ryszard Czarnecki, on the EU-Russia Summit (B6-0636/2006), |
| --- | --- |

—

Konrad Szymański, Michał Tomasz Kamiński, Adam Bielan, Inese Vaidere, Ģirts Valdis Kristovskis, Hanna Foltyn-Kubicka, Wojciech Roszkowski and Ryszard Czarnecki, on the EU-Russia Summit (B6-0636/2006),

| — | Esko Seppänen and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the EU-Russia Summit (B6-0638/2006), |
| --- | --- |

—

Esko Seppänen and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the EU-Russia Summit (B6-0638/2006),

| — | Paavo Väyrynen and Margarita Starkevičiūtė, on behalf of the ALDE Group, on the EU-Russia Summit (B6-0639/2006), |
| --- | --- |

—

Paavo Väyrynen and Margarita Starkevičiūtė, on behalf of the ALDE Group, on the EU-Russia Summit (B6-0639/2006),

| — | Hannes Swoboda and Jan Marinus Wiersma, on behalf of the PSE Group, on the Russia-EU Summit (B6-0641/2006). |
| --- | --- |

—

Hannes Swoboda and Jan Marinus Wiersma, on behalf of the PSE Group, on the Russia-EU Summit (B6-0641/2006).

Vote: Minutes of 13.12.2006, Item 8.15.

Minutes of 13.12.2006, Item 8.15

7.   Vote on request for urgent procedure

Commission request for the application of urgent procedure (Rule 134) in respect of:

| — | ***I Amended proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD)] — LIBE Committee |
| --- | --- |

—

***I Amended proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD)] — LIBE Committee

| — | * Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS)]
  Rapporteur: Inger Segelström — LIBE Committee. |
| --- | --- |

—

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

Rapporteur: Inger Segelström — LIBE Committee.

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

—

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

| — | ***I Proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0096/2005 — 2005/0040(COD)] — LIBE Committee |
| --- | --- |

—

***I Proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0096/2005 — 2005/0040(COD)] — LIBE Committee

| — | *** I Proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0124/2005 — 2005/0046(COD)] — LIBE Committee |
| --- | --- |

—

*** I Proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0124/2005 — 2005/0046(COD)] — LIBE Committee

| — | ***I Proposal for a decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0125/2005 — 2005/0047(COD)] — LIBE Committee |
| --- | --- |

—

***I Proposal for a decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0125/2005 — 2005/0047(COD)] — LIBE Committee

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

—

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

| — | ***I Proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0126/2005 — 2005/0045(COD)] — LIBE Committee |
| --- | --- |

—

***I Proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0126/2005 — 2005/0045(COD)] — LIBE Committee

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

—

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

| — | * Proposal for a Council decision establishing the specific Programme ‘Prevention of and Fight against Crime’ for the Period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ [COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS)] — LIBE Committee |
| --- | --- |

—

- Proposal for a Council decision establishing the specific Programme ‘Prevention of and Fight against Crime’ for the Period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ [COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS)] — LIBE Committee

The following spoke: Jean-Marie Cavada (Chairman of the LIBE Committee) and Ewa Klamt, on behalf of the PPE-DE Group.

The request for urgent procedure was approved.

The items were placed on the agenda for voting time at noon on Thursday, 14.12.2006.

The deadline for tabling amendments for plenary would be Wednesday, 13.12.2006 at 10.00.

8.   Financing instrument for development cooperation ***II — A financing instrument for cooperation with industrialised and other high-income countries and territories * (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation [11944/2/2006 — C6-0357/2006 — 2004/0220(COD)] — Committee on Development

Rapporteur: Gay Mitchell (A6-0448/2006).

Report on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories [11877/2006 — C6-0265/2006 — 2006/0807(CNS)] — Committee on International Trade

Rapporteur: David Martin (A6-0430/2006).

Gay Mitchell introduced the recommendation for second reading.

David Martin introduced the report.

Benita Ferrero-Waldner (Member of the Commission) spoke.

The following spoke: Syed Kamall, on behalf of the PPE-DE Group, Margrietus van den Berg, on behalf of the PSE Group, Danutė Budreikaitė, on behalf of the ALDE Group, Gabriele Zimmer, on behalf of the GUE/NGL Group, Konrad Szymański, on behalf of the UEN Group, Hélène Goudin, on behalf of the IND/DEM Group, Irena Belohorská, Non-attached Member, Maria Martens, Miguel Angel Martínez Martínez, Thierry Cornillet, Witold Tomczak, Andreas Mölzer, Nirj Deva, Marie-Arlette Carlotti, Toomas Savi and Georgios Papastamkos.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following spoke: Erika Mann, Jana Hybášková, Proinsias De Rossa, Justas Vincas Paleckis, Eoin Ryan and Benita Ferrero-Waldner.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.14 and Minutes of 12.12.2006, Item 14.20.

Minutes of 12.12.2006, Item 14.14 and Minutes of 12.12.2006, Item 14.20

9.   Protection of groundwater against pollution and deterioration ***III (debate)

(debate)

Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 03658/2006 — C6-0382/2006 — 2003/0210(COD)) — Parliament's delegation to the Conciliation Committee

Rapporteur: Christa Klaß (A6-0446/2006).

Christa Klaß introduced the report.

Stavros Dimas (Member of the Commission) spoke.

The following spoke: Péter Olajos, on behalf of the PPE-DE Group, María Sornosa Martínez, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Hiltrud Breyer, on behalf of the Verts/ALE Group, Leopold Józef Rutowicz, on behalf of the UEN Group, Johannes Blokland, on behalf of the IND/DEM Group, Jim Allister, Non-attached Member, Richard Seeber, Karin Scheele, Anne Laperrouze, Carl Schlyter, Kathy Sinnott and Proinsias De Rossa.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.13.

Minutes of 12.12.2006, Item 14.13

(The sitting was suspended at 11.00 and resumed at 11.30.)

(The sitting was suspended at 11.00 and resumed at 11.30.)

IN THE CHAIR: Josep BORRELL FONTELLES

President

10.   Welcome

On behalf of Parliament, the President welcomed members of a delegation from the Afghan Parliament — led by His Excellency Muhammad Yunus Qanoni, Speaker of the National Assembly of Afghanistan — who had taken their seats in the distinguished visitors' gallery.

11.   Voting time

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

11.1.   Appointment of the Bulgarian Commissioner (vote)

(vote)

DRAFT DECISION B6-0644/2006

(Simple majority)

(Simple majority)

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

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

The following spoke on the appointment of the Bulgarian and Romanian Commissioners: José Manuel Barroso (President of the Commission), Hans-Gert Poettering, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, Graham Watson, on behalf of the ALDE Group, Monica Frassoni, on behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Brian Crowley, on behalf of the UEN Group, Jeffrey Titford, on behalf of the IND/DEM Group, and Bruno Gollnisch, Non-attached Member.

Adopted (P6_TA(2006)0529)

(P6_TA(2006)0529)

11.2.   Appointment of the Romanian Commissioner (vote)

(vote)

DRAFT DECISION B6-0645/2006

(Simple majority)

(Simple majority)

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

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

Adopted (P6_TA(2006)0530)

(P6_TA(2006)0530)

12.   Award of the Sakharov Prize (Formal sitting)

(Formal sitting)

From 12.00 to 12.30, a formal sitting of Parliament was held on the occasion of the award of the Sakharov Prize to Alexander Milinkevich, leader of the democratic opposition in Belarus.

IN THE CHAIR: Gérard ONESTA

Vice-President

13.   Agenda

The President proposed switching the first two items on the agenda for the afternoon of Wednesday, 13.12.2006, i.e. starting at 15.00 with Council and Commission statements on data protection and then moving on to the key debate on preparations for the European Council.

The House agreed to the proposal.

The President announced that the report by Jo Leinen entitled ‘Amendment of the Rules of Procedure (committees, Quaestors)’ (A6-0464/2006) had been adopted in committee on 11.12.2006.

He informed the House that the item would be taken at voting time on Thursday, 14.12.2006. The deadline for tabling amendments would be Wednesday, 13.12.2006, at 10.00.

*

- *

The following spoke: Hannes Swoboda and Richard Corbett on the organisation of business.

14.   Voting time (continuation)

(continuation)

14.1.   Nomination of the Bulgarian Member of the Court of Auditors (Rule 131) (vote)

(Rule 131) (vote)

Report on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors [C6-0411/2006 — 2006/0811(CNS)] — Committee on Budgetary Control

Rapporteur: José Javier Pomés Ruiz (A6-0442/2006).

(Simple majority)

(Simple majority)

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

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

(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 3)

(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 3)

PROPOSAL FOR A DECISION

Adopted by single vote (P6_TA(2006)0531)

(P6_TA(2006)0531)

The following spoke before the vote:

The following spoke before the vote:

Bruno Gollnisch, on the application of Rule 150(6) (the President replied that only items to be put to the vote had to be available in all languages).

14.2.   Nomination of the Romanian Member of the Court of Auditors (Rule 131) (vote)

(Rule 131) (vote)

Report on the nomination of Ovidiu Ispir as a Member of the Court of Auditors [C6-0410/2006 — 2006/0812(CNS)] — Committee on Budgetary Control

Rapporteur: Szabolcs Fazakas (A6-0443/2006).

(Simple majority)

(Simple majority)

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

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

(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 4)

(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 4)

PROPOSAL FOR A DECISION

Adopted by single vote (P6_TA(2006)0532)

(P6_TA(2006)0532)

14.3.   Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union [COM(2006)0178 — C6-0358/2006 — 2006/0063(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Jean-Marie Cavada (A6-0423/2006).

(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(2006)0533)

(P6_TA(2006)0533)

14.4.   Community action programme in the field of consumer policy (2007-2013) ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) [13241/1/2006 — C6-0420/2006 — 2005/0042(COD)] — Committee on the Internal Market and Consumer Protection

Rapporteur: Marianne Thyssen (A6-0408/2006).

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Marianne Thyssen (rapporteur) made a statement pursuant to Rule 131(4).

Declared approved (P6_TA(2006)0534)

(P6_TA(2006)0534)

14.5.   Prevention, control and eradication of certain transmissible spongiform encephalopathies ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 fixing the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies [14224/4/2006 — C6-0432/2006 — 2004/0270(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Dagmar Roth-Behrendt (A6-0445/2006).

(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 (P6_TA(2006)0535)

(P6_TA(2006)0535)

14.6.   Statistical data on landings of fishery products ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 [14283/1/2006 — C6-0421/2006 — 2005/0223(COD)] — Committee on Fisheries

Rapporteur: Philippe Morillon (A6-0400/2006).

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0536)

(P6_TA(2006)0536)

14.7.   Protection of minors and human dignity and the right of reply ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry [09577/1/2006 — C6-0313/2006 — 2004/0117(COD)] — Committee on Culture and Education

Rapporteur: Marielle De Sarnez (A6-0433/2006).

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0537)

(P6_TA(2006)0537)

14.8.   Customs 2013 programme ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) [COM(2006)0201 — C6-0158/2006 — 2006/0075(COD)] — Committee on the Internal Market and Consumer Protection

Rapporteur: Janelly Fourtou (A6-0428/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0538)

(P6_TA(2006)0538)

14.9.   A paperless environment for customs and trade ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade [COM(2005)0609 — C6-0420/2005 — 2005/0247(COD)] — Committee on the Internal Market and Consumer Protection

Rapporteur: Christopher Heaton-Harris (A6-0407/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0539)

(P6_TA(2006)0539)

14.10.   Community surveys on the structure of agricultural holdings ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania [COM(2006)0344 — C6-0217/2006 — 2006/0112(COD)] — Committee on Budgets

Rapporteur: Janusz Lewandowski (A6-0424/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0540)

(P6_TA(2006)0540)

14.11.   Cooperation between Asset Recovery Offices * (Rule 131) (vote)

(Rule 131) (vote)

Report on the initiative of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification proceeds from, or other property related to, crime [07259/2006 — C6-0122/2006 — 2006/0805(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Mihael Brejc (A6-0388/2006).

(Simple majority)

(Simple majority)

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

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

INITIATIVE, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0541)

(P6_TA(2006)0541)

14.12.   Expenditure in the veterinary field * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field [COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS)] — Committee on Agriculture and Rural Development

Rapporteur: Ilda Figueiredo (A6-0409/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0542)

(P6_TA(2006)0542)

14.13.   Protection of groundwater against pollution and deterioration ***III (vote)

(vote)

Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 03658/2006 — C6-0382/2006 — 2003/0210(COD)) — Parliament's delegation to the Conciliation Committee

Rapporteur: Christa Klaß (A6-0446/2006).

(Simple majority for approval)

(Simple majority for approval)

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

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

JOINT TEXT

Adopted (P6_TA(2006)0543)

(P6_TA(2006)0543)

14.14.   Financing instrument for development cooperation ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation [11944/2/2006 — C6-0357/2006 — 2004/0220(COD)] — Committee on Development

Rapporteur: Gay Mitchell (A6-0448/2006).

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0544)

(P6_TA(2006)0544)

14.15.   Community Customs Code ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code) [COM(2005)0608 — C6-0419/2005 — 2005/0246(COD)] — Committee on the Internal Market and Consumer Protection

Rapporteur: Janelly Fourtou (A6-0429/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0545)

(P6_TA(2006)0545)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0545)

(P6_TA(2006)0545)

14.16.   Circulation of compound feedingstuffs ***I (vote)

(vote)

Report on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs [COM(2006)0340 — C6-0209/2006 — 2006/0117(COD)] — Committee on Agriculture and Rural Development

Rapporteur: Friedrich-Wilhelm Graefe zu Baringdorf (A6-0411/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0546)

(P6_TA(2006)0546)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0546)

(P6_TA(2006)0546)

14.17.   Statistics on foreign affiliates ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates [COM(2005)0088 — C6-0084/2005 — 2005/0016(COD)] — Committee on Economic and Monetary Affairs

Rapporteur: Wolf Klinz (A6-0332/2005).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0547)

(P6_TA(2006)0547)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0547)

(P6_TA(2006)0547)

14.18.   Financing instrument for the promotion of democracy and human rights worldwide ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) [COM(2006)0354 — C6-0206/2006 — 2006/0116(COD)] — Committee on Foreign Affairs

Co-rapporteurs: Hélène Flautre and Edward McMillan-Scott (A6-0376/2006).

The debate had been held on 29.11.2006(Minutes of 29.11.2006, Item 16).

(Minutes of 29.11.2006, Item 16)

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0548)

(P6_TA(2006)0548)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0548)

(P6_TA(2006)0548)

The following spoke on the vote:

The following spoke on the vote:

Hélène Flautre (rapporteur) and Edward McMillan-Scott (rapporteur);

Hélène Flautre once more, to move an oral amendment to amendment 147, which was incorporated.

14.19.   Prevention of injury and promotion of safety * (vote)

(vote)

Report on the proposal for a Council recommendation on the prevention of injury and the promotion of safety [COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Kathy Sinnott (A6-0398/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0549)

(P6_TA(2006)0549)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0549)

(P6_TA(2006)0549)

The following spoke on the vote:

The following spoke on the vote:

Kathy Sinnott (rapporteur).

14.20.   A financing instrument for cooperation with industrialised and other high-income countries and territories * (vote)

(vote)

Report on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories [11877/2006 — C6-0265/2006 — 2006/0807(CNS)] — Committee on International Trade

Rapporteur: David Martin (A6-0430/2006).

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0550)

(P6_TA(2006)0550)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0550)

(P6_TA(2006)0550)

15.   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.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Report: Marianne Thyssen — A6-0408/2006:

| — | Andreas Mölzer |
| --- | --- |

—

Andreas Mölzer

Report: Christa Klaß — A6-0446/2006:

| — | Andreas Mölzer and Richard Seeber |
| --- | --- |

—

Andreas Mölzer and Richard Seeber

Report: Gay Mitchell — A6-0448/2006:

| — | Vytautas Landsbergis |
| --- | --- |

—

Vytautas Landsbergis

16.   Corrections to votes and voting intentions

Corrections to votes and voting intentions 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.

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 and voting intentions will be finalised so that it can be translated and published in the Official Journal.

Astrid Lulling had informed the Chair that her voting machine had not worked during the vote on the report by Szabolcs Fazakas — A6-0443/2006.

Panagiotis Beglitis and Aloyzas Sakalas had informed the Chair that their voting machines had not worked during the votes on the appointments of the two new Commissioners.

(The sitting was suspended at 13.05 and resumed at 15.00.)

(The sitting was suspended at 13.05 and resumed at 15.00.)

IN THE CHAIR: Dagmar ROTH-BEHRENDT

Vice-President

17.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

18.   Coordination of some of the Member States' provisions on television broadcasting ***I (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities [COM(2005)0646 — C6-0443/2005 — 2005/0260(COD)] — Committee on Culture and Education

Rapporteur: Ruth Hieronymi (A6-0399/2006).

Viviane Reding (Member of the Commission) spoke.

Ruth Hieronymi introduced the report.

The following spoke: Karsten Friedrich Hoppenstedt (draftsman of the opinion of the ECON Committee), Heide Rühle (draftsman of the opinion of the IMCO Committee), Jean-Marie Cavada (draftsman of the opinion of the LIBE Committee), Lissy Gröner (draftsman of the opinion of the FEMM Committee), Erna Hennicot-Schoepges, on behalf of the PPE-DE Group, Henri Weber, on behalf of the PSE Group, Ignasi Guardans Cambó, on behalf of the ALDE Group, Helga Trüpel, on behalf of the Verts/ALE Group, Umberto Guidoni, on behalf of the GUE/NGL Group, Zdzisław Zbigniew Podkański, on behalf of the UEN Group, Thomas Wise, on behalf of the IND/DEM Group, Roger Helmer, Non-attached Member, József Szájer, Catherine Trautmann, Karin Resetarits, Miguel Portas, Johannes Blokland, Syed Kamall, Christa Prets, Sharon Bowles, Giusto Catania, Manolis Mavrommatis, Åsa Westlund, Patrizia Toia and Marie-Hélène Descamps.

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

The following spoke: Anna Hedh, Ivo Belet, Giovanni Berlinguer, Luis Herrero-Tejedor and Viviane Reding.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.8.

Minutes of 13.12.2006, Item 8.8

19.   European Union annual report on human rights (debate)

(debate)

Council and Commission statements: European Union annual report on human rights

Paula Lehtomäki (President-in-Office of the Council) and Benita Ferrero-Waldner (Member of the Commission) made the statements.

The following spoke: Gerardo Galeote, on behalf of the PPE-DE Group, Elena Valenciano Martínez-Orozco, on behalf of the PSE Group, Elizabeth Lynne, on behalf of the ALDE Group, Raül Romeva i Rueda, on behalf of the Verts/ALE Group, Hanna Foltyn-Kubicka, on behalf of the UEN Group, Kathy Sinnott, on behalf of the IND/DEM Group, Simon Coveney, Józef Pinior, Marios Matsakis, Eoin Ryan, Richard Howitt, Jan Tadeusz Masiel, Paula Lehtomäki and Benita Ferrero-Waldner.

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

Marios Matsakis spoke.

Motion for a resolution tabled to wind up the debate pursuant to Rule 103(2):

| — | Edward McMillan-Scott, José Ignacio Salafranca Sánchez-Neyra and Gerardo Galeote, on behalf of the PPE-DE Group, Pasqualina Napoletano and Véronique De Keyser, on behalf of the PSE Group, Annemie Neyts-Uyttebroeck, Marco Cappato and Marco Pannella, on behalf of the ALDE Group, Hélène Flautre, Raül Romeva i Rueda, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, Vittorio Agnoletto, Gabriele Zimmer, Jens Holm, Erik Meijer, Luisa Morgantini and Esko Seppänen, on behalf of the GUE/NGL Group, Inese Vaidere, Michał Tomasz Kamiński, Adam Bielan and Ryszard Czarnecki, on behalf of the UEN Group, on the follow-up to the Sakharov Prize (B6-0650/2006). |
| --- | --- |

—

Edward McMillan-Scott, José Ignacio Salafranca Sánchez-Neyra and Gerardo Galeote, on behalf of the PPE-DE Group, Pasqualina Napoletano and Véronique De Keyser, on behalf of the PSE Group, Annemie Neyts-Uyttebroeck, Marco Cappato and Marco Pannella, on behalf of the ALDE Group, Hélène Flautre, Raül Romeva i Rueda, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, Vittorio Agnoletto, Gabriele Zimmer, Jens Holm, Erik Meijer, Luisa Morgantini and Esko Seppänen, on behalf of the GUE/NGL Group, Inese Vaidere, Michał Tomasz Kamiński, Adam Bielan and Ryszard Czarnecki, on behalf of the UEN Group, on the follow-up to the Sakharov Prize (B6-0650/2006).

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.33.

Minutes of 14.12.2006, Item 6.33

20.   Draft general budget for 2007, amended by the Council (all sections) — Financial Regulation applicable to the general budget of the European Communities * — Draft amending budget No 6/2006 (debate)

(debate)

Report on the draft general budget of the European Union for the financial year 2007 as modified by the Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and Letters of amendment Nos: 1/2007 (SEC (2006)0762) — 2/2007 (13886/2006 — C6-0341/2006) — 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007

| | 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
  Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006). |
| --- | --- |

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

Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006).

Report on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS)] — Committee on Budgets

Rapporteur: Ingeborg Gräßle (A6-0447/2006).

Report on Draft amending budget No 6/2006 of the European Union for the financial year 2006 Section III — Commission [15635/2006 — C6-0441/2006 — 2006/2265(BUD)] — Committee on Budgets

Rapporteur: Gianni Pittella (A6-0444/2006).

James Elles and Louis Grech introduced the report (A6-0451/2006).

Ingeborg Gräßle introduced the report (A6-0447/2006).

The following spoke: Ulla-Maj Wideroos (President-in-Office of the Council) and Dalia Grybauskaitė (Member of the Commission).

The following spoke: Borut Pahor (draftsman of the opinion of the CONT Committee), Ville Itälä, on behalf of the PPE-DE Group, Catherine Guy-Quint, on behalf of the PSE Group, Anne E. Jensen, on behalf of the ALDE Group, Gérard Onesta, on behalf of the Verts/ALE Group, Esko Seppänen, on behalf of the GUE/NGL Group, Zbigniew Krzysztof Kuźmiuk, on behalf of the UEN Group, Nils Lundgren, on behalf of the IND/DEM Group, and Sergej Kozlík, Non-attached Member.

Gianni Pittella introduced the report (A6-0444/2006).

The following spoke: Salvador Garriga Polledo, Jutta Haug, Kyösti Virrankoski, Hans-Peter Martin, Janusz Lewandowski, Neena Gill, Markus Ferber, Paulo Casaca and Antonis Samaras.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following spoke: Vladimír Maňka, Jean-Claude Martinez, Ingeborg Gräßle, Catherine Guy-Quint, Paul Rübig, Richard Corbett, who congratulated the President on the way in which she had chaired the debate, and Dalia Grybauskaitė.

The debate closed.

Vote: 14.12.2006 and 13.12.2006.

14.12.2006 and 13.12.2006

21.   Agenda

The Conference of Presidents had submitted a proposal for a decision on the numerical strength of Parliament's committees (B6-0664/2006).

The item would be included on the agenda at voting time on Thursday, 14.12.2006. The deadline for tabling amendments would be Wednesday, 13.12.2006 at noon.

(The sitting was suspended at 18.25 pending Question Time and resumed at 18.30.)

(The sitting was suspended at 18.25 pending Question Time and resumed at 18.30.)

22.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B6-0448/2006).

Part one

Part one

Question 37 (Sharon Bowles): Workers from Romania and Bulgaria.

Olli Rehn (Member of the Commission) answered the question and supplementaries by Sharon Bowles, Richard Corbett and Alexander Stubb.

Question 38 (David Martin): Duty-free sales within the new aviation security regulations.

Joe Borg (Member of the Commission) answered the question and supplementaries by David Martin, Reinhard Rack and Jörg Leichtfried.

Question 39 (Reinhard Rack): Compensation for flight delays.

Joe Borg answered the question and supplementaries by Reinhard Rack, Robert Evans and Richard Seeber.

Part two

Part two

Question 40 (Chris Davies): EU measures to end the discard of by-catch.

Joe Borg answered the question and supplementaries by Chris Davies and Jim Allister.

Question 41 had been withdrawn.

Question 42 (Teresa Riera Madurell): Action taken by the Commission on the recommendations set out in the report on women and fishing.

Joe Borg answered the question and a supplementary by Teresa Riera Madurell.

Questions 43 to 45 would receive written answers.

Question 46 (Lambert van Nistelrooij): Economic and innovative changes of demographic change.

Vladimír Špidla (Member of the Commission) answered the question and supplementaries by Lambert van Nistelrooij, Danutė Budreikaitė and Andreas Mölzer.

Question 47 (Bernd Posselt): Demography and child-raising salary.

Vladimír Špidla answered the question and a supplementary by Bernd Posselt.

Questions 48 to 53 would receive written answers.

Question 54 (Marc Tarabella): Failure of consumer policy in the internal market.

Markos Kyprianou (Member of the Commission) answered the question and a supplementary by Marc Tarabella.

Question 55 (Sarah Ludford): GM rice.

Markos Kyprianou answered the question and a supplementary by Sarah Ludford.

Questions which had not been answered for lack of time would receive written answers (see annex to the Verbatim Report of Proceedings).

(see annex to the Verbatim Report of Proceedings)

Commission Question Time closed.

(The sitting was suspended at 19.50 and resumed at 21.00.)

(The sitting was suspended at 19.50 and resumed at 21.00.)

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

23.   Establishing the European Globalisation adjustment Fund ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund [COM(2006)0091 — C6-0082/2006 — 2006/0033(COD)] — Committee on Employment and Social Affairs

Rapporteur: Roselyne Bachelot-Narquin (A6-0385/2006).

Vladimír Špidla (Member of the Commission) spoke.

Roselyne Bachelot-Narquin introduced the report.

The following spoke: Giulietto Chiesa (draftsman of the opinion of the INTA Committee), Esko Seppänen (draftsman of the opinion of the BUDG Committee), Vladimír Remek (draftsman of the opinion of the ITRE Committee), Jamila Madeira (draftsman of the opinion of the REGI Committee), Ria Oomen-Ruijten, on behalf of the PPE-DE Group, Jean Louis Cottigny, on behalf of the PSE Group, Jean Marie Beaupuy, on behalf of the ALDE Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, José Albino Silva Peneda, Jan Andersson, Ona Juknevičienė, Pierre Jonckheer, Csaba Őry, Alejandro Cercas, Danutė Budreikaitė, Thomas Mann, Donata Gottardi, Philip Bushill-Matthews, Brigitte Douay, Iles Braghetto, Gábor Harangozó, Konstantinos Hatzidakis, Nikolaos Vakalis, Ivo Belet and Vladimír Špidla.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.9.

Minutes of 13.12.2006, Item 8.9

24.   European Institute for Gender Equality ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality [10351/1/2006 — C6-0314/2006 — 2005/0017(COD)] — Committee on Women's Rights and Gender Equality

Co-rapporteurs: Lissy Gröner and Amalia Sartori (A6-0455/2006).

Lissy Gröner and Amalia Sartori introduced the recommendation for second reading.

Vladimír Špidla (Member of the Commission) spoke.

The following spoke: Anna Záborská, on behalf of the PPE-DE Group, Zita Gurmai, on behalf of the PSE Group, Danutė Budreikaitė, on behalf of the ALDE Group, Hiltrud Breyer, on behalf of the Verts/ALE Group, Eva-Britt Svensson, on behalf of the GUE/NGL Group, Urszula Krupa, on behalf of the IND/DEM Group, Marie Panayotopoulos-Cassiotou, Britta Thomsen, Bairbre de Brún, Johannes Blokland, Teresa Riera Madurell, Pia Elda Locatelli, Lidia Joanna Geringer de Oedenberg, Anna Hedh and Vladimír Špidla.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.18.

Minutes of 14.12.2006, Item 6.18

25.   Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive .../.../EC [COM(2005)0683 — C6-0007/2006 — 2005/0282(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Matthias Groote (A6-0301/2006).

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

Matthias Groote introduced the report.

The following spoke: Ivo Belet (draftsman of the opinion of the ITRE Committee), Anja Weisgerber (draftsman of the opinion of the IMCO Committee), Bogusław Liberadzki (draftsman of the opinion of the TRAN Committee), Martin Callanan, on behalf of the PPE-DE Group, Dorette Corbey, on behalf of the PSE Group, Holger Krahmer, on behalf of the ALDE Group, Rebecca Harms, on behalf of the Verts/ALE Group, Jens Holm, on behalf of the GUE/NGL Group, Johannes Blokland, on behalf of the IND/DEM Group, Jacques Toubon, Péter Olajos, Zita Pleštinská, Richard Seeber, Karsten Friedrich Hoppenstedt and Günter Verheugen.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.10.

Minutes of 13.12.2006, Item 8.10

26.   Membership of Parliament

Ole Krarup had given notice in writing of his resignation as Member of Parliament, with effect from 01.01.2007.

Pursuant to Rule 4(1), Parliament established the vacancy as of that date and informed the relevant national authorities.

27.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 381.846/OJME).

28.   Closure of sitting

The sitting closed at 23.35.

Julian Priestley

Secretary-General

Antonios Trakatellis

Vice-President

---

ATTENDANCE REGISTER

The following signed:

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

Observers:

Athanasiu, Bărbuleţiu, Becşenescu, Bliznashki, Buruiană-Aprodu, Ciornei, Cioroianu, Coşea, Corina Creţu, Gabriela Creţu, Martin Dimitrov, Duca, Dumitrescu, Ganţ, Hogea, Ivanova, Kirilov, Kónya-Hamar, Marinescu, Mihăescu, Mihalache, Morţun, Paparizov, Parvanova, Paşcu, Podgorean, Popeangă, Sârbu, Severin, Silaghi, Sofianski, Stoyanov, Szabó, Ţicău, Ţîrle, Vigenin

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

| + | adopted |
| --- | --- |
| - | rejected |
| ↓ | lapsed |
| W | withdrawn |
| RCV (..., ..., ...) | roll-call vote (in favour, against, abstentions) |
| EV (..., ..., ...) | electronic vote (in favour, 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 (in favour, against, abstentions)

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

electronic vote (in favour, 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.   Appointment of the Bulgarian Commissioner

Draft decision: B6-0644/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: draft decision | RCV | + | 583, 21, 28 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: draft decision

RCV

+

583, 21, 28

Roll-call vote: Rule 99(4)

2.   Appointment of the Romanian Commissioner

Draft decision: B6-0645/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: draft decision | RCV | + | 595, 16, 29 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: draft decision

RCV

+

595, 16, 29

Roll-call vote: Rule 99(4)

3.   Appointment of the Bulgarian member of the Court of Auditors

Report: José Javier POMÉS RUÍZ (A6-0442/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: proposal for a decision | | + | Secret ballot (Rule 162(1))
  561, 32, 38 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: proposal for a decision

+

Secret ballot (Rule 162(1))

561, 32, 38

4.   Appointment of the Romanian member of the Court of Auditors

Report: Szabolcs FAZAKAS (A6-0443/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: proposal for a decision | | + | Secret ballot (Rule 162(1))
  356, 229, 51 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: proposal for a decision

+

Secret ballot (Rule 162(1))

356, 229, 51

5.   Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union *

Report: Jean-Marie CAVADA (A6-0423/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Community action programme in the field of consumer policy (2007-2013) ***II

Recommendation for second reading: Marianne THYSSEN (A6-0408/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Common position | Declared approved |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

7.   Prevention, control and eradication of certain transmissible spongiform encephalopathies ***II

Recommendation for second reading: Dagmar ROTH-BEHRENDT (A6-0445/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Common position | Declared approved |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

8.   Statistical data on landings of fishery products ***II

Report: Philippe MORILLON (A6-0400/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Common position | Declared approved |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

9.   Protection of minors and human dignity and the right of reply ***II

Recommendation for second reading: Marielle DE SARNEZ (A6-0433/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Common position | Declared approved |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

10.   Customs 2013 programme ***I

Report: Janelly FOURTOU (A6-0428/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

11.   A paperless environment for customs and trade ***I

Report: Christopher HEATON-HARRIS (A6-0407/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   Community surveys on the structure of agricultural holdings ***I

Report: Janusz LEWANDOWSKI (A6-0424/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Cooperation between Asset Recovery Offices *

Report: Mihael BREJC (A6-0388/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Expenditure in the veterinary field *

Report: Ilda FIGUEIREDO (A6-0409/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

15.   Protection of groundwater against pollution and deterioration ***III

Report: Christa KLAß (A6-0446/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: joint text | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: joint text

+

16.   Financing instrument for development cooperation ***II

Recommendation for second reading:
  (qualified majority)

Gay MITCHELL (A6-0448/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | 2, 3, 1 | MITCHELL and others | | - | |
| Common position | | Declared approved |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

2, 3, 1

MITCHELL and others

-

Common position

Declared approved

17.   Community Customs Code ***I

Report: Janelly FOURTOU (A6-0429/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-13
  15-17
  20-23
  25-26
  28-33
  36-56 | Committee | | + | |
| Article 11, after § 2 | 14 | Committee | | + | |
| 57 | PPE-DE | | W | |
| Article 15 | 18 | Committee | | + | |
| 19 | Committee | | ↓ | |
| After Article 125 | 58 | PPE-DE | EV | - | 281, 337, 16 |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1-13

15-17

20-23

25-26

28-33

36-56

Committee

+

Article 11, after § 2

14

Committee

+

57

PPE-DE

W

Article 15

18

Committee

+

19

Committee

↓

After Article 125

58

PPE-DE

EV

-

281, 337, 16

vote: amended proposal

+

vote: legislative resolution

+

Amendments 24, 27, 34 and 35 did not concern all language versions and were therefore not put to the vote (Rule 151(1)(d)).

18.   Circulation of compound feedingstuffs ***I

Report: Friedrich-Wilhelm GRAEFE ZU BARINGDORF (A6-0411/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — separate vote | 2 | Committee | sep | + | |
| 4 | Committee | sep | - | |
| After recital 1 | 5=
  11=
  14= | ALDE
  PPE-DE
  Verts/ALE | | + | |
| 1 | Committee | | ↓ | |
| 16 | Verts/ALE | | - | |
| 7=
  13= | ALDE
  PPE-DE | | + | |
| After recital 2 | 8 | ALDE | | - | |
| After recital 3 | 3 | Committee | | - | |
| 9=
  12=
  15= | ALDE
  PPE-DE
  Verts/ALE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — separate vote

2

Committee

sep

+

4

Committee

sep

-

After recital 1

5=

11=

14=

ALDE

PPE-DE

Verts/ALE

+

1

Committee

↓

16

Verts/ALE

-

7=

13=

ALDE

PPE-DE

+

After recital 2

8

ALDE

-

After recital 3

3

Committee

-

9=

12=

15=

ALDE

PPE-DE

Verts/ALE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 6 and 10 were inadmissible.

Requests for separate votes

Verts/ALE: ams 2 and 4

PPE-DE: am 4

ALDE: am 4

19.   Statistics on foreign affiliates ***I

Report: Wolf KLINZ (ex-Letta) (A6-0332/2005)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 —




  compromise | 16-49 | ALDE | | + | |
| Block 2 —




  amendments by the committee responsible | 1-2
  4-15 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 615, 13, 20 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise

16-49

ALDE

+

Block 2 —

amendments by the committee responsible

1-2

4-15

Committee

↓

vote: amended proposal

+

vote: legislative resolution

RCV

+

615, 13, 20

Amendment 3 did not concern all language versions and was therefore not put to the vote (Rule 151(1)(d)).

Requests for roll-call votes

PPE-DE: final vote

20.   Financing instrument for the promotion of democracy and human rights worldwide ***I

Report: Hélène FLAUTRE/Edward MCMILLAN-SCOTT (A6-0376/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 —




  compromise package | 101-109
  111-116
  118-145
  146
  147 | Verts/ALE, PPE-DE
  Verts/ALE
  Verts/ALE | | + | am 147


  oral amendment |
| Block 2 | 1-100 | Committee | | ↓ | |
| Article 2, § 1, point (a) | 148 | PPE-DE | | W | |
| 117 | Verts/ALE, PPE-DE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise package

101-109

111-116

118-145

146

147

Verts/ALE, PPE-DE

Verts/ALE

Verts/ALE

+

am 147

oral amendment

Block 2

1-100

Committee

↓

Article 2, § 1, point (a)

148

PPE-DE

W

117

Verts/ALE, PPE-DE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 110 had been withdrawn.

Miscellaneous

Hélène Flautre moved the following oral amendment to amendment 147:

‘Furthermore, whilst democracy and human rights objectives
  must be
  increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary
  and additional
  role by virtue of its global nature and its independence of action from the consent of third country
  governments and other public
  authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues,
  including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons
  , providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level, which are neither geographically linked nor crisis related, which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations such as
  support to
  independent EU
  Election Observation Missions
  requiring policy coherence, a unified management system and common operating standards;’

21.   Prevention of injury and the promotion of safety *

Report: Kathy SINNOTT (A6-0398/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-3
  5-28 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 4 | Committee | sep | + | |
| Recommendation to the Commission, after point 3 | 29 | ALDE | | W | |
| After recital 5 | 30 | ALDE | | W | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

Amendments by the committee responsible — block vote

1-3

5-28

Committee

Committee

+

Amendments by the committee responsible — separate vote

Amendments by the committee responsible — separate vote

4

Committee

Committee

sep

+

Recommendation to the Commission, after point 3

29

ALDE

W

After recital 5

30

ALDE

W

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

Requests for separate votes

Requests for separate votes

IND/DEM: am 4

22.   A financing instrument for cooperation with industrialised and other high-income countries and territories *

Report: David MARTIN (A6-0430/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-32 | Committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

Amendments by the committee responsible — block vote

1-32

Committee

Committee

+

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   B6-0644/2006 — Appointment of the Bulgarian Commissioner

Decision

For: 583

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guidoni, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Portas, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Piotrowski, Rogalski, Sinnott, Zapałowski, Železný

NI: Baco, Battilocchio, Belohorská, Bobošíková, Kozlík, Rivera

PPE-DE: Albertini, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Podkański, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

Against: 21

ALDE: Mohácsi

GUE/NGL: Henin

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

NI: Allister, Chruszcz, Giertych, Kilroy-Silk, Martin Hans-Peter, Mote, Wojciechowski Bernard Piotr

PSE: Roth-Behrendt

UEN: Camre

Verts/ALE: Beer

Abstention: 28

GUE/NGL: Manolakou, Pflüger, Rizzo, Toussas, Wagenknecht

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

NI: Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Schenardi, Vanhecke

PPE-DE: Callanan, Mann Thomas

UEN: Kamiński

Verts/ALE: van Buitenen, Joan i Marí, Onesta

Corrections to votes

For

Michael Gahler, Panagiotis Beglitis, Aloyzas Sakalas

2.   B6-0645/2006 — Appointment of the Romanian Commissioner

Decision

For: 595

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Portas, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Piotrowski, Rogalski, Sinnott, Zapałowski, Železný

NI: Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Giertych, Kozlík, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Podkański, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

Against: 16

GUE/NGL: Henin, Krarup

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

NI: Allister, Kilroy-Silk, Martin Hans-Peter, Mote

UEN: Camre

Abstention: 29

GUE/NGL: Manolakou, Pflüger, Rizzo, Toussas, Wagenknecht

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

NI: Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Schenardi, Vanhecke

PPE-DE: Callanan, Klamt, Lauk, Mann Thomas

PSE: Roth-Behrendt

Verts/ALE: van Buitenen, Onesta

Corrections to votes

For

Panagiotis Beglitis, Aloyzas Sakalas

3.   Report: Pomés Ruiz A6-0442/2006 — Secret ballot

Decision

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Toussas, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Grabowski, Karatzaferis, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gobbo, Gollnisch, Helmer, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Rivera, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Pahor, Patrie, Peillon, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Tarand, Titley, Van Lancker,Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

4.   Report: Fazakas A6-0443/2006 — Secret ballot

Decision

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Toussas, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Grabowski, Karatzaferis, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gobbo, Gollnisch, Helmer, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Rivera, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

5.   Report: Klinz A6-0332/2006

Resolution

For: 615

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

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

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Rogalski, Sinnott, Zapałowski

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Giertych, Helmer, Martin Hans-Peter, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

Against: 13

IND/DEM: Bloom, Booth, Clark, Coûteaux, Farage, Nattrass, Piotrowski, Titford, Tomczak, Whittaker, Wise, Železný

NI: Mote

Abstention: 20

GUE/NGL: Manolakou, Toussas

IND/DEM: Krupa, Louis

NI: Allister, Baco, Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Schenardi, Vanhecke

Verts/ALE: van Buitenen

---

TEXTS ADOPTED

P6_TA(2006)0529

Nomination of the Bulgarian Commissioner

European Parliament decision approving the appointment of Mrs Meglena Kuneva, the new Member of the Commission nominated by the Republic of Bulgaria

The European Parliament,

| — | having regard to the Act concerning the conditions of accession of the Republic of Bulgaria, and in particular Article 45 thereof, |
| --- | --- |

—

having regard to the Act concerning the conditions of accession of the Republic of Bulgaria, and in particular Article 45 thereof,

| — | having regard to the candidate nominated by the acceding Member State, namely Mrs Meglena Kuneva, with a view to her appointment as a Member of the Commission, |
| --- | --- |

—

having regard to the candidate nominated by the acceding Member State, namely Mrs Meglena Kuneva, with a view to her appointment as a Member of the Commission,

| — | having regard to the hearing of the candidate held on 27 November 2006, |
| --- | --- |

—

having regard to the hearing of the candidate held on 27 November 2006,

| — | having regard to the Council's intention to appoint the new Member of the Commission, by common accord with the President of the Commission, as of the date of accession, namely 1 January 2007, as indicated in the letter sent by the Council to the President of the European Parliament on 31 October 2006, |
| --- | --- |

—

having regard to the Council's intention to appoint the new Member of the Commission, by common accord with the President of the Commission, as of the date of accession, namely 1 January 2007, as indicated in the letter sent by the Council to the President of the European Parliament on 31 October 2006,

| — | having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities, in particular Article 4(4) thereof, |
| --- | --- |

—

having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities, in particular Article 4(4) thereof,

| — | having regard to Rule 99 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99 of its Rules of Procedure,

| A. | recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European Community, |
| --- | --- |

A.

recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European Community,

| B. | in view of the outcome of the hearing of the Commissioner designate from the Republic of Bulgaria, as summarised in the letter of evaluation sent by the Chair of the competent Parliamentary Committee to the President of the European Parliament, and of the recommendation made by the Conference of Presidents, |
| --- | --- |

B.

in view of the outcome of the hearing of the Commissioner designate from the Republic of Bulgaria, as summarised in the letter of evaluation sent by the Chair of the competent Parliamentary Committee to the President of the European Parliament, and of the recommendation made by the Conference of Presidents,

| C. | whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid Protocol on enlargement, relating to the composition of the new Commission as from November 2009 in the context of the European Constitutional process, |
| --- | --- |

C.

whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid Protocol on enlargement, relating to the composition of the new Commission as from November 2009 in the context of the European Constitutional process,

| 1. | Approves the appointment of the new Member of the Commission, Mrs Meglena Kuneva, for the term of office remaining until 31 October 2009; |
| --- | --- |

1.

Approves the appointment of the new Member of the Commission, Mrs Meglena Kuneva, for the term of office remaining until 31 October 2009;

| 2. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

2.

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

P6_TA(2006)0530

Nomination of the Romanian Commissioner

European Parliament decision approving the appointment of Mr Leonard Orban, the new Member of the Commission nominated by Romania

The European Parliament,

| — | having regard to the Act concerning the conditions of accession of Romania, and in particular Article 45 thereof, |
| --- | --- |

—

having regard to the Act concerning the conditions of accession of Romania, and in particular Article 45 thereof,

| — | having regard to the candidate nominated by the acceding Member State, namely Mr Leonard Orban, with a view to his appointment as a Member of the Commission, |
| --- | --- |

—

having regard to the candidate nominated by the acceding Member State, namely Mr Leonard Orban, with a view to his appointment as a Member of the Commission,

| — | having regard to the hearing of the candidate held on 27 November 2006, |
| --- | --- |

—

having regard to the hearing of the candidate held on 27 November 2006,

| — | having regard to the Council's intention to appoint the new Member of the Commission, by common accord with the President of the Commission, as of the date of accession, namely 1 January 2007, as indicated in the letter sent by the Council to the President of the European Parliament on 31 October 2006, |
| --- | --- |

—

having regard to the Council's intention to appoint the new Member of the Commission, by common accord with the President of the Commission, as of the date of accession, namely 1 January 2007, as indicated in the letter sent by the Council to the President of the European Parliament on 31 October 2006,

| — | having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities, in particular Article 4(4) thereof, |
| --- | --- |

—

having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities, in particular Article 4(4) thereof,

| — | having regard to Rule 99 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99 of its Rules of Procedure,

| A. | recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European Community, |
| --- | --- |

A.

recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European Community,

| B. | in view of the outcome of the hearing of the Commissioner designate from Romania, as summarised in the letter of evaluation sent by the Chair of the competent Parliamentary Committee to the President of the European Parliament, and of the recommendation made by the Conference of Presidents, |
| --- | --- |

B.

in view of the outcome of the hearing of the Commissioner designate from Romania, as summarised in the letter of evaluation sent by the Chair of the competent Parliamentary Committee to the President of the European Parliament, and of the recommendation made by the Conference of Presidents,

| C. | whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid Protocol on enlargement, relating to the composition of the new Commission as from November 2009 in the context of the European Constitutional process, |
| --- | --- |

C.

whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid Protocol on enlargement, relating to the composition of the new Commission as from November 2009 in the context of the European Constitutional process,

| 1. | Approves the appointment of the new Member of the Commission, Mr Leonard Orban, for the term of office remaining until 31 October 2009; |
| --- | --- |

1.

Approves the appointment of the new Member of the Commission, Mr Leonard Orban, for the term of office remaining until 31 October 2009;

| 2. | Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States. |
| --- | --- |

2.

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

P6_TA(2006)0531

Nomination of the Bulgarian Member of the Court of Auditors

European Parliament decision on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors (C6-0411/2006 — 2006/0811(CNS))

The European Parliament,

| — | having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0411/2006), |
| --- | --- |

—

having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0411/2006),

| — | whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty, |
| --- | --- |

—

whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty,

| — | having regard to Rule 101 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 101 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A6-0442/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A6-0442/2006);

| 1. | Delivers a favourable opinion on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Communities and the audit offices of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Communities and the audit offices of the Member States.

P6_TA(2006)0532

Nomination of the Romanian Member of the Court of Auditors

European Parliament decision on the nomination of Ovidiu Ispir as a Member of the Court of Auditors (C6-0410/2006 — 2006/0812(CNS))

The European Parliament,

| — | having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0410/2006), |
| --- | --- |

—

having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0410/2006),

| — | whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty, |
| --- | --- |

—

whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty,

| — | having regard to Rule 101 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 101 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A6-0443/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A6-0443/2006);

| 1. | Delivers a favourable opinion on the nomination of Ovidiu Ispir as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the nomination of Ovidiu Ispir as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Communities and the audit offices of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Communities and the audit offices of the Member States.

P6_TA(2006)0533

Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (COM(2006)0178 — C6-0358/2006 — 2006/0063 (CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2006)0178) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2006)0178) (1),

| — | having regard to Article 62(2)(a), Article 66 and Article 300(2), first subparagraph, first line, of the EC Treaty, |
| --- | --- |

—

having regard to Article 62(2)(a), Article 66 and Article 300(2), first subparagraph, first line, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0358/2006), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0358/2006),

| — | having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0423/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0423/2006);

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

1.

Approves the conclusion of the Arrangement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2006)0534

Community action programme in the field of consumer policy (2007-2013) ***II

European Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (13241/1/2006 — C6-0420/2006 — 2005/0042B(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (13241/1/2006 — C6-0420/2006), |
| --- | --- |

—

having regard to the Council common position (13241/1/2006 — C6-0420/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0115) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0115) (2),

| — | having regard to the amended Commission proposal (COM(2006)0235) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2006)0235) (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 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0408/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0408/2006);

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 23.3.2006, P6_TA(2006)0107.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P6_TA(2006)0535

Prevention, control and eradication of certain transmissible spongiform encephalopathies ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (14224/4/2006 — C6-0432/2006 — 2004/0270B(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14224/4/2006 — C6-0432/2006) (1), |
| --- | --- |

—

having regard to the Council common position (14224/4/2006 — C6-0432/2006) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2004)0775) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2004)0775) (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 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0445/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0445/2006);

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  Texts Adopted, 17.5.2006, P6_TA(2006)0212.

(3)  Not yet published in OJ.

P6_TA(2006)0536

Statistical data on landings of fishery products ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (14283/1/2006 — C6-0421/2006 — 2005/0223(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14283/1/2006 — C6-0421/2006), |
| --- | --- |

—

having regard to the Council common position (14283/1/2006 — C6-0421/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0566) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0566) (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 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Fisheries (A6-0400/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Fisheries (A6-0400/2006);

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 15.6.2006, P6_TA(2006)0264.

(2)  Not yet published in OJ.

P6_TA(2006)0537

Protection of minors and human dignity and the right of reply ***II

European Parliament legislative resolution on the Council common position for adopting a recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry (9577/1/2006 — C6-0313/2006 — 2004/0117(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9577/1/2006 — C6-0313/2006), |
| --- | --- |

—

having regard to the Council common position (9577/1/2006 — C6-0313/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0341), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0341),

| — | having regard to the amended Commission proposal (COM(2006)0031), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2006)0031),

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

—

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

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0433/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0433/2006);

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  OJ C 193 E, 17.8.2006, p. 217.

P6_TA(2006)0538

Customs 2013 programme ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) (COM(2006)0201 — C6-0158/2006 — 2006/0075(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0201) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0201) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0158/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0158/2006),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A6-0428/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A6-0428/2006);

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006; |
| --- | --- |

2.

Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006;

| 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 Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0075

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

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,

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) | A major objective for the Community over the coming years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (3) (hereinafter referred to as ‘Customs 2007’), have significantly contributed to the achievement of that objective and to the overall objectives of customs policy. It is therefore appropriate to continue activities commenced under those programmes. A new programme (hereinafter referred to as ‘the Programme’) should be established for a period of six years to align its duration with that of the multiannual financial framework contained in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4). |
| --- | --- |

(1)

A major objective for the Community over the coming years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (3) (hereinafter referred to as ‘Customs 2007’), have significantly contributed to the achievement of that objective and to the overall objectives of customs policy. It is therefore appropriate to continue activities commenced under those programmes. A new programme (hereinafter referred to as ‘the Programme’) should be established for a period of six years to align its duration with that of the multiannual financial framework contained in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4).

| (2) | Customs administrations play a vital role in protecting the interests of the Community, particularly its financial interests. They also provide an equivalent level of protection to the citizens and economic operators of the Community at any point in the Community customs territory where customs clearance formalities are carried out. In this context, the strategic policy defined by the Customs Policy Group has aimed at ensuring that national customs administrations operate as efficiently and effectively and react to any requirement arising from a changing customs environment as would one single administration. It is therefore important that the Programme is consistent and supportive of the overall customs policy and that the Customs Policy Group, comprising the Commission and the heads of customs administrations of the Member States or their representatives, is supported under the Programme. The implementation of the Programme should be coordinated and organised by the Commission and the Member States within the common policy developed by the Customs Policy Group. |
| --- | --- |

(2)

Customs administrations play a vital role in protecting the interests of the Community, particularly its financial interests. They also provide an equivalent level of protection to the citizens and economic operators of the Community at any point in the Community customs territory where customs clearance formalities are carried out. In this context, the strategic policy defined by the Customs Policy Group has aimed at ensuring that national customs administrations operate as efficiently and effectively and react to any requirement arising from a changing customs environment as would one single administration. It is therefore important that the Programme is consistent and supportive of the overall customs policy and that the Customs Policy Group, comprising the Commission and the heads of customs administrations of the Member States or their representatives, is supported under the Programme. The implementation of the Programme should be coordinated and organised by the Commission and the Member States within the common policy developed by the Customs Policy Group.

| (3) | There is a need for action in the customs field to give priority to improving controls and anti-fraud activities, to minimising the cost of compliance with customs legislation for economic operators, to ensuring an efficient management of the control of goods at the external borders and to protecting citizens of the European Union as regards the safety and security of the international supply chain. The Community should therefore be able, within the framework of its own powers, to support the action of customs administrations of Member States and full advantage should be taken of every possibility for administrative cooperation and mutual administrative assistance provided for by Community rules. |
| --- | --- |

(3)

There is a need for action in the customs field to give priority to improving controls and anti-fraud activities, to minimising the cost of compliance with customs legislation for economic operators, to ensuring an efficient management of the control of goods at the external borders and to protecting citizens of the European Union as regards the safety and security of the international supply chain. The Community should therefore be able, within the framework of its own powers, to support the action of customs administrations of Member States and full advantage should be taken of every possibility for administrative cooperation and mutual administrative assistance provided for by Community rules.

| (4) | In order to support the accession process of candidate countries, the customs administrations of those countries should be given the necessary backing to be able to undertake the full range of tasks required under Community legislation from the date of their accession, including the management of future external borders. Therefore, the Programme should be open to candidate and potential candidate countries. |
| --- | --- |

(4)

In order to support the accession process of candidate countries, the customs administrations of those countries should be given the necessary backing to be able to undertake the full range of tasks required under Community legislation from the date of their accession, including the management of future external borders. Therefore, the Programme should be open to candidate and potential candidate countries.

| (5) | In order to support customs reforms in countries participating in the European Neighbourhood Policy, it is appropriate to provide for the possibility, under certain conditions, of their participation in selected activities of the Programme. |
| --- | --- |

(5)

In order to support customs reforms in countries participating in the European Neighbourhood Policy, it is appropriate to provide for the possibility, under certain conditions, of their participation in selected activities of the Programme.

| (6) | The increasing globalisation of trade, the development of new markets, and changes in the methods and speed of the movement of goods, require customs administrations to strengthen relations between themselves, as well as with business, legal and scientific circles, or other operators engaged in foreign trade. The Programme should provide the opportunity for persons representing those circles or entities to participate in activities of the Programme, where appropriate. |
| --- | --- |

(6)

The increasing globalisation of trade, the development of new markets, and changes in the methods and speed of the movement of goods, require customs administrations to strengthen relations between themselves, as well as with business, legal and scientific circles, or other operators engaged in foreign trade. The Programme should provide the opportunity for persons representing those circles or entities to participate in activities of the Programme, where appropriate.

| (7) | The trans-European computerised secure communication and information exchange systems financed under Customs 2007 are essential for the operation of customs within the Community and for the exchange of information between customs administrations and should therefore continue to be supported under the Programme. |
| --- | --- |

(7)

The trans-European computerised secure communication and information exchange systems financed under Customs 2007 are essential for the operation of customs within the Community and for the exchange of information between customs administrations and should therefore continue to be supported under the Programme.

| (8) | The experience gained by the Community from previous customs programmes has shown that bringing officials from different national administrations together in professional activities using tools such as benchmarking, project groups, seminars, workshops, working visits, training activities and monitoring actions contributes to a large extent to the achievement of the objectives of those programmes. Those activities should therefore be continued, while it should be made possible to develop new tools when required to respond even more effectively to needs which may arise. |
| --- | --- |

(8)

The experience gained by the Community from previous customs programmes has shown that bringing officials from different national administrations together in professional activities using tools such as benchmarking, project groups, seminars, workshops, working visits, training activities and monitoring actions contributes to a large extent to the achievement of the objectives of those programmes. Those activities should therefore be continued, while it should be made possible to develop new tools when required to respond even more effectively to needs which may arise.

| (9) | Customs officials need a sufficient standard of linguistic competence to cooperate and participate in the Programme. It should be the responsibility of the participating countries to provide the necessary language training for their officials. |
| --- | --- |

(9)

Customs officials need a sufficient standard of linguistic competence to cooperate and participate in the Programme. It should be the responsibility of the participating countries to provide the necessary language training for their officials.

| (10) | The mid-term evaluation of Customs 2007 confirmed the need to organise the information sharing and knowledge exchange between administrations and between administrations and the Commission in a more structured way, as well as the consolidation of knowledge gained during programme events. Therefore, under the Programme particular attention should be paid to information sharing and knowledge management. |
| --- | --- |

(10)

The mid-term evaluation of Customs 2007 confirmed the need to organise the information sharing and knowledge exchange between administrations and between administrations and the Commission in a more structured way, as well as the consolidation of knowledge gained during programme events. Therefore, under the Programme particular attention should be paid to information sharing and knowledge management.

| (11) | Although the primary responsibility for achieving the objectives of the Programme lies with the participating countries, Community action is needed for the coordination of the activities pursued under the Programme as well as for the provision of the infrastructure and the necessary stimulus. |
| --- | --- |

(11)

Although the primary responsibility for achieving the objectives of the Programme lies with the participating countries, Community action is needed for the coordination of the activities pursued under the Programme as well as for the provision of the infrastructure and the necessary stimulus.

| (12) | Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effect 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 Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effect 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 Decision does not go beyond what is necessary in order to achieve those objectives.

| (13) | This Decision establishes a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount for the budgetary authority, within the meaning of Point 37 of the Interinstitutional Agreement of 17 May 2006. |
| --- | --- |

(13)

This Decision establishes a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount for the budgetary authority, within the meaning of Point 37 of the Interinstitutional Agreement of 17 May 2006.

| (14) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5), |
| --- | --- |

(14)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

HAVE ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Establishment of the Programme

1.   A multiannual action programme for customs in the Community (Customs 2013), hereinafter referred to as ‘the Programme’, is hereby established for the period from 1 January 2008 to 31 December 2013 to support and complement action undertaken by Member States in ensuring the effective functioning of the internal market in the customs field.

2.   The programme shall consist of the following activities:

| (a) | communication and information-exchange systems; |
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(a)

communication and information-exchange systems;

| (b) | benchmarking; |
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(b)

benchmarking;

| (c) | seminars and workshops; |
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(c)

seminars and workshops;

| (d) | project groups and steering groups; |
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(d)

project groups and steering groups;

| (e) | working visits; |
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(e)

working visits;

| (f) | training activities; |
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(f)

training activities;

| (g) | monitoring actions; |
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(g)

monitoring actions;

| (h) | any other activities required for the realisation of the objectives of the programme. |
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(h)

any other activities required for the realisation of the objectives of the programme.

Article 2

Definitions

For the purpose of this Decision the following definitions shall apply:

| 1) | ‘administration’ means the public authorities and other bodies in the participating countries which are responsible for administering customs and customs related activities; |
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1)

‘administration’ means the public authorities and other bodies in the participating countries which are responsible for administering customs and customs related activities;

| 2) | ‘official’ means a member of an administration. |
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2)

‘official’ means a member of an administration.

Article 3

Participation in the Programme

1.   Participating countries are the Member States and the countries referred to in paragraph 2.

2.   The Programme shall be open to the participation of any of the following:

| (a) | candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and general terms and conditions for the participation of those countries in Community programmes established in the relevant Framework Agreement and Association Council Decisions; |
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(a)

candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and general terms and conditions for the participation of those countries in Community programmes established in the relevant Framework Agreement and Association Council Decisions;

| (b) | potential candidate countries, in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes. |
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(b)

potential candidate countries, in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes.

3.   The Programme may also be open to the participation of certain partner countries of the European Neighbourhood Policy if these countries have reached a sufficient level of approximation of the relevant legislation and administrative methods to those of the Community, and in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes.

4.   Participating countries shall be represented by officials from the relevant administration.

Article 4

Overall objectives

1.   The Programme shall be designed to ensure that the following overall objectives are met:

| (a) | ensuring that customs activities match the needs of the internal market, including supply chain security and trade facilitation, as well as support the strategy for growth and jobs; |
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(a)

ensuring that customs activities match the needs of the internal market, including supply chain security and trade facilitation, as well as support the strategy for growth and jobs;

| (b) | the interaction and performance of the duties of Member States' customs administrations as efficiently as though they were one administration, ensuring controls with equivalent results at every point of the Community customs territory and the support of legitimate business activity; |
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(b)

the interaction and performance of the duties of Member States' customs administrations as efficiently as though they were one administration, ensuring controls with equivalent results at every point of the Community customs territory and the support of legitimate business activity;

| (c) | the necessary protection of the financial interests of the Community; |
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(c)

the necessary protection of the financial interests of the Community;

| (d) | strengthening security and safety; |
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(d)

strengthening security and safety;

| (e) | preparing the countries referred to in Article 3(2) for accession, including by means of the sharing of experience and knowledge with the customs administrations of those countries. |
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(e)

preparing the countries referred to in Article 3(2) for accession, including by means of the sharing of experience and knowledge with the customs administrations of those countries.

2.   The common approach regarding customs policy shall continuously be adapted to new developments in partnership between the Commission and the Member States in the Customs Policy Group, comprising the Commission and the heads of customs administrations of the Member States or their representatives. The Commission shall keep the Customs Policy Group regularly informed of measures relating to the implementation of the Programme.

Article 5

Specific objectives

The specific objectives of the Programme shall be the following:

| (a) | to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, and to maintain open and transparent cooperation with commercial actors; |
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(a)

to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, and to maintain open and transparent cooperation with commercial actors;

| (b) | to identify, develop and apply best working practices, in particular in the areas of pre- and post-clearance audit control, risk analysis, customs controls and simplified procedures; |
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(b)

to identify, develop and apply best working practices, in particular in the areas of pre- and post-clearance audit control, risk analysis, customs controls and simplified procedures;

| (c) | to maintain a system for measuring the performance of Member States' customs administrations to improve their efficiency and effectiveness; |
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(c)

to maintain a system for measuring the performance of Member States' customs administrations to improve their efficiency and effectiveness;

| (d) | to support actions to prevent irregularities, in particular through the rapid provision of information on risks to front line customs posts; |
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(d)

to support actions to prevent irregularities, in particular through the rapid provision of information on risks to front line customs posts;

| (e) | to ensure a uniform and unambiguous tariff classification in the Community, in particular by improving coordination and cooperation between laboratories; |
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(e)

to ensure a uniform and unambiguous tariff classification in the Community, in particular by improving coordination and cooperation between laboratories;

| (f) | to support the creation of a pan-European electronic customs environment through the development of inter-operable communication and information exchange systems coupled with the necessary legislative and administrative changes; |
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(f)

to support the creation of a pan-European electronic customs environment through the development of inter-operable communication and information exchange systems coupled with the necessary legislative and administrative changes;

| (g) | to maintain existing communication and information systems and, where appropriate, to develop new systems; |
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(g)

to maintain existing communication and information systems and, where appropriate, to develop new systems;

| (h) | to undertake actions which will provide support to the customs administrations of countries preparing for accession; |
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(h)

to undertake actions which will provide support to the customs administrations of countries preparing for accession;

| (i) | to contribute to the development of high quality customs administrations in third countries; |
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(i)

to contribute to the development of high quality customs administrations in third countries;

| (j) | to improve cooperation between customs administrations of the Member States and third countries, in particular those of the partner countries of the European Neighbourhood Policy; |
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(j)

to improve cooperation between customs administrations of the Member States and third countries, in particular those of the partner countries of the European Neighbourhood Policy;

| (k) | to develop and reinforce common training. |
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(k)

to develop and reinforce common training.

Article 6

Work programme

The Commission shall establish a work programme annually in accordance with the procedure referred to in Article 20(2).

CHAPTER II

PROGRAMME ACTIVITIES

Article 7

Communication and information exchange systems

1.   The Commission and the participating countries shall ensure that the communication and information exchange systems referred to in paragraph 2 are operational.

2.   The communication and information exchange systems shall be the following:

| (a) | the common communications network/common systems interface (CCN/CSI); |
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(a)

the common communications network/common systems interface (CCN/CSI);

| (b) | the computerised transit system (CTS); |
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(b)

the computerised transit system (CTS);

| (c) | the tariff systems, in particular the data dissemination system (DDS), the combined nomenclature (CN), the information system on the integrated tariff of the Community (TARIC), the European binding tariff information system (EBTI), the tariff quota and surveillance system (TQS), the suspensions information system (SUSPENSIONS), the specimen management system (SMS), the information system for processing procedures (ISPP), the European customs inventory of chemical substances (ECICS) and the registered exporters system (REX); |
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(c)

the tariff systems, in particular the data dissemination system (DDS), the combined nomenclature (CN), the information system on the integrated tariff of the Community (TARIC), the European binding tariff information system (EBTI), the tariff quota and surveillance system (TQS), the suspensions information system (SUSPENSIONS), the specimen management system (SMS), the information system for processing procedures (ISPP), the European customs inventory of chemical substances (ECICS) and the registered exporters system (REX);

| (d) | the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6), including the Community risk management system, the export control system (ECS), the import control system (ICS) and the system for authorised economic operators (AEO); |
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(d)

the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6), including the Community risk management system, the export control system (ECS), the import control system (ICS) and the system for authorised economic operators (AEO);

| (e) | any new customs-related communication and information exchange systems, including electronic customs systems, established under Community legislation and provided for in the work programme referred to in Article 6. |
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(e)

any new customs-related communication and information exchange systems, including electronic customs systems, established under Community legislation and provided for in the work programme referred to in Article 6.

3.   The Community components of the communication and information exchange systems shall be the hardware, software and network connections which are common to all participating countries. The Commission shall, on behalf of the Community, conclude the necessary contracts to ensure the operational nature of these components.

4.   The non-Community components of the communication and information exchange systems shall comprise the national databases forming part of these systems, the network connections between the Community and non-Community components and such software and hardware as each participating country deems appropriate for the full operation of those systems throughout its administration. The participating countries shall ensure that the non-Community components are kept operational and shall ensure the interoperability of these components with the Community components.

5.   The Commission shall coordinate, in cooperation with the participating countries, those aspects of the establishment and functioning of the Community and non-Community components of the systems and infrastructure referred to in paragraph 2 which are necessary to ensure their operability, interconnectivity and continuous improvement. The Commission and the participating countries shall do everything within their power to comply with the schedules and deadlines established for that purpose.

6.   The Commission may make CCN/CSI available to other administrations for customs or non-customs purposes. A financial contribution may be required to cover related costs.

Article 8

Benchmarking

Benchmarking activities in the form of comparisons of working methods, procedures or processes, involving agreed indicators to identify best practices, may be organised between two or more participating countries.

Article 9

Seminars and workshops

The Commission and the participating countries shall together organise seminars and workshops and ensure the dissemination of the outcomes of such seminars and workshops.

Article 10

Project groups and steering groups

The Commission, in cooperation with the participating countries, may establish project groups with responsibility for carrying out specific tasks to be completed within a specified time-scale, and steering groups which shall perform activities of a coordinating nature.

Article 11

Working visits

1.   Participating countries shall organise working visits for officials. The working visits may not exceed one month. Each working visit shall be targeted at a particular professional activity and shall be sufficiently prepared and subsequently evaluated by the officials and administrations concerned. Working visits may be operational or targeted at specific priority activities.

2.   The participating countries shall enable visiting officials to play an effective role in the activities of the host administration. To this end, visiting officials shall be authorised to carry out the tasks relating to the duties entrusted to them. If circumstances so require and, in particular, in order to take account of the specific requirements of the legal system of each participating country, the competent authorities of the participating countries may restrict that authorisation.

3.   During the working visit, the civil liability of the visiting official for the performance of his/her duties shall be treated in the same way as that of officials of the host administration. Visiting officials shall be bound by the same rules of professional confidentiality as officials of the host administration.

Article 12

Training activities

1.   The participating countries, in cooperation with the Commission, shall facilitate cooperation between the national training institutions, in particular through:

| (a) | the setting of training standards, the development of existing training programmes and, where appropriate, the development of existing training modules and new modules using e-learning to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge; |
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(a)

the setting of training standards, the development of existing training programmes and, where appropriate, the development of existing training modules and new modules using e-learning to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge;

| (b) | where appropriate, the promotion of and access to training courses in the field of customs for officials of all participating countries where such courses are provided by a participating country for its own officials; |
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(b)

where appropriate, the promotion of and access to training courses in the field of customs for officials of all participating countries where such courses are provided by a participating country for its own officials;

| (c) | where appropriate, the provision of the necessary infrastructure and tools for common e-learning in the field of customs and in customs training management. |
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(c)

where appropriate, the provision of the necessary infrastructure and tools for common e-learning in the field of customs and in customs training management.

2.   Where appropriate, participating countries shall integrate the jointly developed e-learning modules referred to in point (a) of paragraph 1 in their national training programmes.

Participating countries shall ensure that their officials receive the initial and continuing training necessary to acquire common professional skills and knowledge in accordance with the training programmes. Participating countries shall promote the linguistic training necessary for officials to ascertain a sufficient level of linguistic competence for participation in the Programme.

Article 13

Monitoring actions

1.   The Commission, in cooperation with the Member States, shall decide which specific sectors of Community customs legislation may be subject to monitoring.

2.   Such monitoring shall be carried out by joint teams made up of customs officials from Member States and Commission officials. Those teams shall, on the basis of a theme-by-theme or regional approach, visit different points in the Community customs territory where customs administrations carry out their duties. The teams shall analyse customs practices at national level, identify any difficulties in implementing the rules and, where appropriate, make suggestions for the adaptation of Community rules and working methods in order to improve the efficiency of customs actions as a whole. The teams' reports shall be communicated to the Member States and the Commission.

Article 14

Participation in activities under the Programme

Representatives of international organisations, administrations of third countries and economic operators and their organisations may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 4 and 5.

Article 15

Information sharing

The Commission, in cooperation with the participating countries, shall develop the sharing of information resulting from the activities of the Programme.

CHAPTER III

FINANCIAL PROVISIONS

Article 16

Financial framework

1.   The financial envelope for the implementation of the Programme for the period from 1 January 2008 to 31 December 2013 shall be 323 800 000euro.

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework, in accordance with Point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

Article 17

Expenditure

1.   The expenditure necessary for the implementation of the Programme shall be borne by the Community and the participating countries in accordance with paragraphs 2 to 5.

2.   The Community shall bear the following expenditure:

| (a) | the cost of the acquisition, development, installation, maintenance and day-to-day operation of the Community components of the communication and information exchange systems referred to in Article 7(3); |
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(a)

the cost of the acquisition, development, installation, maintenance and day-to-day operation of the Community components of the communication and information exchange systems referred to in Article 7(3);

| (b) | the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars and workshops, project groups and steering groups and training and monitoring actions; |
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(b)

the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars and workshops, project groups and steering groups and training and monitoring actions;

| (c) | the organisational costs of seminars and workshops; |
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(c)

the organisational costs of seminars and workshops;

| (d) | the travel and living expenses incurred through the participation of external experts and participants referred to in Article 14; |
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(d)

the travel and living expenses incurred through the participation of external experts and participants referred to in Article 14;

| (e) | the cost of the acquisition, development, installation and maintenance of training systems and modules insofar as they are common to all participating countries; |
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(e)

the cost of the acquisition, development, installation and maintenance of training systems and modules insofar as they are common to all participating countries;

| (f) | the costs of any other activity referred to in point (h) of Article 1(2), up to a ceiling of no more than 5 % of the overall cost of the Programme. |
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(f)

the costs of any other activity referred to in point (h) of Article 1(2), up to a ceiling of no more than 5 % of the overall cost of the Programme.

3.   The participating countries shall bear the following expenditure:

| (a) | the cost of the acquisition, development, installation, maintenance and day-to-day operation of the non-Community components of the communication and information exchange systems referred to in Article 7(4); |
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(a)

the cost of the acquisition, development, installation, maintenance and day-to-day operation of the non-Community components of the communication and information exchange systems referred to in Article 7(4);

| (b) | the costs relating to the initial and continuing training of their officials, and in particular their linguistic training. |
| --- | --- |

(b)

the costs relating to the initial and continuing training of their officials, and in particular their linguistic training.

4.   The participating countries shall cooperate with the Commission to ensure that appropriations are used in accordance with the principle of sound financial management.

The Commission shall, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter referred to as ‘the Financial Regulation’), determine the rules relating to the payment of expenses and shall communicate them to the participating countries.

5.   The financial allocation for the Programme may also cover expenses relating to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the Programme and the achievement of its objectives, and in particular studies, meetings, information and publication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expense that the Commission may incur for the management of the Programme.

Article 18

Applicability of the Financial Regulation

The Financial Regulation shall be applicable to all subsidies granted in accordance with this Decision within the meaning of Title VI of the Financial Regulation. In particular, subsidies shall be subject to a prior written agreement with the beneficiary as set out in Article 108 of the Financial Regulation and on the basis of the implementing rules adopted in accordance with it, whereby the beneficiary declares its acceptance to have its utilisation of the appropriations granted audited by the Court of Auditors.

Article 19

Financial Control

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF), and by the Court of Auditors. Such audits may take place unannounced.

CHAPTER IV

OTHER PROVISIONS

Article 20

Committee

1.   The Commission shall be assisted by the ‘Customs 2013 Committee’ (hereinafter referred as ‘the Committee’).

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 three months.

Article 21

Follow-up

The Programme shall be subject to continuous joint monitoring by the participating countries and the Commission.

Article 22

Mid-term and final evaluations

1.   Mid-term and final evaluations of the Programme shall be carried out under the responsibility of the Commission using the reports referred to in paragraph 2 and any other relevant information. The Programme shall be evaluated in terms of the objectives set out in Articles 4 and 5.

The mid-term evaluation shall review the results obtained at the half-way point of the duration of the Programme in terms of effectiveness and efficiency, as well as the continued relevance of the initial objectives of the Programme. It shall also assess the use of funding and the progress of follow-up and implementation.

The final evaluation shall concentrate on the effectiveness and efficiency of the activities of the Programme.

2.   The participating countries shall submit the following evaluation reports to the Commission:

| (a) | before 1 April 2011, a mid-term evaluation report on the Programme's relevance, effectiveness and efficiency; |
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(a)

before 1 April 2011, a mid-term evaluation report on the Programme's relevance, effectiveness and efficiency;

| (b) | before 1 April 2014, a final evaluation report focusing on, inter alia, the Programme's effectiveness and efficiency. |
| --- | --- |

(b)

before 1 April 2014, a final evaluation report focusing on, inter alia, the Programme's effectiveness and efficiency.

3.   On the basis of the reports referred to in paragraph 2 and any other relevant information, the Commission shall submit to the European Parliament and the Council the following evaluation reports:

| (a) | before 1 August 2011, a mid-term evaluation report, and a communication on the desirability of continuing the Programme; |
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(a)

before 1 August 2011, a mid-term evaluation report, and a communication on the desirability of continuing the Programme;

| (b) | before 1 August 2014, a final evaluation report. |
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(b)

before 1 August 2014, a final evaluation report.

Those reports shall be sent to the European Economic and Social Committee and the Committee of the Regions for their information.

Article 23

Repeal

Decision No 253/2003/EC shall be repealed with effect from 1 January 2008.

However, financial obligations related to actions pursued under that Decision shall continue to be governed by that Decision until their completion.

Article 24

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

Article 25

Addressees

This Decision is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

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(1)  OJ C 324, 30.12.2006, p. 78.

1

(2)  Position of the European Parliament of 12 December 2006.

2

(3)  OJ L 36, 12.2.2003, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

3

(4)  OJ C 139, 14.6.2006, p. 1.

4

(5)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

5

(6)  OJ L 117, 4.5.2005, p. 13.

6

(7)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

7

P6_TA(2006)0539

A paperless environment for customs and trade ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0609) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0609) (1),

| — | having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0420/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0420/2005),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0407/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0407/2006);

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P6_TA(2006)0540

Community surveys on the structure of agricultural holdings ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0344) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0344) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0217/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0217/2006),

| — | having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof, |
| --- | --- |

—

having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,

| — | 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 Budgets (A6-0424/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0424/2006);

| 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 the Commission. |
| --- | --- |

3.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0112

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 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) | Council Regulation (EEC) No 571/88 (2) provides for the Member States to be reimbursed up to a maximum amount per survey, as a contribution to expenses incurred. |
| --- | --- |

(1)

Council Regulation (EEC) No 571/88 (2) provides for the Member States to be reimbursed up to a maximum amount per survey, as a contribution to expenses incurred.

| (2) | In order to carry out the surveys on the structure of agricultural holdings, considerable funding will be required from the Member States and from the Community to meet the information requirements of the Community institutions. |
| --- | --- |

(2)

In order to carry out the surveys on the structure of agricultural holdings, considerable funding will be required from the Member States and from the Community to meet the information requirements of the Community institutions.

| (3) | With a view to the accession of Bulgaria and Romania and to conducting surveys on the structure of agricultural holdings in these new Member States in 2007, it is appropriate to provide for a maximum Community contribution per survey; this adaptation is needed by reason of accession and has not been provided for in the Act of Accession. |
| --- | --- |

(3)

With a view to the accession of Bulgaria and Romania and to conducting surveys on the structure of agricultural holdings in these new Member States in 2007, it is appropriate to provide for a maximum Community contribution per survey; this adaptation is needed by reason of accession and has not been provided for in the Act of Accession.

| (4) | This Regulation lays down, for the remainder of the programme, a financial envelope constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

(4)

This Regulation lays down, for the remainder of the programme, a financial envelope constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 571/88 is amended as follows:

| 1) | the following indents are added to the first subparagraph of Article 14(1):






  ‘— | 2 000 000euro for Bulgaria, |
| --- | --- | --- |

1)

the following indents are added to the first subparagraph of Article 14(1):

‘—

2 000 000euro for Bulgaria,

| — | 2 000 000euro for Romania.’; |
| --- | --- |

—

2 000 000euro for Romania.’;

| 2) | in Article 14, the third, fourth and fifth subparagraphs of paragraph 1 are replaced by the following:
  ‘The financial envelope for the implementation of this programme, including the appropriations necessary for the management of the Eurofarm project, shall be set at 20 400 000euro for the period 2007-2009.
  The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.’. |
| --- | --- |

2)

in Article 14, the third, fourth and fifth subparagraphs of paragraph 1 are replaced by the following:

‘The financial envelope for the implementation of this programme, including the appropriations necessary for the management of the Eurofarm project, shall be set at 20 400 000euro for the period 2007-2009.

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.’.

Article 2

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

Article 1(1) shall apply as from 1 January 2007.

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 12 December 2006.

1

(2)  OJ L 56, 2.3.1988, p. 1. Regulation as last amended by Commission Regulation (EC) No 204/2006 (OJ L 34, 7.2.2006, p. 3).

2

(3)  OJ C 139, 14.6.2006, p. 1.

3

P6_TA(2006)0541

Cooperation between Asset Recovery Offices *

European Parliament legislative resolution on the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (7259/2006 — C6-0122/2006 — 2006/0805(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland (7259/2006), |
| --- | --- |

—

having regard to the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland (7259/2006),

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

—

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

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0122/2006), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0122/2006),

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

—

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

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0388/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0388/2006);

| 1. | Approves the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland as amended; |
| --- | --- |

1.

Approves the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

| 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. | Calls on the Council to consult Parliament if it intends to amend the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament if it intends to amend the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the governments of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the governments of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland.

1a.
     
  Without prejudice to paragraph 1, a Member State may, insofar as is consistent with national law, set up or designate two Asset Recovery Offices. Where a Member State has more than two units having the same powers, charged with facilitating the tracing and identification of proceeds of crime, no more than two units may be designated as national contact points.

2.   Each Member State shall indicate the unit which is a national Asset Recovery Office within the meaning of this Article. Member States shall notify this information and any subsequent changes to the General Secretariat of the Council in writing. That shall not preclude other units which are charged with the facilitation of the tracing and identification of proceeds of crime from exchanging information under Articles 3 and 4.

2.   Each Member State shall indicate the unit which is a national Asset Recovery Office within the meaning of this Article. Member States shall notify this information and any subsequent changes to the General Secretariat of the Council in writing. That shall not preclude other units which are charged with the facilitation of the tracing and identification of proceeds of crime from exchanging information under Articles 3 and 4
  with the Asset Recovery Office of another Member State
  .

1.   An Asset Recovery Office may make a request for information for a purpose stated in Article 1. To that end it shall use the procedures provided for under the Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The grounds of refusal of that Framework Decision shall apply.

1.   An Asset Recovery Office
  or other unit in a Member State having the same powers, charged with facilitating the tracing and identification of assets
  may make a request for information for a purpose stated in Article 1. To that end it shall use the procedures provided for under the Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The grounds of refusal of that Framework Decision shall apply.

1.   Asset Recovery Offices may, within the limits of the applicable national law and without a request to that effect, exchange information which they consider necessary for the execution of the tasks of another Asset Recovery Office in pursuance of the purposes of this Decision as stated in Article 1.

1.   Asset Recovery Offices
  or other units in a Member State having the same powers, charged with facilitating the tracing and identification of assets
  may, within the limits of the applicable national law and without a request to that effect, exchange information which they consider necessary for the execution of the tasks of another Asset Recovery Office in pursuance of the purposes of this Decision as stated in Article 1.

Article 5

Use of information received under this Decision

1.
     
  Information or documents obtained under this Decision may be used in any proceedings aimed at the freezing, seizure or confiscation of proceeds of crime or other crime related property.

2.
     
  When transmitting information pursuant to this Decision, the transmitting Asset Recovery Office may impose restrictions and conditions on the use of information. The receiving Asset Recovery Office shall comply with any such restrictions and conditions. Such restrictions and conditions may not relate to the use of information for the purpose of compensations to victims of the offence in respect of which the information has been obtained.

deleted

P6_TA(2006)0542

Expenditure in the veterinary field *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0273) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0273) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0199/2006), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0199/2006),

| — | 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 Agriculture and Rural Development (A6-0409/2006); |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0409/2006);

| 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. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council 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.

| (8a) | Little is known about the outcome of the programmes for the eradication, control and monitoring of certain animal diseases in the various Member States. |
| --- | --- |

(8a)

Little is known about the outcome of the programmes for the eradication, control and monitoring of certain animal diseases in the various Member States.

| (8b) | There are different attitudes to and ways of dealing with the same diseases in various Member States, even neighbouring Member States, and this may affect the efficiency of the measures taken. |
| --- | --- |

(8b)

There are different attitudes to and ways of dealing with the same diseases in various Member States, even neighbouring Member States, and this may affect the efficiency of the measures taken.

| (8c) | Particular attention should be paid to emergency situations, which require the sudden and unforeseeable disbursement of very large financial resources. |
| --- | --- |

(8c)

Particular attention should be paid to emergency situations, which require the sudden and unforeseeable disbursement of very large financial resources.

| (aa) | Support for actions to disseminate good practices and encourage the submission of joint programmes by two or more Member States and border regions, wherever this is shown to be important for the eradication, control and monitoring of contagious animal diseases, including zoonoses; |
| --- | --- |

(aa)

The list in the Annex may be amended in accordance with the procedure referred to in Article 41,
  in particular with regard
  to emerging animal diseases which pose a risk for animal health and, indirectly, to public health.

The list in the Annex
  may be updated only after the European Parliament and the Council have given their opinion on the specific matter. In exceptional cases it
  may be amended in accordance with the procedure referred to in Article 41,
  provided that the amendment relates
  to emerging animal diseases which pose a risk to animal health and, indirectly, to public health.

However, each Member State may, depending on its specific circumstances, submit national programmes, which shall be co-financed by the EU, for the eradication, control and monitoring of contagious animal diseases and zoonoses
  .

Each year, by
  31 March
  at the latest, Member States shall submit to the Commission the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

Each year, by
  30 April
  at the latest, Member States shall submit to the Commission the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

Programmes submitted after
  31 March
  shall not be eligible for financing the following year

Programmes submitted after
  30 April
  shall not be eligible for financing the following year.

Emergency situations requiring the sudden and unforeseeable disbursement of very large financial resources shall always be admissible and shall not be subject to the deadlines referred to in this Decision.

| (7a) | Article 43a is replaced by the following:



  Article 43a




  Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and the cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted. |
| --- | --- |

(7a)

Article 43a

Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and the cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted.

Council Decision 90/638/EEC is repealed from the date of taking effect of the Decision laying down the criteria referred to in the third subparagraph of Article 24(2) of Decision 90/424/EEC and the detailed rules referred to in Article 24(10) of that Decision.

Council Decision 90/638/EEC is repealed from the date of taking effect of the Decision laying down the criteria referred to in the third subparagraph of Article 24(2) of Decision 90/424/EEC and the detailed rules referred to in Article 24(10) of that Decision,
  without prejudice to the opinion of the European Parliament in the event of modification of the criteria currently in effect
  .

| — | Bovine leucosis |
| --- | --- |

—

Bovine leucosis

| — | Newcastle disease |
| --- | --- |

—

Newcastle disease

| — | Aujeszky's disease |
| --- | --- |

—

Aujeszky's disease

| — | Swine brucellosis |
| --- | --- |

—

Swine brucellosis

| — | BHV1 |
| --- | --- |

—

BHV1

| — | Maedi-Visna |
| --- | --- |

—

Maedi-Visna

| — | Paratuberculosis |
| --- | --- |

—

Paratuberculosis

| — | Mycoplasma gallisepticum |
| --- | --- |

—

Mycoplasma gallisepticum

---

(1)  Not yet published in OJ.

P6_TA(2006)0543

Protection of groundwater against pollution and deterioration ***III

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 3658/2006 — C6-0382/2006 — 2003/0210(COD))

(Codecision procedure: third reading)

The European Parliament,

| — | having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2006 — C6-0382/2006), |
| --- | --- |

—

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2006 — C6-0382/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0550) (2) and on the amended Commission proposal (COM(2005)0282), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0550) (2) and on the amended Commission proposal (COM(2005)0282),

| — | having regard to its position at second reading (3) on the Council common position (4), |
| --- | --- |

—

having regard to its position at second reading (3) on the Council common position (4),

| — | having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0434) (5), |
| --- | --- |

—

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0434) (5),

| — | having regard to Article 251(5) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(5) of the EC Treaty,

| — | having regard to Rule 65 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 65 of its Rules of Procedure,

| — | having regard to the report of its delegation to the Conciliation Committee (A6-0446/2006); |
| --- | --- |

—

having regard to the report of its delegation to the Conciliation Committee (A6-0446/2006);

| 1. | Approves the joint text; |
| --- | --- |

1.

Approves the joint text;

| 2. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

2.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 3. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

3.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

| 4. | Instructs its President to forward this legislative resolution to the Council and Commission. |
| --- | --- |

4.

Instructs its President to forward this legislative resolution to the Council and Commission.

---

(1)  OJ C 45 E, 23.2.2006, p. 15.

(2)  Not yet published in OJ.

(3)  Texts Adopted,13.6.2006, P6_TA(2006)0251.

(4)  OJ C 126 E, 30.5.2006, p. 1.

(5)  Not yet published in OJ.

P6_TA(2006)0544

Financing instrument for development cooperation ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (11944/2/2006 — C6-0357/2006), |
| --- | --- |

—

having regard to the Council common position (11944/2/2006 — C6-0357/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0629) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0629) (2),

| — | having regard to the amended Commission proposal (COM(2004)0629/2) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2004)0629/2) (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 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Development (A6-0448/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Development (A6-0448/2006);

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 18.5.2006, P6_TA(2006)0217.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P6_TA(2006)0545

Community Customs Code ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0608) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0608) (1),

| — | having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0419/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0419/2005),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A6-0429/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A6-0429/2006);

| 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)0246

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 26, 95, 133 and 135 thereof,

Having regard to Protocol 2 to the Act of Accession of Spain and Portugal, concerning the Canary Islands and Ceuta and Melilla, and in particular Article 9 (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) | The Community is based upon a customs union. It is advisable, in the interests both of economic operators and the customs authorities in the Community, to assemble current customs legislation in a Community Customs Code (hereinafter called ‘the Code’). Based on the concept of an internal market, the Code should contain the general rules and procedures which ensure the implementation of the tariff and other common policy measures introduced at Community level in connection with trade in goods between the Community and countries or territories outside the customs territory of the Community, taking into account the requirements of those common policies. This should be without prejudice to specific provisions laid down in other fields as may exist or be introduced in the context, inter alia, of legislation relating to agriculture, the environment, the common commercial policy, statistics or own resources. Customs legislation should be better aligned on the provisions relating to the collection
  of import charges
  , without change to the scope of the tax provisions in force. |
| --- | --- |

(1)

The Community is based upon a customs union. It is advisable, in the interests both of economic operators and the customs authorities in the Community, to assemble current customs legislation in a Community Customs Code (hereinafter called ‘the Code’). Based on the concept of an internal market, the Code should contain the general rules and procedures which ensure the implementation of the tariff and other common policy measures introduced at Community level in connection with trade in goods between the Community and countries or territories outside the customs territory of the Community, taking into account the requirements of those common policies. This should be without prejudice to specific provisions laid down in other fields as may exist or be introduced in the context, inter alia, of legislation relating to agriculture, the environment, the common commercial policy, statistics or own resources. Customs legislation should be better aligned on the provisions relating to the collection
  of import charges
  , without change to the scope of the tax provisions in force.

| (2) | In accordance with the Communication from the Commission concerning the protection of the Community's financial interests and the Action Plan for 2004-2005 (3), it is appropriate to adapt the legal framework for the protection of the financial interests of the Community. |
| --- | --- |

(2)

In accordance with the Communication from the Commission concerning the protection of the Community's financial interests and the Action Plan for 2004-2005 (3), it is appropriate to adapt the legal framework for the protection of the financial interests of the Community.

| (3) | Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs Code (4), was based upon integration of the customs procedures applied separately in the Member States during the 1980s. That Regulation has been repeatedly and substantially amended since its introduction, in order to address specific problems such as the protection of good faith or the taking into account of security requirements. Further amendments to the Code are necessary as a consequence of the important legal changes which have occurred in recent years, both at Community and international level, such as the expiry of the Treaty establishing the European Coal and Steel Community and the entry into force of the Act of Accession on 1 May 2004, as well as the Amendment to the International Convention on the simplification and harmonization of customs procedures (hereinafter referred to as the ‘Kyoto Convention’), the Accession of the Community to which was approved by Council Decision 2003/231/EC (5). The time has now come to streamline customs procedures and to take into account the fact that electronic declarations and processing are the rule and paper-based declarations and processing the exception. For all of these reasons, further amendment of the present Code is not sufficient; a complete overhaul is necessary. |
| --- | --- |

(3)

Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs Code (4), was based upon integration of the customs procedures applied separately in the Member States during the 1980s. That Regulation has been repeatedly and substantially amended since its introduction, in order to address specific problems such as the protection of good faith or the taking into account of security requirements. Further amendments to the Code are necessary as a consequence of the important legal changes which have occurred in recent years, both at Community and international level, such as the expiry of the Treaty establishing the European Coal and Steel Community and the entry into force of the Act of Accession on 1 May 2004, as well as the Amendment to the International Convention on the simplification and harmonization of customs procedures (hereinafter referred to as the ‘Kyoto Convention’), the Accession of the Community to which was approved by Council Decision 2003/231/EC (5). The time has now come to streamline customs procedures and to take into account the fact that electronic declarations and processing are the rule and paper-based declarations and processing the exception. For all of these reasons, further amendment of the present Code is not sufficient; a complete overhaul is necessary.

| (4) | The facilitation of legitimate trade and the fight against fraud require simple, rapid and standard customs procedures and processes. It is therefore appropriate, in line with the Communication from the Commission on a simple and paperless environment for customs and trade (6), to simplify customs legislation, so as to allow the use of modern tools and technology and to promote further the uniform application of customs legislation, thus contributing to ensuring the basis for efficient and simple clearance procedures. Customs procedures should be merged or aligned and the number of procedures reduced to those that are economically justified, with a view to increasing the competitiveness of business. |
| --- | --- |

(4)

The facilitation of legitimate trade and the fight against fraud require simple, rapid and standard customs procedures and processes. It is therefore appropriate, in line with the Communication from the Commission on a simple and paperless environment for customs and trade (6), to simplify customs legislation, so as to allow the use of modern tools and technology and to promote further the uniform application of customs legislation, thus contributing to ensuring the basis for efficient and simple clearance procedures. Customs procedures should be merged or aligned and the number of procedures reduced to those that are economically justified, with a view to increasing the competitiveness of business.

| (5) | The completion of the internal market, the reduction of barriers to international trade and investment and the reinforced need to ensure security and safety at the external borders of the Community have transformed the role of customs, making them a central part of the globalization process and, in the monitoring and management of international trade, a catalyst to the competitiveness of countries and companies. Customs legislation should therefore reflect the new economic reality and the new role and mission of customs. |
| --- | --- |

(5)

The completion of the internal market, the reduction of barriers to international trade and investment and the reinforced need to ensure security and safety at the external borders of the Community have transformed the role of customs, making them a central part of the globalization process and, in the monitoring and management of international trade, a catalyst to the competitiveness of countries and companies. Customs legislation should therefore reflect the new economic reality and the new role and mission of customs.

| (6) | The use of Information and Communication Technology (hereinafter referred to as ‘IT’) is a key element in ensuring trade facilitation and, at the same time, the effectiveness of customs controls, thus reducing costs for business and risk for society. It is therefore necessary to establish the legal principle that all customs and trade transactions are to be handled electronically and that IT systems for customs operations offer, in each Member State, the same facilities to economic operators. |
| --- | --- |

(6)

The use of Information and Communication Technology (hereinafter referred to as ‘IT’) is a key element in ensuring trade facilitation and, at the same time, the effectiveness of customs controls, thus reducing costs for business and risk for society. It is therefore necessary to establish the legal principle that all customs and trade transactions are to be handled electronically and that IT systems for customs operations offer, in each Member State, the same facilities to economic operators.

| (7) | Such use of information and communication technologies should be accompanied by harmonisation of customs checks, which should be effective throughout the Community and should not give rise to anti-competitive behaviour at the various Community entry and exit points. |
| --- | --- |

(7)

Such use of information and communication technologies should be accompanied by harmonisation of customs checks, which should be effective throughout the Community and should not give rise to anti-competitive behaviour at the various Community entry and exit points.

| (8) | In the interests of facilitating business, while at the same time providing for the proper levels of control of goods brought into or out of the customs territory of the Community, it is appropriate that the information provided by economic operators is shared, taking account of the relevant data protection provisions, between customs authorities and with other agencies involved in that control, such as police, border guards, veterinary and environmental authorities, so that the economic operator need give the information only once (‘single window’) and that the goods are controlled by those authorities at the same time and at the same place (‘one stop shop’). |
| --- | --- |

(8)

In the interests of facilitating business, while at the same time providing for the proper levels of control of goods brought into or out of the customs territory of the Community, it is appropriate that the information provided by economic operators is shared, taking account of the relevant data protection provisions, between customs authorities and with other agencies involved in that control, such as police, border guards, veterinary and environmental authorities, so that the economic operator need give the information only once (‘single window’) and that the goods are controlled by those authorities at the same time and at the same place (‘one stop shop’).

| (9) | In the interests of facilitating
  certain types of
  business, economic operators should
  continue to
  have the right to appoint a representative in their dealings with the customs authorities.
  However, it should no longer be possible for this right of representation to be circumscribed under a law laid down by one of the Member States. Furthermore, the customs representative should be able to be granted the status of economic operator. |
| --- | --- |

(9)

In the interests of facilitating
  certain types of
  business, economic operators should
  continue to
  have the right to appoint a representative in their dealings with the customs authorities.
  However, it should no longer be possible for this right of representation to be circumscribed under a law laid down by one of the Member States. Furthermore, the customs representative should be able to be granted the status of economic operator.

| (10) | Compliant and trustworthy economic operators should, as ‘Authorized Economic Operators’, be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit from reduced levels of customs control.
  They may thus enjoy the status of ‘customs simplification’ authorised economic operator or the status of ‘security and safety’ authorised economic operator. They may be granted one or other status, or both together. |
| --- | --- |

(10)

Compliant and trustworthy economic operators should, as ‘Authorized Economic Operators’, be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit from reduced levels of customs control.
  They may thus enjoy the status of ‘customs simplification’ authorised economic operator or the status of ‘security and safety’ authorised economic operator. They may be granted one or other status, or both together.

| (11) | All decisions, that is official acts by the customs authorities pertaining to customs legislation and having legal effect on one or more persons, including binding information issued by those authorities, should be covered by the same rules. Any such decisions should be valid throughout the Community and be able to be annulled, amended except where stipulated, or revoked where they do not conform to the customs legislation or its interpretation. |
| --- | --- |

(11)

All decisions, that is official acts by the customs authorities pertaining to customs legislation and having legal effect on one or more persons, including binding information issued by those authorities, should be covered by the same rules. Any such decisions should be valid throughout the Community and be able to be annulled, amended except where stipulated, or revoked where they do not conform to the customs legislation or its interpretation.

| (12) | In accordance with the Charter of Fundamental Rights, it is necessary, in addition to the right of appeal against any decision taken by the customs authorities, to provide for the right of every person to be heard before any decision is taken which would adversely affect him. Such a provision within the Code should also apply to cases of post-clearance recovery and to decisions on repayment or remission claims. |
| --- | --- |

(12)

In accordance with the Charter of Fundamental Rights, it is necessary, in addition to the right of appeal against any decision taken by the customs authorities, to provide for the right of every person to be heard before any decision is taken which would adversely affect him. Such a provision within the Code should also apply to cases of post-clearance recovery and to decisions on repayment or remission claims.

| (13) | The streamlining of customs procedures within an electronic environment requires the sharing of responsibilities between the customs authorities of different Member States. It is necessary to ensure an appropriate level of effective, dissuasive and proportionate sanctions throughout the Internal Market in order to discourage any serious infringements of the customs rules and thus reduce the risk of fraud, of threats to safety and security, and to protect the financial interests of the Community. This can only be achieved through a common Community framework, which allocates jurisdiction for the imposition of penalties and delimits those penalties, in full respect of the Charter of Fundamental Rights. |
| --- | --- |

(13)

The streamlining of customs procedures within an electronic environment requires the sharing of responsibilities between the customs authorities of different Member States. It is necessary to ensure an appropriate level of effective, dissuasive and proportionate sanctions throughout the Internal Market in order to discourage any serious infringements of the customs rules and thus reduce the risk of fraud, of threats to safety and security, and to protect the financial interests of the Community. This can only be achieved through a common Community framework, which allocates jurisdiction for the imposition of penalties and delimits those penalties, in full respect of the Charter of Fundamental Rights.

| (14) | In order to secure a balance between, on the one hand, the need for customs authorities to ensure the correct application of customs legislation and, on the other, the right of economic operators to be treated fairly, the customs authorities should be granted extensive powers of control and economic operators a right of appeal. |
| --- | --- |

(14)

In order to secure a balance between, on the one hand, the need for customs authorities to ensure the correct application of customs legislation and, on the other, the right of economic operators to be treated fairly, the customs authorities should be granted extensive powers of control and economic operators a right of appeal.

| (15) | In order to minimize the occurrence of risk to the Community, its citizens and its trading partners, the harmonized application of customs controls by the Member States should be based upon a common risk management framework and an electronic system for its implementation. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by random checks. |
| --- | --- |

(15)

In order to minimize the occurrence of risk to the Community, its citizens and its trading partners, the harmonized application of customs controls by the Member States should be based upon a common risk management framework and an electronic system for its implementation. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by random checks.

| (16) | It is necessary to establish the factors on the basis of which import or export duties and other measures in respect of trade in goods are applied. It is also appropriate to lay down clear provisions for issuing proofs of origin in the Community, where the exigencies of trade so require. |
| --- | --- |

(16)

It is necessary to establish the factors on the basis of which import or export duties and other measures in respect of trade in goods are applied. It is also appropriate to lay down clear provisions for issuing proofs of origin in the Community, where the exigencies of trade so require.

| (17) | As regards the rules on preferential origin, it is appropriate, in order to expedite the decision-making process within the Community, to confer on the Commission powers for the adoption of these rules in the case of goods benefiting from preferential measures applicable to trade between the customs territory of the Community and Ceuta and Melilla. |
| --- | --- |

(17)

As regards the rules on preferential origin, it is appropriate, in order to expedite the decision-making process within the Community, to confer on the Commission powers for the adoption of these rules in the case of goods benefiting from preferential measures applicable to trade between the customs territory of the Community and Ceuta and Melilla.

| (18) | It is desirable to group together all cases of incurrence of a customs debt on importation, other than following the submission of a customs declaration for release for free circulation or temporary admission with partial relief, in order to avoid difficulties in determining the legal basis on which the customs debt was incurred. The same should apply in case of incurrence of a customs debt on exportation. |
| --- | --- |

(18)

It is desirable to group together all cases of incurrence of a customs debt on importation, other than following the submission of a customs declaration for release for free circulation or temporary admission with partial relief, in order to avoid difficulties in determining the legal basis on which the customs debt was incurred. The same should apply in case of incurrence of a customs debt on exportation.

| (19) | Since the new role of customs authorities implies the sharing of responsibilities and co-operation between inland and border customs offices, the customs debt should, in most cases, be incurred at the place where the debtor is established, as the customs office competent for this place can best supervise the activities of the person concerned. |
| --- | --- |

(19)

Since the new role of customs authorities implies the sharing of responsibilities and co-operation between inland and border customs offices, the customs debt should, in most cases, be incurred at the place where the debtor is established, as the customs office competent for this place can best supervise the activities of the person concerned.

| (20) | Furthermore, in line with the Kyoto Convention, it is appropriate to provide for a reduced number of cases where administrative co-operation between Member States is required in order to establish the place where the customs debt was incurred and to recover the duties. |
| --- | --- |

(20)

Furthermore, in line with the Kyoto Convention, it is appropriate to provide for a reduced number of cases where administrative co-operation between Member States is required in order to establish the place where the customs debt was incurred and to recover the duties.

| (21) | The rules for special procedures should allow for the use of a single guarantee for all categories of special procedures and for that guarantee to be comprehensive, covering a number of transactions. |
| --- | --- |

(21)

The rules for special procedures should allow for the use of a single guarantee for all categories of special procedures and for that guarantee to be comprehensive, covering a number of transactions.

| (22) | In order to ensure better protection of the financial interests of the Community and of the Member States, a guarantee should cover non-declared or incorrectly declared goods included in a consignment or a declaration for which it is provided. For the same reason, the undertaking of the guarantor should also cover amounts of duties which fall to be paid following post-release controls. |
| --- | --- |

(22)

In order to ensure better protection of the financial interests of the Community and of the Member States, a guarantee should cover non-declared or incorrectly declared goods included in a consignment or a declaration for which it is provided. For the same reason, the undertaking of the guarantor should also cover amounts of duties which fall to be paid following post-release controls.

| (23) | In order to safeguard the financial interests of the Community and of the Member States and to curb fraudulent practices, arrangements involving graduated measures for the application of a comprehensive guarantee are advisable. Where there is an increased risk of fraud it should be possible to prohibit temporarily the application of the comprehensive guarantee, taking account of the particular situation of the economic operators. |
| --- | --- |

(23)

In order to safeguard the financial interests of the Community and of the Member States and to curb fraudulent practices, arrangements involving graduated measures for the application of a comprehensive guarantee are advisable. Where there is an increased risk of fraud it should be possible to prohibit temporarily the application of the comprehensive guarantee, taking account of the particular situation of the economic operators.

| (24) | It is appropriate to take account of the good faith of the person concerned in cases where a customs debt is incurred through non-compliance with customs legislation and to minimize the impact of negligence on the part of the debtor. |
| --- | --- |

(24)

It is appropriate to take account of the good faith of the person concerned in cases where a customs debt is incurred through non-compliance with customs legislation and to minimize the impact of negligence on the part of the debtor.

| (25) | It is necessary to lay down the principle of how to determine the status of Community goods, the circumstances pertaining to the loss of such status, and to provide a basis for determining when this status remains unaltered in cases where goods temporarily leave the customs territory of the Community. |
| --- | --- |

(25)

It is necessary to lay down the principle of how to determine the status of Community goods, the circumstances pertaining to the loss of such status, and to provide a basis for determining when this status remains unaltered in cases where goods temporarily leave the customs territory of the Community.

| (26) | It is appropriate, where an economic operator has provided, in advance, the information necessary for risk-based controls on the admissibility of the goods, to ensure that quick release of goods is then the rule. Fiscal and trade policy controls should primarily be performed by the customs office responsible for the premises of the economic operator. |
| --- | --- |

(26)

It is appropriate, where an economic operator has provided, in advance, the information necessary for risk-based controls on the admissibility of the goods, to ensure that quick release of goods is then the rule. Fiscal and trade policy controls should primarily be performed by the customs office responsible for the premises of the economic operator.

| (27) | The rules for customs declarations should be modernized and streamlined, in particular requiring that customs declarations are, as a rule, made electronically and providing for only one type of simplified declaration. |
| --- | --- |

(27)

The rules for customs declarations should be modernized and streamlined, in particular requiring that customs declarations are, as a rule, made electronically and providing for only one type of simplified declaration.

| (28) | Since the Kyoto Convention favours the lodging, registering and checking of the customs declaration prior to the arrival of the goods and, furthermore, the dissociation of the place where the declaration is lodged from the place where the goods are physically located, it is appropriate to provide for centralized clearance at the place where the economic operator is established. Centralized clearance should include the facility for the use of simplified declarations, deferment of the date of the submission of a complete declaration and required documents, periodic declaration and deferred payment. |
| --- | --- |

(28)

Since the Kyoto Convention favours the lodging, registering and checking of the customs declaration prior to the arrival of the goods and, furthermore, the dissociation of the place where the declaration is lodged from the place where the goods are physically located, it is appropriate to provide for centralized clearance at the place where the economic operator is established. Centralized clearance should include the facility for the use of simplified declarations, deferment of the date of the submission of a complete declaration and required documents, periodic declaration and deferred payment.

| (29) | In order to contribute to ensuring neutral conditions for competition throughout the Community it is appropriate to lay down at Community level the rules governing the destruction or disposal otherwise of goods by the customs authorities, which have previously required national legislation. |
| --- | --- |

(29)

In order to contribute to ensuring neutral conditions for competition throughout the Community it is appropriate to lay down at Community level the rules governing the destruction or disposal otherwise of goods by the customs authorities, which have previously required national legislation.

| (30) | It is appropriate to provide common and simple rules for the special procedures (transit, storage, specific use and processing), supplemented by a small set of rules for each category of special procedure, in order to make the choice for the operator of the right procedure simple, to avoid errors and to reduce the number of post-release recoveries and repayments. |
| --- | --- |

(30)

It is appropriate to provide common and simple rules for the special procedures (transit, storage, specific use and processing), supplemented by a small set of rules for each category of special procedure, in order to make the choice for the operator of the right procedure simple, to avoid errors and to reduce the number of post-release recoveries and repayments.

| (31) | The granting of authorizations for several special procedures with a single guarantee and a single supervising customs office should be facilitated and there should be simple rules on the incurrence of a customs debt in these cases. The basic principle should be that goods placed under a special procedure, or the products made from them, are assessed at the time the customs debt is incurred. However, it should also be possible, where economically justified, to assess the goods at the time they were placed under a special procedure. The same principles should apply to usual forms of handling. |
| --- | --- |

(31)

The granting of authorizations for several special procedures with a single guarantee and a single supervising customs office should be facilitated and there should be simple rules on the incurrence of a customs debt in these cases. The basic principle should be that goods placed under a special procedure, or the products made from them, are assessed at the time the customs debt is incurred. However, it should also be possible, where economically justified, to assess the goods at the time they were placed under a special procedure. The same principles should apply to usual forms of handling.

| (32) | In view of the increased security-related measures introduced into the Code under Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
   (7), the placing of goods into free zones should become a customs procedure and the goods should be subject to customs controls at entry and with regard to records. |
| --- | --- |

(32)

In view of the increased security-related measures introduced into the Code under Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
   (7), the placing of goods into free zones should become a customs procedure and the goods should be subject to customs controls at entry and with regard to records.

| (33) | For goods placed under a specific use, a basic legal framework should be established relating to the suspension of excise duty, provided for under Council Directive 92/12/EEC of 25 February 1992, on the General Arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), VAT at importation provided for under Articles 7(3) and 10(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (9), and commercial policy measures. |
| --- | --- |

(33)

For goods placed under a specific use, a basic legal framework should be established relating to the suspension of excise duty, provided for under Council Directive 92/12/EEC of 25 February 1992, on the General Arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), VAT at importation provided for under Articles 7(3) and 10(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (9), and commercial policy measures.

| (34) | Given that the intention of re-exportation is no longer necessary, the inward processing suspension procedure should be merged with processing under customs control and the inward processing drawback procedure abandoned. This one inward processing procedure should also cover destruction, except where destruction is carried out by, or under the supervision of, customs. |
| --- | --- |

(34)

Given that the intention of re-exportation is no longer necessary, the inward processing suspension procedure should be merged with processing under customs control and the inward processing drawback procedure abandoned. This one inward processing procedure should also cover destruction, except where destruction is carried out by, or under the supervision of, customs.

| (35) | Security-related measures relating to Community goods brought out of the customs territory of the Community should apply equally to the re-export of non-Community goods. The same basic rules should apply to all types of goods, with the possibility of exceptions where necessary, such as for goods only transiting through the customs territory of the Community. |
| --- | --- |

(35)

Security-related measures relating to Community goods brought out of the customs territory of the Community should apply equally to the re-export of non-Community goods. The same basic rules should apply to all types of goods, with the possibility of exceptions where necessary, such as for goods only transiting through the customs territory of the Community.

| (36) | It is appropriate, in order to ensure an effective decision-making process and uniformity, to streamline mechanisms for the adoption of implementing measures, explanatory notes, guidelines and decisions of the Commission requesting the withdrawal of a decision taken by the customs authorities, as well as for the preparation of a common position in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. The management procedure is most appropriate for the adoption of implementing provisions, and the consultative procedure most appropriate for the adoption of guidelines and explanatory notes. |
| --- | --- |

(36)

It is appropriate, in order to ensure an effective decision-making process and uniformity, to streamline mechanisms for the adoption of implementing measures, explanatory notes, guidelines and decisions of the Commission requesting the withdrawal of a decision taken by the customs authorities, as well as for the preparation of a common position in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. The management procedure is most appropriate for the adoption of implementing provisions, and the consultative procedure most appropriate for the adoption of guidelines and explanatory notes.

| (37) | 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 procedure for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(37)

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 procedure for the exercise of implementing powers conferred on the Commission (10).

| (38) | It is appropriate to provide empowerment for the adoption of implementing provisions, notably where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code. |
| --- | --- |

(38)

It is appropriate to provide empowerment for the adoption of implementing provisions, notably where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code.

| (39) | In order to simplify and rationalize customs legislation, a number of provisions presently contained in autonomous Community acts have, for the sake of transparency been incorporated into the Code. The following Regulations, together with Regulation (EEC) No 2913/92, should therefore be
  repealed:








  — | Council
  Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing (11), |
| --- | --- | --- |

(39)

In order to simplify and rationalize customs legislation, a number of provisions presently contained in autonomous Community acts have, for the sake of transparency been incorporated into the Code. The following Regulations, together with Regulation (EEC) No 2913/92, should therefore be
  repealed:

—

Council
  Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing (11),

| — | Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation in trade between the customs territory of the Community and Ceuta and Melilla (12), |
| --- | --- |

—

Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation in trade between the customs territory of the Community and Ceuta and Melilla (12),

| — | Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorizations under the provisions governing preferential trade between the European Community and certain countries (13). |
| --- | --- |

—

Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorizations under the provisions governing preferential trade between the European Community and certain countries (13).

| (40) | In accordance with the principle of proportionality, it is necessary, and appropriate for the effective functioning of the Customs Union as a central pillar of the internal market, to lay down rules and procedures applicable to goods brought into or out of the customs territory of the Community. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(40)

In accordance with the principle of proportionality, it is necessary, and appropriate for the effective functioning of the Customs Union as a central pillar of the internal market, to lay down rules and procedures applicable to goods brought into or out of the customs territory of the Community. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

CHAPTER 1

SCOPE OF CUSTOMS LEGISLATION, MISSION OF CUSTOMS AND DEFINITIONS

Article 1

Subject matter and scope

This regulation establishes the Community Customs Code, hereinafter ‘the Code’, laying down the general rules and procedures applicable to goods brought into or out of the customs territory of the Community.

The Code shall apply uniformly throughout the customs territory of the Community without prejudice to legislation in other fields pertaining to such trade.

Article 2

Mission of customs authorities

Customs authorities shall be responsible for
  the supervision of
  the Community's
  international trade
  , thereby contributing to open trade, to the implementation of the external aspects of the internal market
  , of the common trade policy
  and of
  the other
  common Community policies with a bearing on trade, as well as to overall supply chain security. These tasks shall include the following:

| (a) | protecting the financial interests of the Community and its Member States; |
| --- | --- |

(a)

protecting the financial interests of the Community and its Member States;

| (b) | protecting the Community from unfair and illegal trade while supporting legitimate business activity; |
| --- | --- |

(b)

protecting the Community from unfair and illegal trade while supporting legitimate business activity;

| (c) | ensuring the security and safety of citizens, and the environment, where appropriate in close co-operation with other authorities; |
| --- | --- |

(c)

ensuring the security and safety of citizens, and the environment, where appropriate in close co-operation with other authorities;

| (d) | maintaining a proper balance between customs controls and facilitation of legitimate
  trade. |
| --- | --- |

(d)

maintaining a proper balance between customs controls and facilitation of legitimate
  trade.

Article 3

Customs territory

1.   The customs territory of the Community shall comprise the following territories, including their territorial waters, internal waters and airspace:

| — | the territory of the Kingdom of Belgium; |
| --- | --- |

—

the territory of the Kingdom of Belgium;

| — | the territory of the Czech Republic; |
| --- | --- |

—

the territory of the Czech Republic;

| — | the territory of the Kingdom of Denmark, except the Faeroe Islands and Greenland; |
| --- | --- |

—

the territory of the Kingdom of Denmark, except the Faeroe Islands and Greenland;

| — | the territory of the Federal Republic of Germany, except the Island of Heligoland and the territory of Buesingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation); |
| --- | --- |

—

the territory of the Federal Republic of Germany, except the Island of Heligoland and the territory of Buesingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation);

| — | the territory of the Republic of Estonia; |
| --- | --- |

—

the territory of the Republic of Estonia;

| — | the territory of the Hellenic Republic; |
| --- | --- |

—

the territory of the Hellenic Republic;

| — | the territory of the Kingdom of Spain, except Ceuta and Melilla; |
| --- | --- |

—

the territory of the Kingdom of Spain, except Ceuta and Melilla;

| — | the territory of the French Republic, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis and Futuna Islands and French Polynesia; |
| --- | --- |

—

the territory of the French Republic, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis and Futuna Islands and French Polynesia;

| — | the territory of Ireland; |
| --- | --- |

—

the territory of Ireland;

| — | the territory of the Italian Republic, except the municipalities of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio; |
| --- | --- |

—

the territory of the Italian Republic, except the municipalities of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio;

| — | the territory of the Republic of Cyprus, in accordance with the provisions of the Act of Accession; |
| --- | --- |

—

the territory of the Republic of Cyprus, in accordance with the provisions of the Act of Accession;

| — | the territory of the Republic of Latvia; |
| --- | --- |

—

the territory of the Republic of Latvia;

| — | the territory of the Republic of Lithuania; |
| --- | --- |

—

the territory of the Republic of Lithuania;

| — | the territory of the Grand Duchy of Luxembourg; |
| --- | --- |

—

the territory of the Grand Duchy of Luxembourg;

| — | the territory of the Republic of Hungary; |
| --- | --- |

—

the territory of the Republic of Hungary;

| — | the territory of the Republic of Malta; |
| --- | --- |

—

the territory of the Republic of Malta;

| — | the territory of the Kingdom of the Netherlands in Europe; |
| --- | --- |

—

the territory of the Kingdom of the Netherlands in Europe;

| — | the territory of the Republic of Austria; |
| --- | --- |

—

the territory of the Republic of Austria;

| — | the territory of the Republic of Poland; |
| --- | --- |

—

the territory of the Republic of Poland;

| — | the territory of the Portuguese Republic; |
| --- | --- |

—

the territory of the Portuguese Republic;

| — | the territory of the Republic of Slovenia; |
| --- | --- |

—

the territory of the Republic of Slovenia;

| — | the territory of the Slovak Republic; |
| --- | --- |

—

the territory of the Slovak Republic;

| — | the territory of the Republic of Finland; |
| --- | --- |

—

the territory of the Republic of Finland;

| — | the territory of the Kingdom of Sweden; |
| --- | --- |

—

the territory of the Kingdom of Sweden;

| — | the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands and the Isle of Man. |
| --- | --- |

—

the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands and the Isle of Man.

2.   The following territories, including their territorial waters, internal waters and airspace, situated outside the territory of the Member States shall, taking the conventions and treaties applicable to them into account, be considered to be part of the customs territory of the Community:

| (a) | FRANCE
  The territory of Monaco as defined in the Customs Convention signed in Paris on 18 May 1963 (Official Journal of the French Republic of 27 September 1963, p. 8679); |
| --- | --- |

(a)

FRANCE

The territory of Monaco as defined in the Customs Convention signed in Paris on 18 May 1963 (Official Journal of the French Republic of 27 September 1963, p. 8679);

| (b) | CYPRUS
  The territory of the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia as defined in the Treaty concerning the Establishment of the Republic of Cyprus, signed in Nicosia on 16 August 1960 (United Kingdom Treaty Series No 4 (1961) Cmnd. 1252). |
| --- | --- |

(b)

CYPRUS

The territory of the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia as defined in the Treaty concerning the Establishment of the Republic of Cyprus, signed in Nicosia on 16 August 1960 (United Kingdom Treaty Series No 4 (1961) Cmnd. 1252).

3.   Certain provisions of the customs legislation may apply outside the customs territory of the Community within the framework of legislation governing specific fields or of international conventions.

Article 4

Definitions

For the purposes of the Code, the following definitions shall apply:

| (1) | ‘Customs authorities’ means the customs administrations of the Member States responsible for applying the customs legislation and any other authorities empowered under national law to apply certain customs legislation. |
| --- | --- |

(1)

‘Customs authorities’ means the customs administrations of the Member States responsible for applying the customs legislation and any other authorities empowered under national law to apply certain customs legislation.

| (2) | ‘Customs legislation’ means the body of legislation made up of the following:






  (a) | the Code and the provisions adopted at Community level and, where appropriate, at national level, to implement it; |
| --- | --- | --- |

(2)

‘Customs legislation’ means the body of legislation made up of the following:

(a)

the Code and the provisions adopted at Community level and, where appropriate, at national level, to implement it;

| (b) | the Common Customs Tariff; |
| --- | --- |

(b)

the Common Customs Tariff;

| (c) | international agreements containing customs provisions, in so far as they are applicable in the Community. |
| --- | --- |

(c)

international agreements containing customs provisions, in so far as they are applicable in the Community.

| (3) | ‘Person’ means natural persons, legal persons, and any association of persons which is not a legal person but which is recognized under Community or national law as having the capacity to perform legal acts. |
| --- | --- |

(3)

‘Person’ means natural persons, legal persons, and any association of persons which is not a legal person but which is recognized under Community or national law as having the capacity to perform legal acts.

| (4) | ‘Economic operator’ means a person who
  , in the course of his business, is involved
  in
  activities covered by
  customs
  legislation
  . |
| --- | --- |

(4)

‘Economic operator’ means a person who
  , in the course of his business, is involved
  in
  activities covered by
  customs
  legislation
  .

| (5) | ‘Customs representative’ means any person established on the territory of the EU who provides customs services to third parties. |
| --- | --- |

(5)

‘Customs representative’ means any person established on the territory of the EU who provides customs services to third parties.

| (6) | ‘Risk’ means the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer or end-use of goods moved between the customs territory of the Community and countries or territories outside that territory and to the presence of goods which do not have Community status, which would have any of the following results:






  (a) | it would prevent the correct application of Community or national measures; |
| --- | --- | --- |

(6)

‘Risk’ means the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer or end-use of goods moved between the customs territory of the Community and countries or territories outside that territory and to the presence of goods which do not have Community status, which would have any of the following results:

(a)

it would prevent the correct application of Community or national measures;

| (b) | it would compromise the financial interests of the Community and its Member States; |
| --- | --- |

(b)

it would compromise the financial interests of the Community and its Member States;

| (c) | it would pose a threat to the security and safety of the Community and its citizens, to human, animal or plant health, to the environment or to consumers. |
| --- | --- |

(c)

it would pose a threat to the security and safety of the Community and its citizens, to human, animal or plant health, to the environment or to consumers.

| (7) | ‘Customs controls’ means specific acts performed by the customs authorities pursuant to Articles 27 to 30. |
| --- | --- |

(7)

‘Customs controls’ means specific acts performed by the customs authorities pursuant to Articles 27 to 30.

| (8) | ‘Summary declaration’ means a declaration to be made before goods are brought into or out of the customs territory of the Community. |
| --- | --- |

(8)

‘Summary declaration’ means a declaration to be made before goods are brought into or out of the customs territory of the Community.

| (9) | ‘Customs declaration’ means the act whereby a person indicates in the prescribed form and manner a wish to place goods under a given customs procedure, with an indication, where appropriate, of the specific arrangement to be applied. |
| --- | --- |

(9)

‘Customs declaration’ means the act whereby a person indicates in the prescribed form and manner a wish to place goods under a given customs procedure, with an indication, where appropriate, of the specific arrangement to be applied.

| (10) | ‘Declarant’ means the person making a summary declaration or a customs declaration in his own name or the person in whose name a customs declaration is made. |
| --- | --- |

(10)

‘Declarant’ means the person making a summary declaration or a customs declaration in his own name or the person in whose name a customs declaration is made.

| (11) | ‘Customs procedure’ means any of the following procedures under which goods may be placed in accordance with this Code:






  (a) | release for free circulation; |
| --- | --- | --- |

(11)

‘Customs procedure’ means any of the following procedures under which goods may be placed in accordance with this Code:

(a)

release for free circulation;

| (b) | special procedures; |
| --- | --- |

(b)

special procedures;

| (c) | export. |
| --- | --- |

(c)

export.

| (12) | ‘Import duties’ means customs duties as laid down in the Common Customs Tariff, payable on the importation of goods. |
| --- | --- |

(12)

‘Import duties’ means customs duties as laid down in the Common Customs Tariff, payable on the importation of goods.

| (13) | ‘Export duties’ means customs duties as laid down in the Common Customs Tariff, payable on the exportation of goods. |
| --- | --- |

(13)

‘Export duties’ means customs duties as laid down in the Common Customs Tariff, payable on the exportation of goods.

| (14) | ‘Non-Community goods’ means goods other than those referred to in point (20) or which have lost their status as Community goods. |
| --- | --- |

(14)

‘Non-Community goods’ means goods other than those referred to in point (20) or which have lost their status as Community goods.

| (15) | ‘Risk management’ means the systematic identification of risk and the implementation of all measures necessary for limiting exposure to risk. |
| --- | --- |

(15)

‘Risk management’ means the systematic identification of risk and the implementation of all measures necessary for limiting exposure to risk.

| (16) | ‘Release of goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed. |
| --- | --- |

(16)

‘Release of goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed.

| (17) | ‘Customs supervision’ means action taken in general by the customs authorities with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed. |
| --- | --- |

(17)

‘Customs supervision’ means action taken in general by the customs authorities with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed.

| (18) | ‘Drawback’ means the repayment or remission of import duties on goods released for free circulation if such goods are exported from the customs territory of the Community in an unaltered state or in the form of processed products. |
| --- | --- |

(18)

‘Drawback’ means the repayment or remission of import duties on goods released for free circulation if such goods are exported from the customs territory of the Community in an unaltered state or in the form of processed products.

| (19) | ‘Processed products’ means goods placed under a processing procedure which have undergone processing operations. |
| --- | --- |

(19)

‘Processed products’ means goods placed under a processing procedure which have undergone processing operations.

| (20) | ‘Person established in the customs territory of the Community’ means:






  (a) | in the case of a natural person, any person who has his habitual residence in the customs territory of the Community; |
| --- | --- | --- |

(20)

‘Person established in the customs territory of the Community’ means:

(a)

in the case of a natural person, any person who has his habitual residence in the customs territory of the Community;

| (b) | in the case of a legal person or an association of persons, any person who has his registered office, central headquarters or a permanent business establishment in the customs territory of the Community. |
| --- | --- |

(b)

in the case of a legal person or an association of persons, any person who has his registered office, central headquarters or a permanent business establishment in the customs territory of the Community.

| (21) | ‘Customs status’ means the status of goods as Community or non-Community goods. |
| --- | --- |

(21)

‘Customs status’ means the status of goods as Community or non-Community goods.

| (22) | ‘Community goods’ means goods which fall into any of the following categories:






  (a) | goods wholly obtained in the customs territory of the Community and not incorporating goods imported from countries or territories outside of the customs territory of the Community; |
| --- | --- | --- |

(22)

‘Community goods’ means goods which fall into any of the following categories:

(a)

goods wholly obtained in the customs territory of the Community and not incorporating goods imported from countries or territories outside of the customs territory of the Community;

| (b) | goods imported from countries or territories outside of the customs territory of the Community and released for free circulation; |
| --- | --- |

(b)

goods imported from countries or territories outside of the customs territory of the Community and released for free circulation;

| (c) | goods obtained or produced in the customs territory of the Community, either solely from goods referred to in point (b) or from goods referred to in points (a) and (b). |
| --- | --- |

(c)

goods obtained or produced in the customs territory of the Community, either solely from goods referred to in point (b) or from goods referred to in points (a) and (b).

| (23) | ‘Presentation of goods to customs’ means the notification to the customs authorities of the arrival of goods at the customs office or at any other place designated or approved by the customs authorities and the availability of those goods for customs controls. |
| --- | --- |

(23)

‘Presentation of goods to customs’ means the notification to the customs authorities of the arrival of goods at the customs office or at any other place designated or approved by the customs authorities and the availability of those goods for customs controls.

| (24) | ‘Holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control of them. |
| --- | --- |

(24)

‘Holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control of them.

| (25) | ‘Holder of the procedure’ means the person who makes the declaration, or on whose behalf the customs declaration is made, or the person to whom the rights and obligations of that person in respect of a customs procedure have been transferred. |
| --- | --- |

(25)

‘Holder of the procedure’ means the person who makes the declaration, or on whose behalf the customs declaration is made, or the person to whom the rights and obligations of that person in respect of a customs procedure have been transferred.

| (26) | ‘Commercial policy measures’ means non-tariff measures established, as part of the common commercial policy, in the form of Community provisions governing the import and export of goods. |
| --- | --- |

(26)

‘Commercial policy measures’ means non-tariff measures established, as part of the common commercial policy, in the form of Community provisions governing the import and export of goods.

| (27) | ‘Processing operations’ means any of the following:






  (a) | the working of goods, including erecting or assembling them or fitting them to other goods; |
| --- | --- | --- |

(27)

‘Processing operations’ means any of the following:

(a)

the working of goods, including erecting or assembling them or fitting them to other goods;

| (b) | the processing of goods; |
| --- | --- |

(b)

the processing of goods;

| (c) | the destruction of goods; |
| --- | --- |

(c)

the destruction of goods;

| (d) | the repair of goods, including restoring them and putting them in order; |
| --- | --- |

(d)

the repair of goods, including restoring them and putting them in order;

| (e) | the use of goods which are not to be found in the processed products, but which allow or facilitate the production of those products, even if they are entirely or partially used up in the process (production accessories). |
| --- | --- |

(e)

the use of goods which are not to be found in the processed products, but which allow or facilitate the production of those products, even if they are entirely or partially used up in the process (production accessories).

| (28) | ‘Rate of yield’ means the quantity or percentage of processed products obtained from the processing of a given quantity of goods placed under a processing procedure. |
| --- | --- |

(28)

‘Rate of yield’ means the quantity or percentage of processed products obtained from the processing of a given quantity of goods placed under a processing procedure.

CHAPTER 2

RIGHTS AND OBLIGATIONS OF PERSONS WITH REGARD TO CUSTOMS LEGISLATION

Section 1

Provision of information

Article 5

Exchange of data

1.   All required exchanges of data, accompanying documents, decisions and notifications between customs authorities and between economic operators and customs authorities shall be made using electronic data processing techniques.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by means of measures
  laying down exceptions to the first subparagraph of this paragraph.

2.   Save where otherwise specifically provided, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the rules defining and governing the messages to be exchanged between customs offices, as required for the application of the customs legislation; |
| --- | --- |

(a)

the rules defining and governing the messages to be exchanged between customs offices, as required for the application of the customs legislation;

| (b) | a common data set and format of the data messages to be exchanged under the customs legislation. |
| --- | --- |

(b)

a common data set and format of the data messages to be exchanged under the customs legislation.

The data referred to in point (b) of the first subparagraph shall contain the particulars necessary for risk analysis and the proper application of customs controls, using, where appropriate, international standards and commercial practices.

The systems necessary for the electronic exchange of data between customs offices in accordance with paragraph 1 shall be in place by 30 June 2009, at the latest.

Article 6

Data protection

1.   All information acquired by the customs authorities in the course of performing their duties which is by its nature confidential or which is provided on a confidential basis shall be covered by the obligation of professional secrecy. Except for the purposes of customs controls as provided for under Article 28(2), such information shall not be disclosed by the competent authorities without the express permission of the person or authority who provided it.

Such information may, however, be disclosed without permission where the competent authorities are obliged or authorized to do so pursuant to the provisions in force, particularly in respect of data protection, or in connection with legal proceedings.

2.   Communication of confidential data to the customs administrations and other bodies of countries or territories outside the customs territory of the Community shall be permitted only in the framework of an international agreement, ensuring an equivalent level of data protection.

The disclosure or communication of information shall take place in full compliance with data protection provisions in force.

Article 7

Exchange of additional information between customs authorities and economic operators

1.   Customs authorities and economic operators may exchange any information not specifically required under the customs legislation, for the purpose of mutual co-operation in the identification and counteraction of risk. That exchange may take place under a written agreement and may include access to the computer systems of economic operators by the customs authorities.

2.   Any information provided by one party to the other in the course of the co-operation referred to in paragraph 1 shall be confidential unless both parties agree otherwise.

Article 8

Provision of information by the customs authorities

1.   Any person may request information concerning the application of customs legislation from the customs authorities. Such a request may be refused where it does not relate to an import or export operation actually envisaged.

2.   Customs administrations shall maintain a regular dialogue with economic operators and other authorities involved in international trade in goods. They shall promote transparency by making the legislation, administrative rulings and application forms pertaining to international trade in goods available to economic operators free of charge and, wherever practical, through the Internet.

Article 9

Provision of information to the customs authorities

1.   Any person directly or indirectly involved in the accomplishment of customs formalities shall provide the customs authorities with all the requisite documents and information, irrespective of the medium used, and all the requisite assistance, at the request of the customs authorities and within any time limit specified.

2.   Without prejudice to the possible application
  of penalties
  , the lodging of a summary declaration or customs declaration, including a simplified declaration, or notification, or the submission of an application for an authorization or any other decision, shall render the person concerned responsible for the following:

| (a) | the accuracy of the information given in the declaration, notification or application, or in any other relevant form; |
| --- | --- |

(a)

the accuracy of the information given in the declaration, notification or application, or in any other relevant form;

| (b) | the authenticity of any documents lodged or made available; |
| --- | --- |

(b)

the authenticity of any documents lodged or made available;

| (c) | where applicable, compliance with all of the obligations relating to the placing of the goods in question under the procedure concerned, or to the conduct of the authorized operations. |
| --- | --- |

(c)

where applicable, compliance with all of the obligations relating to the placing of the goods in question under the procedure concerned, or to the conduct of the authorized operations.

The first subparagraph shall apply also to the provision of any information required by the customs authorities.

Where the declaration or notification is lodged, the application is submitted or requested information is provided by a representative of the person concerned, the representative shall also be bound by the obligations set out in first subparagraph.

Article 10

Common data system

Member States shall co-operate with the Commission with a view to developing, maintaining and employing an electronic system for the common registration and maintenance of records of the following:

| (a) | all persons directly or indirectly involved in the accomplishment of customs formalities; |
| --- | --- |

(a)

all persons directly or indirectly involved in the accomplishment of customs formalities;

| (b) | any authorization concerning a customs procedure or the status of Authorized Economic Operator. |
| --- | --- |

(b)

any authorization concerning a customs procedure or the status of Authorized Economic Operator.

The data shall be accessible to the customs administrations of the Member States in the course of their duties and, in accordance with the rules referred to in the third paragraph, to economic operators.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the standard form and content of the data to be registered and the rules for access to that data.

Section 2

Customs representation

Article 11

Customs representative

1.   Any person may appoint a representative in his dealings with the customs authorities to perform the acts and formalities laid down in the customs legislation, hereinafter a ‘customs representative’.

Such customs representation may be either direct, in which case the customs representative shall act in the name of and on behalf of another person, or indirect, in which case the customs representative shall act in his own name but on behalf of another person.

2.   A customs representative must be established within the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the conditions under which the requirement referred to in the first subparagraph of this paragraph may be waived.

3.
     
  The status of customs representative shall be subject to the following criteria:

| — | it shall be open to all persons making application for the status, |
| --- | --- |

—

it shall be open to all persons making application for the status,

| — | it shall be managed by a government body in the Member State, |
| --- | --- |

—

it shall be managed by a government body in the Member State,

| — | it shall be recognized in all Member States when it has been registered in the Member State of application, |
| --- | --- |

—

it shall be recognized in all Member States when it has been registered in the Member State of application,

| — | it shall be subject to practical standards of competent or professional qualifications directly linked to the activity carried out. |
| --- | --- |

—

it shall be subject to practical standards of competent or professional qualifications directly linked to the activity carried out.

There shall be no numeric limit on the number of customs representatives in the EU.

A person with the status of customs representative and with the status of authorised economic operator shall be able to benefit from all simplifications.

4.
     
  Without prejudice to the provisions of paragraph 3, any person pursuing a commercial activity shall be authorised to address the customs authorities, without being obliged to be represented by a customs representative.

Article 12

Empowerment

1.   When dealing with the customs authorities, a customs representative shall state that he is acting on behalf of the person represented and specify whether the customs representation is direct or indirect.

A person who fails to state that he is acting in the name of or on behalf of another person or who states that he is acting in the name of or on behalf of another person without being empowered to do so shall be deemed to be acting in his own name and on his own behalf.

2.   The customs authorities may require any person stating that he is acting in the name of or on behalf of another person to produce evidence of his powers to act as a customs representative, except where a person belongs to a category of persons entitled to act on behalf of another person.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures identifying the categories of persons referred to in the first subparagraph of this paragraph.

Article 13

Customs representation and authorised economic operator status

1.   Where a person acts as a customs representative on a regular and commercial basis, he may be granted the status of ‘authorized economic operator’ in accordance with Article 14.

2.   A customs representative may act as a fiscal representative, as provided for under value added tax, hereinafter ‘VAT’, and excise provisions in force.

Section 3

Authorized Economic Operator

Article 14

Application and authorization

1.   A person who is established in the customs territory of the Community and who meets the conditions set out in Articles 15 and 16 may request the status of authorized economic operator.

The customs authorities shall, if necessary following consultation with other competent authorities, grant that status, which shall be subject to periodic review.

2.   
  The status of
  authorized economic operator
  covers two types of authorisation: that of ‘customs simplification’ authorised economic operator and that of ‘security and safety’ authorised economic operator.

The first authorisation enables economic operators to benefit from certain simplifications in accordance with this Code or its implementing provisions. Under the second authorisation the holder thereof is entitled to facilitations relating to security and safety.

Both authorisations may be held at the same time.

3.   The status of authorized economic operator shall, subject to Articles 15 and 16, be recognized by the customs authorities in all Member States, without prejudice to customs
  controls
  .

4.   Customs authorities shall, on the basis of the recognition of the status of authorized economic operator and provided that the requirements related to a specific type of simplification provided for in Community customs legislation are fulfilled, authorize the operator to benefit from that simplification.

5.   The status of authorized economic operator may be suspended or withdrawn in accordance with the conditions laid down pursuant to point (h) of Article 16.

6.   The authorized economic operator shall notify the customs authorities of all factors arising after that status was granted which may influence its continuation or content.

Article 15

Granting of status

The criteria for the granting of the status of authorized economic operator shall be at least the following:

| (a) | an appropriate record of compliance with customs
  and fiscal
  requirements; |
| --- | --- |

(a)

an appropriate record of compliance with customs
  and fiscal
  requirements;

| (b) | a satisfactory system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls; |
| --- | --- |

(b)

a satisfactory system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;

| (c) | where appropriate, proven financial solvency; |
| --- | --- |

(c)

where appropriate, proven financial solvency;

| (d) | pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of the simplifications provided for in accordance with this Code or its implementing provisions
  , practical standards of competence or professional qualifications directly related to the activity carried out; |
| --- | --- |

(d)

pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of the simplifications provided for in accordance with this Code or its implementing provisions
  , practical standards of competence or professional qualifications directly related to the activity carried out;

| (e) | pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of facilitations with regard to customs checks relating to security and safety
  , appropriate security and safety standards. |
| --- | --- |

(e)

pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of facilitations with regard to customs checks relating to security and safety
  , appropriate security and safety standards.

Article 16

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the following matters:

| (a) | the granting of the status of authorized economic operator; |
| --- | --- |

(a)

the granting of the status of authorized economic operator;

| (b) | the frequency of review of the status of authorized economic operator; |
| --- | --- |

(b)

the frequency of review of the status of authorized economic operator;

| (c) | the granting of authorizations for the use of simplifications; |
| --- | --- |

(c)

the granting of authorizations for the use of simplifications;

| (d) | identification of the customs authority competent for the granting of such status and authorizations; |
| --- | --- |

(d)

identification of the customs authority competent for the granting of such status and authorizations;

| (e) | the type and extent of facilitations that may be granted in respect of customs controls relating to security and
  safety
  ; |
| --- | --- |

(e)

the type and extent of facilitations that may be granted in respect of customs controls relating to security and
  safety
  ;

| (f) | consultation with and provision of information to other customs authorities; |
| --- | --- |

(f)

consultation with and provision of information to other customs authorities;

| (g) | the conditions under which a request made by the applicant for an authorization may be limited to one or more Member States; |
| --- | --- |

(g)

the conditions under which a request made by the applicant for an authorization may be limited to one or more Member States;

| (h) | the conditions under which the status of authorized economic operator may be suspended or revoked; |
| --- | --- |

(h)

the conditions under which the status of authorized economic operator may be suspended or revoked;

| (i) | the conditions under which the requirement of being established in the Community may be waived for specific categories of authorized economic operators, taking into account, in particular, international agreements. |
| --- | --- |

(i)

the conditions under which the requirement of being established in the Community may be waived for specific categories of authorized economic operators, taking into account, in particular, international agreements.

Section 4

Decisions relating to the application of customs legislation

Article 17

General provisions

1.   Where a person requests that the customs authorities take a decision, that person shall supply all the information required by those authorities in order for them to be able to take that decision.

A decision may also be requested by, and taken with regard to, several persons.

2.   A decision as referred to in paragraph 1 shall be taken, and the applicant notified, at the latest within two months of the date on which the request is received by the customs authorities, except where otherwise provided for in the customs legislation.

However, where the customs authorities are unable to comply with those time limits, they shall inform the applicant of that fact before the expiry of those time limits, stating the reasons and indicating the further period of time which they consider necessary in order to give a decision on the request.

3.   Unless otherwise specified in the decision or in the customs legislation, the decision shall take effect from the date on which the applicant receives the decision, or is deemed to have received it. Except in the cases provided for in Article 25(2), decisions adopted shall be enforceable by the customs authorities from that date.

4.   Before taking a decision which would adversely affect the person or persons to whom it is addressed, the customs authorities shall communicate their objections to the latter, stating the grounds on which they base those objections. The person concerned shall be given the opportunity to express his point of view, within a period from the date on which the objections were sent.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the period referred to in the first subparagraph of this paragraph.

Upon expiry of this period, the person concerned shall be notified, in the appropriate form, of the decision, which shall set out the grounds on which it is based.

The requirement to communicate objections before a decision is taken which would adversely affect the person to whom it is addressed, shall also apply to decisions taken by the customs authorities without prior request from the person concerned and in particular to the notification of a customs debt as set out in Article 72(3).

The decision shall refer to the right of appeal provided for in Article 24.

5.   Without prejudice to provisions laid down in other fields which specify the cases in which, and the conditions under which, decisions are invalid or become null and void, the customs authorities who issued a decision may annul, amend or revoke it where it does not conform with the customs legislation or with guidelines or explanatory notes for its interpretation.

Article 18

Community-wide validity of decisions

Unless otherwise requested or specified, decisions taken by the customs authorities shall be valid throughout the customs territory of the Community.

Article 19

Annulment of favourable decisions

1.   The customs authorities shall annul a decision favourable to the person to whom it is addressed if all the following conditions are satisfied:

| (a) | the decision was issued on the basis of incorrect or incomplete information; |
| --- | --- |

(a)

the decision was issued on the basis of incorrect or incomplete information;

| (b) | the applicant knew or ought reasonably to have known that the information was incorrect or incomplete; |
| --- | --- |

(b)

the applicant knew or ought reasonably to have known that the information was incorrect or incomplete;

| (c) | if the information had been correct and complete, the decision would have been different. |
| --- | --- |

(c)

if the information had been correct and complete, the decision would have been different.

2.   The person to whom the decision was addressed shall be notified of its annulment.

3.   Annulment shall take effect from the date on which the initial decision took effect, unless otherwise specified.

4.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1, 2 and 3 of this Article, in particular in respect of decisions addressed to several persons.

Article 20

Revocation and amendment of favourable decisions

1.   A favourable decision shall be revoked or amended where, in cases other than those referred to in Article 19, one or more of the conditions laid down for its issue were not or are no longer fulfilled.

2.   Unless otherwise specified in the customs legislation, a favourable decision addressed to several persons may be revoked only in respect of a person who fails to fulfil an obligation imposed under that decision.

3.   The person to whom the decision was addressed shall be notified of its revocation or amendment.

4.   The revocation or amendment of the decision shall take effect from the date on which the notification of the revocation or amendment is received, or is deemed to have been received, by the person to whom it was addressed.

However, in exceptional cases where the legitimate interests of the person to whom the decision was addressed so require, the customs authorities may defer the date on which revocation or amendment takes effect.

5.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 to 4 of this Article, in particular in respect of decisions addressed to several persons.

Article 21

Special decisions

1.   The customs authorities shall, on request, issue decisions specifying binding tariff information, hereinafter ‘BTI decisions’, or decisions specifying binding origin information, hereinafter ‘BOI decisions’.

Such a request may be refused where it does not relate to any customs procedure actually envisaged.

2.   BTI or BOI decisions shall be binding only in respect of the tariff classification or determination of the origin of goods.

They shall be binding on the customs authorities, as against the person to whom the decision was addressed, only in respect of goods for which customs formalities are completed after the date of the decision.

They shall be binding on the person addressed, as against the customs authorities, only with effect from the date on which he receives, or is deemed to have received, notification of the decision.

3.   BTI or BOI decisions shall be valid for a period of three years from the date specified in the decision.

4.   For the application of a BTI or BOI decision in the context of a particular customs procedure, the person to whom that decision is addressed must be able to prove that:

| (a) | in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision; |
| --- | --- |

(a)

in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision;

| (b) | in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision. |
| --- | --- |

(b)

in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision.

5.   By way of derogation from Article 17(5) and Article 19, BTI or BOI decisions shall be annulled where they are based on inaccurate or incomplete information from the applicants.

6.   BTI or BOI decisions shall be revoked in accordance with Article 17(5) and Article 20.

They may not be amended.

7.   Notwithstanding Article 20, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the conditions under which, and the moment when, the BTI or BOI decision ceases to be valid; |
| --- | --- |

(a)

the conditions under which, and the moment when, the BTI or BOI decision ceases to be valid;

| (b) | the conditions under which, and the period of time for which, a decision as referred to in point (a) may still be used in respect of binding contracts based upon the decision and concluded before the expiry of its validity. |
| --- | --- |

(b)

the conditions under which, and the period of time for which, a decision as referred to in point (a) may still be used in respect of binding contracts based upon the decision and concluded before the expiry of its validity.

8.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions under which other special decisions are to be issued.

Section 5

Customs penalties

Article 22

Customs penalties

1.   Each Member State shall provide
  for penalties
  for failure to comply with Community customs legislation. Such penalties shall be effective, proportionate and dissuasive.

2.   Administrative penalties shall take one of the following forms, or both:

| (a) | a pecuniary charge by the customs authorities, including a settlement applied in place of and in lieu of a criminal penalty; |
| --- | --- |

(a)

a pecuniary charge by the customs authorities, including a settlement applied in place of and in lieu of a criminal penalty;

| (b) | the withdrawal, suspension or amendment of any authorization held by the person concerned. |
| --- | --- |

(b)

the withdrawal, suspension or amendment of any authorization held by the person concerned.

Where administrative penalties are combined with criminal penalties, on the basis of the same facts, aggregation of such penalties shall be proportionate.

Section 6

Appeals

Article 23

Decisions taken by a judicial authority

Articles 24, 25 and 26 shall not apply to appeals lodged with a view to the annulment, revocation or amendment of a decision taken by a judicial authority.

Article 24

Right of appeal

1.   Any person shall have the right to appeal against any decision taken by the customs authorities which concerns him directly and individually.

Any person who has applied to the customs authorities for a decision and has not obtained a decision on that request within the time limits referred to in Article 17(2) shall also be entitled to exercise the right of appeal.

2.   The right of appeal may be exercised in at least two steps:

| (a) | initially, before the customs authorities or another body which may be a judicial authority or an equivalent specialized body designated for that purpose by the Member States; |
| --- | --- |

(a)

initially, before the customs authorities or another body which may be a judicial authority or an equivalent specialized body designated for that purpose by the Member States;

| (b) | subsequently, before a higher independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States. |
| --- | --- |

(b)

subsequently, before a higher independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States.

3.   The appeal must be lodged in electronic or written form in the Member State where the decision has been taken or applied for.

Article 25

Suspension of implementation

1.   The submission of an appeal shall not cause implementation of the disputed decision to be suspended.

2.   By way of derogation from paragraph 1, where irreparable damage may be caused to the person who lodged the appeal, the customs authorities shall suspend implementation of the disputed decision, in whole or in part.

The customs authorities may suspend implementation of the disputed decision, in whole or in part, where they have good reason to suspect that it is inconsistent with the customs legislation.

3.   Where the disputed decision has the effect of causing import duties or export duties to be payable, suspension of that decision shall be conditional upon the provision of a guarantee, unless such a guarantee would be likely to cause the debtor serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first subparagraph of this paragraph.

Article 26

Decision on the appeal

Article 17 shall apply with regard to decisions by the customs authorities on appeals.

Member States shall ensure that the appeals procedure enables the prompt correction of decisions taken by the customs authorities.

Section 7

Control of goods

Article 27

Customs controls

1.   The customs authorities may carry out all of the controls they deem necessary to ensure the correct application of customs legislation and other legislation governing the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and other territories, and the presence of non-Community goods.

Those controls, hereinafter ‘customs controls’, may consist in examining goods, verifying declaration data and the existence and authenticity of electronic or written documents, examining the accounts of undertakings and other records, inspecting means of transport, inspecting luggage and other goods carried by or on persons.

Customs controls may be carried out outside the customs territory of the Community where an international agreement provides for this.

2.   Customs controls,
  including
  random checks, shall be based on risk analysis using electronic data processing techniques, with the purpose of identifying and evaluating the risks and developing the necessary measures to counter the risks, on the basis of criteria developed at national, Community and, where available, international level.

Member States, in co-operation with the Commission, shall develop, maintain and employ an electronic system for the implementation of risk management, by 30 June 2009 at the latest.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | rules for a common risk management framework; |
| --- | --- |

(a)

rules for a common risk management framework;

| (b) | rules for establishing common criteria and priority control areas; |
| --- | --- |

(b)

rules for establishing common criteria and priority control areas;

| (c) | rules governing the exchange of risk information and analysis between customs administrations. |
| --- | --- |

(c)

rules governing the exchange of risk information and analysis between customs administrations.

Article 28

Co-operation between authorities

1.   Where, in respect of the same goods, controls other than customs controls are performed by competent authorities other than the customs authorities, such controls shall be performed in close co-operation with the customs authorities, wherever possible at the same time and place (one-stop-shop).

2.   In the framework of the controls referred to in this Section, customs and other competent authorities may, where necessary for the purposes of minimising risk, exchange data received, in the context of the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and other territories, and the presence of non-Community goods, with each other, with the customs authorities of other Member States and with the Commission.

Article 29

Post-release verification

The customs authorities may, after releasing the goods and in order to satisfy themselves as to the accuracy of the particulars contained in the summary or customs declaration, inspect the commercial documents and data relating to the operations in respect of the goods in question or to subsequent commercial operations involving those goods.

Such inspections may be carried out at the premises of the declarant or his representative, of any other person directly or indirectly involved in those operations in a business capacity or of any other person in possession of that document and data for business purposes. Those authorities may also examine the goods where it is still possible for them to be presented.

Article 30

Exceptions

1.   No customs controls or formalities shall be carried out in respect of either of the following:

| (a) | the cabin and hold baggage of persons taking an intra-Community flight; |
| --- | --- |

(a)

the cabin and hold baggage of persons taking an intra-Community flight;

| (b) | the baggage of persons making an intra-Community sea crossing. |
| --- | --- |

(b)

the baggage of persons making an intra-Community sea crossing.

2.   Paragraph 1 shall apply without prejudice to either of the following:

| (a) | the security and safety checks carried out on baggage by the authorities of the Member States, port or airport authorities or carriers; |
| --- | --- |

(a)

the security and safety checks carried out on baggage by the authorities of the Member States, port or airport authorities or carriers;

| (b) | checks linked to prohibitions or restrictions laid down by the Member States, provided that such prohibitions or restrictions are compatible with the Treaty. |
| --- | --- |

(b)

checks linked to prohibitions or restrictions laid down by the Member States, provided that such prohibitions or restrictions are compatible with the Treaty.

Section 8

Keeping of documents and other information; fees and costs

Article 31

Keeping of documents and other information

1.   The person concerned shall keep the documents and information referred to in Article 9(1) for the purposes of customs controls, for the period laid down in the provisions in force and for at least three calendar years, irrespective of the medium used.

In the case of goods released for free circulation in circumstances other than those referred to in the third subparagraph, or goods declared for export, that period shall run from the end of the year in which the declarations for release for free circulation or export are accepted.

In the case of goods released for free circulation duty-free or at a reduced rate of import duty on account of their end-use, that period shall run from the end of the year in which they cease to be subject to customs supervision.

In the case of goods placed under another customs procedure, that period shall run from the end of the year in which the customs procedure concerned has ended.

2.   Without prejudice to Article 73(4), where a customs control carried out by the customs authorities in respect of a customs debt shows that the relevant entry in the accounts has to be corrected and the person concerned has been notified of this, the documents shall be kept for three years beyond the time limit provided for in paragraph 1 of this Article.

Where an appeal has been lodged, the documents must be kept until the procedure is terminated.

Article 32

Fees and costs

1.   No fees shall be charged by customs authorities for the performance of customs
  controls
  .

However, the customs authorities may charge fees or recover costs where specific services are rendered
  or in respect of any other application of the customs legislation
  .

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the second subparagraph of paragraph 1 and, in particular, the following:

| (a) | attendance, where requested, by customs
  staff at
  premises other than customs premises; |
| --- | --- |

(a)

attendance, where requested, by customs
  staff at
  premises other than customs premises;

| (b) | analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions taken pursuant to Article 21 or the provision of information in accordance with Article 8(1); |
| --- | --- |

(b)

analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions taken pursuant to Article 21 or the provision of information in accordance with Article 8(1);

| (c) | the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than that of using customs staff are involved; |
| --- | --- |

(c)

the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than that of using customs staff are involved;

| (d) | exceptional control measures, where these are necessary due to the nature of the goods or to potential risk. |
| --- | --- |

(d)

exceptional control measures, where these are necessary due to the nature of the goods or to potential risk.

CHAPTER 3

CURRENCY CONVERSION, TIME LIMITS AND SIMPLIFICATION

Article 33

Currency conversion

1.   Where the conversion of currency is necessary for one of the following reasons, the rate of exchange applicable shall be that published, or made available on the Internet, by the competent authorities:

| (a) | because factors used to determine the customs value of goods are expressed in a currency other than that of the Member State where the customs value is determined; |
| --- | --- |

(a)

because factors used to determine the customs value of goods are expressed in a currency other than that of the Member State where the customs value is determined;

| (b) | because the value of the euro is required in national currencies for the purposes of determining the tariff classification of goods, value thresholds and the amount of import or export duties. |
| --- | --- |

(b)

because the value of the euro is required in national currencies for the purposes of determining the tariff classification of goods, value thresholds and the amount of import or export duties.

The rate of exchange shall reflect, as effectively as possible, the current value of the converted currency in terms of the currency of the Member State.

2.   Where the conversion of currency is necessary for reasons other than those referred to in paragraph 1, the value of the euro in national currencies to be applied within the framework of the customs legislation shall be fixed once a year.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

Article 34

Time limits

1.   Where a period, date or time limit is laid down in the customs legislation, such period shall not be extended and such date or time limit shall not be deferred unless specific provision is made in the provisions concerned.

2.   The rules applicable to periods, dates and time limits set out in Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits
   (14) shall apply to time limits set within the customs legislation, except where other specific provisions apply.

Article 35

Simplification

1.
     The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down in which cases, and under which conditions, the application of this Code may be simplified.

2.
     
  Simplified procedures to be defined in accordance with the procedure referred to in Article 194(3) shall be applied to Community goods moving between a national territory referred to in Article 3(3) of Directive 77/388/EEC and another part of the Community customs territory.

3.
     
  Subject to approval by the Commission acting in accordance with the procedure referred to in Article 194(3), a Member State may apply simplified procedures to Community goods as referred to in paragraph 2 and moving exclusively within its territory, and correspondingly two or more Member States may mutually agree upon simplified procedures to be applied to such goods moving between them.

TITLE II

FACTORS ON THE BASIS OF WHICH IMPORT OR EXPORT DUTIES AND OTHER MEASURES IN RESPECT OF TRADE IN GOODS ARE APPLIED

CHAPTER 1

COMMON CUSTOMS TARIFF AND TARIFF CLASSIFICATION OF GOODS

Article 36

Common Customs Tariff

1.   Import and export duties shall be based on the Common Customs Tariff.

Other measures prescribed by Community provisions governing specific fields relating to trade in goods shall, where appropriate, be applied according to the tariff classification of those goods.

2.   The Common Customs Tariff shall comprise the following:

| (a) | the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff
   (15); |
| --- | --- |

(a)

the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff
   (15);

| (b) | any other nomenclature which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, and which is established by Community provisions governing specific fields with a view to the application of tariff measures relating to trade in goods; |
| --- | --- |

(b)

any other nomenclature which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, and which is established by Community provisions governing specific fields with a view to the application of tariff measures relating to trade in goods;

| (c) | the conventional or normal autonomous import duties applicable to goods covered by the Combined Nomenclature; |
| --- | --- |

(c)

the conventional or normal autonomous import duties applicable to goods covered by the Combined Nomenclature;

| (d) | the preferential tariff measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories; |
| --- | --- |

(d)

the preferential tariff measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories;

| (e) | preferential tariff measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories; |
| --- | --- |

(e)

preferential tariff measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories;

| (f) | autonomous measures providing for a reduction in or exemption from import duties on certain goods; |
| --- | --- |

(f)

autonomous measures providing for a reduction in or exemption from import duties on certain goods;

| (g) | favourable tariff treatment specified for certain goods, by reason of their nature or end-use, in the framework of measures referred to under points (c) to (f) or (h); |
| --- | --- |

(g)

favourable tariff treatment specified for certain goods, by reason of their nature or end-use, in the framework of measures referred to under points (c) to (f) or (h);

| (h) | other tariff measures provided for by agricultural, or commercial, or other Community legislation. |
| --- | --- |

(h)

other tariff measures provided for by agricultural, or commercial, or other Community legislation.

3.   Where the goods concerned fulfil the conditions laid down in points (d) to (g) of paragraph 2, the measures referred to in those provisions shall apply, at the request of the declarant, instead of those provided for in point (c) of that paragraph. Such application may be made retrospectively, provided that the time limits and conditions laid down in the relevant measure or in the Code are complied with.

4.   Where application of the measures referred to in points (d) to (g) of paragraph 2, or the exemption from measures referred to in point (h) thereof, is restricted to a certain volume of imports or exports, such application or exemption shall, in the case of tariff quotas, cease as soon as the specified volume of imports or exports is reached.

In the case of tariff ceilings such application shall cease by virtue of a legal act of the Community.

Article 37

Tariff classification of goods

For the application of the Common Customs Tariff, ‘tariff classification’ of goods shall consist in the determination of one of the subheadings or further subdivisions of the Combined Nomenclature under which those goods are to be classified.

For the application of non-tariff measures, ‘tariff classification’ of goods shall consist in the determination of one of the subheadings or further subdivisions of the Combined Nomenclature, or of any other nomenclature which is established by Community provisions and which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, under which those goods are to be classified.

The subheading or further subdivision determined in accordance with the first or the second paragraph shall be used for the purpose of applying the measures attached to that subheading.

CHAPTER 2

ORIGIN OF GOODS

Section 1

Non-preferential origin

Article 38

Scope

Articles 39, 40 and 41 lay down rules for the determination of the non-preferential origin of goods for the purposes of applying the following:

| (a) | the Common Customs Tariff with the exception of the measures referred to in points (d) and (e) of Article 36(2); |
| --- | --- |

(a)

the Common Customs Tariff with the exception of the measures referred to in points (d) and (e) of Article 36(2);

| (b) | measures, other than tariff measures, established by Community provisions governing specific fields relating to trade in goods; |
| --- | --- |

(b)

measures, other than tariff measures, established by Community provisions governing specific fields relating to trade in goods;

| (c) | other Community measures relating to the origin of goods. |
| --- | --- |

(c)

other Community measures relating to the origin of goods.

Article 39

Acquisition of origin

1.   Goods wholly obtained in a single country or territory shall be regarded as having their origin in that country or territory.

2.   Goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation.

Article 40

Proof of origin

1.   Where an origin has been indicated in the customs declaration pursuant to customs legislation, the customs authorities may require the declarant to prove the origin of the goods.

2.   Where proof of origin of goods is provided pursuant to customs legislation or other Community legislation governing specific fields, the customs authorities may, in the event of reasonable doubt, require any additional evidence to ensure that the indication of origin does comply with the rules laid down by the relevant Community legislation.

3.   A document proving origin may be issued in the Community where the exigencies of trade so require.

Article 41

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of Articles 39 and 40.

Section 2

Preferential origin

Article 42

Preferential origin of goods

1.   In order to benefit from the measures referred to in points (d) or (e) of Article 36(2) or from non-tariff preferential measures, goods shall comply with the rules on preferential origin referred to in paragraphs 2, 3 and 4 of this Article.

2.   In the case of goods benefiting from preferential measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories, the rules on preferential origin shall be laid down in those agreements.

3.   In the case of goods benefiting from preferential measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories, other than those referred to in paragraph 5, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules on preferential origin.

4.   In the case of goods benefiting from preferential measures applicable in trade between the customs territory of the Community and Ceuta and Melilla, contained in Protocol 2 to the Act of Accession of Spain and Portugal, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules on preferential origin.

5.   In the case of goods benefiting from preferential measures contained in preferential arrangements in favour of the overseas countries and territories associated with the Community, the rules on preferential origin shall be adopted in accordance with Article 187 of the Treaty.

6.
     
  When negotiating on behalf of the Community the agreements referred to in paragraph 2, or when submitting a proposal with a view to laying down, by a regulation adopted under Article 251 or under Article 187 of the Treaty, the rules referred to in paragraphs 3, 4 and 5, the Commission shall take account in particular of the following:

| (a) | the commitments and obligations accepted in relation to international agreements; |
| --- | --- |

(a)

the commitments and obligations accepted in relation to international agreements;

| (b) | the need to define criteria relating to the origin status of products which are tailored to the features of each product, ensuring that the economic benefit of the preferential measures is reserved for countries, territories or groups of countries or territories in respect of which these measures were agreed or adopted; |
| --- | --- |

(b)

the need to define criteria relating to the origin status of products which are tailored to the features of each product, ensuring that the economic benefit of the preferential measures is reserved for countries, territories or groups of countries or territories in respect of which these measures were agreed or adopted;

| (c) | the level of development and degree of industrialisation of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted; |
| --- | --- |

(c)

the level of development and degree of industrialisation of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted;

| (d) | the regional integration objectives underlying some of the preferential systems in question, by the laying down of appropriate cumulation rules; |
| --- | --- |

(d)

the regional integration objectives underlying some of the preferential systems in question, by the laying down of appropriate cumulation rules;

| (e) | the need to lay down rules which are simple to understand and to apply, so that the operators of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted may use those preferential measures effectively, and which must be compatible with the aim of facilitating trade. |
| --- | --- |

(e)

the need to lay down rules which are simple to understand and to apply, so that the operators of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted may use those preferential measures effectively, and which must be compatible with the aim of facilitating trade.

The Commission shall make provision for appropriate monitoring measures, to prevent or punish any abuse or circumvention of the preferential measures.

7.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures necessary for the implementation of the rules referred to in paragraphs 2 to 5 of this Article.

CHAPTER 3

VALUE OF GOODS FOR CUSTOMS PURPOSES

Article 43

Scope

The customs value of goods, for the purposes of applying the Common Customs Tariff and non-tariff measures laid down by Community provisions governing specific fields relating to trade in goods, shall be determined in accordance with Articles 44 to 47.

Article 44

Transaction value

1.   The customs value of imported goods shall be the price actually paid or payable for the goods when sold for export to the customs territory of the Community, adjusted, where necessary, in accordance with measures adopted pursuant to paragraph 4, hereinafter ‘transaction value’.

The price actually paid or payable is the total payment made or to be made by the buyer to or for the benefit of the seller for the imported goods and includes all payments made or to be made as a condition of sale of the imported goods by the buyer to the seller, or by the buyer to a third party to satisfy an obligation of the seller. The payment need not necessarily take the form of a transfer of money. Payment may be made by way of letters of credit or negotiable instrument and may be made directly or indirectly.

2.   The transaction value shall apply provided that the following conditions are satisfied:

| (a) | there are no restrictions as to the disposal or use of the goods by the buyer, other than the following:






  (i) | restrictions imposed or required by a law or by the public authorities in the Community; |
| --- | --- | --- |

(a)

there are no restrictions as to the disposal or use of the goods by the buyer, other than the following:

(i)

restrictions imposed or required by a law or by the public authorities in the Community;

| (ii) | limitations of the geographical area in which the goods may be resold; |
| --- | --- |

(ii)

limitations of the geographical area in which the goods may be resold;

| (iii) | restrictions which do not substantially affect the value of the goods; |
| --- | --- |

(iii)

restrictions which do not substantially affect the value of the goods;

| (b) | the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued; |
| --- | --- |

(b)

the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued;

| (c) | no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with measures adopted pursuant to paragraph 4; |
| --- | --- |

(c)

no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with measures adopted pursuant to paragraph 4;

| (d) | the buyer and seller are not related, or, where the buyer and seller are related, the transaction value is acceptable for customs purposes under paragraph 3. |
| --- | --- |

(d)

the buyer and seller are not related, or, where the buyer and seller are related, the transaction value is acceptable for customs purposes under paragraph 3.

3.   For the purposes of point (d) of paragraph 2, the fact that the buyer and the seller are related shall not in itself be sufficient grounds for regarding the transaction value as unacceptable. The circumstances surrounding the sale shall, where necessary, be examined and the transaction value shall be accepted provided that the relationship did not influence the price.

If, in the light of information provided by the declarant or otherwise, the customs authorities have grounds for considering that the relationship influenced the price, they shall notify the declarant of their grounds and he shall be given a reasonable opportunity to respond.

4.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the elements which, for the purposes of determining the customs value, must be added to the price actually paid or payable, or which may be excluded.

Article 45

Secondary methods of customs valuation

1.   Where the customs value cannot be determined under Article 44, it shall be determined by proceeding sequentially from point (a) to point (d) of paragraph 2 of this Article, until the first point under which the customs value can be determined.

The order of application of points (c) and (d) shall be reversed if the declarant so requests.

2.   The customs value, pursuant to paragraph 1, shall be:

| (a) | the transaction value of identical goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; |
| --- | --- |

(a)

the transaction value of identical goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued;

| (b) | the transaction value of similar goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; |
| --- | --- |

(b)

the transaction value of similar goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued;

| (c) | the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory of the Community in the greatest aggregate quantity to persons not related to the sellers; |
| --- | --- |

(c)

the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory of the Community in the greatest aggregate quantity to persons not related to the sellers;

| (d) | the computed value, consisting of the sum of the following:






  (i) | the cost or value of materials and manufacture or other processing employed in producing the imported goods; |
| --- | --- | --- |

(d)

the computed value, consisting of the sum of the following:

(i)

the cost or value of materials and manufacture or other processing employed in producing the imported goods;

| (ii) | an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the customs territory of the Community; |
| --- | --- |

(ii)

an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the customs territory of the Community;

| (iii) | the cost or value of transport of the imported goods to the place of introduction into the customs territory of the Community, of loading and handling charges associated with that transport and of insurance of the goods. |
| --- | --- |

(iii)

the cost or value of transport of the imported goods to the place of introduction into the customs territory of the Community, of loading and handling charges associated with that transport and of insurance of the goods.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down any further conditions and rules for the application of paragraph 2 of this Article.

Article 46

Fall back method

Where the customs value of imported goods cannot be determined under Articles 44 or 45, it shall be determined, on the basis of data available in the customs territory of the Community, using reasonable means consistent with the principles and general provisions of the following:

| (a) | the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade; |
| --- | --- |

(a)

the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade;

| (b) | Article VII of the General Agreement on Tariffs and Trade; |
| --- | --- |

(b)

Article VII of the General Agreement on Tariffs and Trade;

| (c) | this Chapter. |
| --- | --- |

(c)

this Chapter.

However, none of the following may be used to determine a customs value under the first paragraph:

| (a) | the selling price in the customs territory of the Community of goods produced in that territory; |
| --- | --- |

(a)

the selling price in the customs territory of the Community of goods produced in that territory;

| (b) | a system which provides for the acceptance for customs purposes of the higher of two alternative values; |
| --- | --- |

(b)

a system which provides for the acceptance for customs purposes of the higher of two alternative values;

| (c) | the price of goods on the domestic market of the country of exportation; |
| --- | --- |

(c)

the price of goods on the domestic market of the country of exportation;

| (d) | the cost of production, other than computed values which have been determined for identical or similar goods in accordance with point (d) of Article 45(2); |
| --- | --- |

(d)

the cost of production, other than computed values which have been determined for identical or similar goods in accordance with point (d) of Article 45(2);

| (e) | prices for export to a country not forming part of the customs territory of the Community; |
| --- | --- |

(e)

prices for export to a country not forming part of the customs territory of the Community;

| (f) | minimum customs values; |
| --- | --- |

(f)

minimum customs values;

| (g) | arbitrary or fictitious values. |
| --- | --- |

(g)

arbitrary or fictitious values.

Article 47

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules for the determination of the customs value in specific cases and with regard to goods for which a customs debt is incurred after the use of a special procedure.

TITLE III

CUSTOMS DEBT AND GUARANTEES

CHAPTER 1

INCURRENCE OF A CUSTOMS DEBT

Section 1

General provisions

Article 48

Customs debt

Duty on import or export shall be payable in respect of specific goods under the Common Customs Tariff, and the amount payable shall constitute the customs debt.

Section 2

Customs debt on importation

Article 49

Release for free circulation, temporary admission

1.   A customs debt on importation shall be incurred through the placing of non-Community goods under either of the following procedures:

| (a) | release for free circulation; |
| --- | --- |

(a)

release for free circulation;

| (b) | temporary admission with partial relief from import duties. |
| --- | --- |

(b)

temporary admission with partial relief from import duties.

2.   A customs debt shall be incurred at the time of acceptance of the customs declaration.

3.   The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf the customs declaration is made shall also be a debtor.

Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up on the basis of information which leads to all or part of the import duties not being collected, the person who provided the information required for the declaration shall also be a debtor, if he knew, or ought reasonably to have known, that such information was false.

Article 50

Special provisions relating to non-originating goods

1.   Where a prohibition of drawback of, or exemption from, import duties applies to non-originating goods used in the manufacture of products, for which a proof of origin is issued or made out in the framework of a preferential arrangement between the Community and certain countries or territories outside the customs territory of the Community or groups of such countries or territories, a customs debt on importation shall be incurred in respect of these products, through either of the following:

| (a) | the acceptance of the re-export notification relating to the products in question, obtained under inward processing; |
| --- | --- |

(a)

the acceptance of the re-export notification relating to the products in question, obtained under inward processing;

| (b) | the acceptance of the declaration relating to the goods placed under the inward processing procedure in the case of prior exportation of the processed products in question. |
| --- | --- |

(b)

the acceptance of the declaration relating to the goods placed under the inward processing procedure in the case of prior exportation of the processed products in question.

2.   Where a customs debt is incurred pursuant to point (a) of paragraph 1, the amount of the import duties shall be determined under the same conditions as in the case of a customs debt resulting from the acceptance, on the same date, of the declaration for release for free circulation of the non-originating goods used in the manufacture of the products in question for the purpose of ending the inward processing procedure.

3.   Article 49 (2) and (3) shall apply. However, in the case of non-Community goods as referred to in Article 188, the debtor shall be the person who lodges the re-export notification and, in the event of indirect representation, the person on whose behalf the notification is lodged.

Article 51

Customs debt incurred through non-compliance

1.   In cases other than those referred to in Articles 49 and 50, a customs debt on importation shall be incurred through non-compliance with either of the following:

| (a) | one of the obligations laid down in customs legislation concerning the introduction of non-Community goods into the customs territory of the Community, or for the movement, processing, storage, use or disposal of goods within that territory; |
| --- | --- |

(a)

one of the obligations laid down in customs legislation concerning the introduction of non-Community goods into the customs territory of the Community, or for the movement, processing, storage, use or disposal of goods within that territory;

| (b) | a condition governing the placing of non-Community goods under a customs procedure or the granting, by virtue of the end-use of the goods, of duty exemption or a reduced rate of import duty. |
| --- | --- |

(b)

a condition governing the placing of non-Community goods under a customs procedure or the granting, by virtue of the end-use of the goods, of duty exemption or a reduced rate of import duty.

2.   The time at which the customs debt is incurred shall be either of the following:

| (a) | the moment when the obligation the non-fulfilment of which gives rise to the customs debt is not met or ceases to be met; |
| --- | --- |

(a)

the moment when the obligation the non-fulfilment of which gives rise to the customs debt is not met or ceases to be met;

| (b) | the moment when the goods are placed under the customs procedure or declared for that purpose where it is established subsequently that a condition governing the placing of the goods under that procedure or the granting of a duty exemption or a reduced rate of import duty by virtue of the end-use of the goods was not in fact fulfilled. |
| --- | --- |

(b)

the moment when the goods are placed under the customs procedure or declared for that purpose where it is established subsequently that a condition governing the placing of the goods under that procedure or the granting of a duty exemption or a reduced rate of import duty by virtue of the end-use of the goods was not in fact fulfilled.

3.   In cases referred to under point (a) of paragraph 1, the debtor shall be any of the following:

| (a) | any person who was required to fulfil the obligations concerned; |
| --- | --- |

(a)

any person who was required to fulfil the obligations concerned;

| (b) | any person who was aware or should reasonably have been aware that an obligation under the customs legislation was not fulfilled and who acted on behalf of the person who was obliged to fulfil the obligation, or who participated in the act which led to the non-fulfilment of the obligation; |
| --- | --- |

(b)

any person who was aware or should reasonably have been aware that an obligation under the customs legislation was not fulfilled and who acted on behalf of the person who was obliged to fulfil the obligation, or who participated in the act which led to the non-fulfilment of the obligation;

| (c) | any person who acquired or held the goods in question and who was aware or should reasonably have been aware at the time of acquiring or receiving the goods that an obligation under the customs legislation was not fulfilled. |
| --- | --- |

(c)

any person who acquired or held the goods in question and who was aware or should reasonably have been aware at the time of acquiring or receiving the goods that an obligation under the customs legislation was not fulfilled.

In cases referred to under point (b) of paragraph 1, the debtor shall be the person who is required to comply with the conditions governing the placing of the goods under a customs procedure or declaring the goods concerned under that procedure or the granting of a duty exemption or reduced rate of duty by virtue of the end-use of the goods.

Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up, or any information required under the customs legislation relating to the conditions governing the placing of the goods under a customs procedure is given to the customs authorities, which leads to all or part of the import duties not being collected, the person who provided the information required to draw up the declaration and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor.

Article 52

Deduction of duties already paid

1.   Where a customs debt is incurred, pursuant to Article 51(1), in respect of goods released for free circulation at a reduced rate of import duty on account of their end-use, the amount paid when the goods were released for free circulation shall be deducted from the amount of the customs debt.

The first subparagraph shall apply mutatis mutandis where a customs debt is incurred in respect of scrap and waste resulting from the destruction of such goods.

2.   Where a customs debt is incurred, pursuant to Article 51(1), in respect of goods placed under temporary admission with partial relief from import duties, the amount paid under partial relief shall be deducted from the amount of the customs debt.

Section 3

Customs debt on exportation

Article 53

Export declaration

1.   A customs debt on exportation shall be incurred through the placing of goods liable to export duties under the export procedure.

2.   The customs debt shall be incurred at the time of acceptance of the customs declaration.

3.   The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf the declaration is made shall also be a debtor.

Where a customs declaration is drawn up on the basis of information which leads to all or part of the export duties not being collected, the person who provided the information required for the declaration and who knew, or who should reasonably have known, that such information was false shall also be a debtor.

Article 54

Customs debt incurred through non-compliance

1.   In cases other than those referred to in Article 53, and if the goods are liable to export duties, a customs debt on exportation shall be incurred through non-compliance with either of the following:

| (a) | one of the obligations laid down in customs legislation for the exit, movement or disposal of the goods; |
| --- | --- |

(a)

one of the obligations laid down in customs legislation for the exit, movement or disposal of the goods;

| (b) | the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties. |
| --- | --- |

(b)

the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties.

2.   The time at which the customs debt is incurred shall be one of the following:

| (a) | the moment at which the goods actually leave the customs territory of the Community without a customs declaration; |
| --- | --- |

(a)

the moment at which the goods actually leave the customs territory of the Community without a customs declaration;

| (b) | the moment at which the goods reach a destination other than that for which they were allowed to leave the customs territory of the Community with total or partial relief from export duties; |
| --- | --- |

(b)

the moment at which the goods reach a destination other than that for which they were allowed to leave the customs territory of the Community with total or partial relief from export duties;

| (c) | should the customs authorities be unable to determine the moment referred in point (b), the expiry of the time limit set for the production of evidence that the conditions entitling the goods to such relief have been fulfilled. |
| --- | --- |

(c)

should the customs authorities be unable to determine the moment referred in point (b), the expiry of the time limit set for the production of evidence that the conditions entitling the goods to such relief have been fulfilled.

3.   Where goods liable to export duties leave the customs territory of the Community without a customs declaration, the debtor shall be any of the following:

| (a) | any person who was required to fulfil the obligation concerned; |
| --- | --- |

(a)

any person who was required to fulfil the obligation concerned;

| (b) | any person who participated in the act which led to the non-fulfilment of the obligation and who was aware or should reasonably have been aware that a customs declaration had not been lodged but should have been. |
| --- | --- |

(b)

any person who participated in the act which led to the non-fulfilment of the obligation and who was aware or should reasonably have been aware that a customs declaration had not been lodged but should have been.

4.   Where a customs debt arises as a consequence of failure to comply with the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties, the debtor shall be any of the following:

| (a) | the declarant; |
| --- | --- |

(a)

the declarant;

| (b) | in the event of indirect representation, the person on whose behalf the declaration is made. |
| --- | --- |

(b)

in the event of indirect representation, the person on whose behalf the declaration is made.

Section 4

Provisions common to customs debts incurred on importation and exportation

Article 55

Prohibitions and restrictions

The customs debt on importation or exportation shall be incurred even if it relates to goods which are subject to measures of prohibition or restriction on importation or exportation of any kind.

However, no customs debt shall be incurred on the unlawful introduction into the customs territory of the Community of counterfeit currency or of narcotic drugs and psychotropic substances which do not enter into the economic circuit strictly supervised by the competent authorities with a view to their use for medical and scientific purposes.

For the purposes of penalties as applicable to customs offences, the customs debt shall nevertheless be deemed to have been incurred where, under the law of a Member State, customs duties or the existence of a customs debt provide the basis for determining penalties.

Article 56

Several debtors

Where several persons are liable for payment of one customs debt, they shall each be liable for the totality of the debt.

However, priority in the first instance shall be given to the recovery of the customs debt from the importer or exporter of record.

Where one or more of those persons have deliberately infringed the customs legislation, priority shall be given to recovery of the customs debt from those persons.

Article 57

General rules for calculation of the amount of duty

1.   The amount of the import or export duty shall be determined on the basis of those rules for calculation of duty which were applicable to the goods concerned at the time at which the customs debt in respect of them was incurred.

2.   Where it is not possible to determine precisely the time at which the customs debt is incurred, that time shall be deemed to be the time at which the customs authorities conclude that the goods are in a situation in which a customs debt has been incurred.

However, where the information available to the customs authorities enables them to establish that the customs debt had been incurred prior to the time at which they reached that conclusion, the customs debt shall be deemed to have been incurred at the earliest time that such a situation can be established.

3.   Where customs legislation provides for a favourable tariff treatment of goods, relief or total or partial exemption from import or export duties, pursuant to points (d) to (g) of Article 36(2), Articles 136 to 140, 177 and 180 to 183, such favourable tariff treatment, relief or exemption shall also apply in cases where a customs debt is incurred pursuant to Articles 51 or 54, on condition that the behaviour of the person concerned involves no fraudulent dealing.

Article 58

Special rules for calculation of the amount of duty

1.   Where costs for storage or usual forms of handling have been incurred within the customs territory of the Community in respect of goods placed under a customs procedure, such costs or the increase in value shall not be taken into account for the calculation of the amount of import duty where satisfactory proof of these costs is provided by the declarant.

However, the customs value, nature and origin of non-Community goods used in the operations shall be taken into account for the calculation of the amount of import duties.

2.   Where the tariff classification of goods placed under a customs procedure changes as a result of usual forms of handling within the customs territory of the Community, the original tariff classification for the goods placed under the procedure shall be applied at the request of the declarant.

3.   Where a customs debt is incurred for processed products resulting from the inward processing procedure, the amount of such debt shall, at the request of the declarant, be determined on the basis of the tariff classification, customs value, nature and origin of the goods placed under the inward processing procedure at the time of acceptance of the declaration relating to these goods.

Article 59

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the rules for the calculation of the amount of the import duty or export duty applicable to goods; |
| --- | --- |

(a)

the rules for the calculation of the amount of the import duty or export duty applicable to goods;

| (b) | further special rules for specific procedures. |
| --- | --- |

(b)

further special rules for specific procedures.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures amending non-essential elements of this Regulation by supplementing it by laying down
  derogations from Articles 57 and 58.

Article 60

Place where the customs debt is incurred

1.   A customs debt shall be incurred at the place where the customs declaration referred to in Articles 49 and 53 is lodged or, pursuant to Article 128(3), is deemed to have been lodged.

In all other cases, the place where a customs debt is incurred shall be the place where the events from which it arises occur.

If it is not possible to determine that place, the customs debt shall be incurred at the place where the customs authorities conclude that the goods are in a situation in which a customs debt is incurred.

2.   If the goods have been entered for a customs procedure which has not been discharged, and the place cannot be determined, pursuant to the second or third subparagraphs of paragraph 1, within a specified period of time, the customs debt shall be incurred at the place where the goods were either placed under the procedure concerned or were introduced into the customs territory of the Community under that procedure.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the period of time referred to in the first subparagraph of this paragraph.

3.   Where the information available to the customs authorities enables them to establish that the customs debt may have been incurred in several places, the customs debt shall be deemed to have been incurred at the place where it was first incurred.

4.   If a customs authority establishes that a customs debt has been incurred under point (a) of Article 51(1) in another Member State and the amount of that debt is lower than 100 000euro, the debt shall be deemed to have been incurred in the Member State where the finding was made.

CHAPTER 2

GUARANTEE FOR A POTENTIAL OR EXISTING CUSTOMS DEBT

Article 61

General provisions

1.   This Chapter shall apply to guarantees both for customs debts which have been incurred and for those which may be incurred, unless it is otherwise specified.

2.   Customs authorities may require the debtor to provide a guarantee in order to ensure payment of a customs debt and of other charges, in particular VAT and excise duty as provided for under VAT and excise provisions in force.

3.   Where the customs authorities require a guarantee to be provided, it shall be required from the debtor or the person who may become liable for that debt.

4.   The customs authorities shall require only one guarantee to be provided in respect of specific goods or a specific declaration.

The guarantee provided for a specific declaration shall apply to the customs debt in respect of all goods covered by or released against that declaration, whether or not that declaration is correct.

5.   The customs authorities shall permit the guarantee to be provided by a person other than the person from whom it is required.

6.   At the request of the person referred to in paragraphs 3 or 5 of this Article, the customs authorities may, in accordance with Article 67(1) and (2), authorize the provision of a comprehensive guarantee to cover the customs debt in respect of two or more operations, declarations or procedures.

7.   No guarantee shall be required from States, regional and local government authorities or other bodies governed by public law, in respect of the activities in which they engage as public authorities.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down other cases in which no guarantee is to be required or a reduced guarantee is to be required.

8.   The customs authorities may waive the requirement for provision of a guarantee where the amount to be secured does not exceed the statistical threshold for declarations laid down in accordance with Article 12 of Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries
   (16).

9.   A guarantee accepted or authorized by the customs authorities shall be valid throughout the customs territory of the Community, for the purposes for which it is given.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

Article 62

Compulsory guarantee

1.   Where it is compulsory for a guarantee to be provided, and subject to the rules adopted pursuant to paragraph 3, the customs authorities shall fix the amount of such guarantee at a level equal to the precise amount of the customs debt in question where that amount can be established with certainty at the time when the guarantee is required.

Where it is not possible to establish the precise amount of the customs debt, the amount of the guarantee shall be fixed as the maximum amount, as estimated by the customs authorities, of the customs debt which has been or may be incurred.

2.   Without prejudice to Article 67, where a comprehensive guarantee is provided for customs debts which vary in amount over time, the amount of such guarantee shall be set at a level enabling the customs debts in question to be covered at all times.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1 of this Article.

Article 63

Optional guarantee

Where the provision of a guarantee is optional, such guarantee shall in any case be required by the customs authorities if they consider that a customs debt is not certain to be paid within the prescribed period. Its amount shall be fixed by those authorities so as not to exceed the level referred to in Article 62.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down when a guarantee is optional.

Article 64

Provision of a guarantee

1.   A guarantee may be provided in one of the following ways

| (a) | by a cash deposit or by any other means of payment recognized by the customs authorities as being equivalent to a cash deposit, made in euro or in the currency of the Member State in which the guarantee is required; |
| --- | --- |

(a)

by a cash deposit or by any other means of payment recognized by the customs authorities as being equivalent to a cash deposit, made in euro or in the currency of the Member State in which the guarantee is required;

| (b) | by an undertaking given by a guarantor; |
| --- | --- |

(b)

by an undertaking given by a guarantor;

| (c) | by another form of guarantee which provides equivalent assurance that the customs debt will be paid,
  such as a declaration of compliance with an existing industry wide agreement, a notorial declaration, a special agreement between operators and customs authorities, etc
  . |
| --- | --- |

(c)

by another form of guarantee which provides equivalent assurance that the customs debt will be paid,
  such as a declaration of compliance with an existing industry wide agreement, a notorial declaration, a special agreement between operators and customs authorities, etc
  .

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures specifying the forms of guarantee referred in point (c) of the first subparagraph of this paragraph.

2.   A guarantee in the form of a cash deposit or payment deemed equivalent to a cash deposit shall be given in accordance with the provisions in force in the Member State in which the guarantee is required.

Article 65

Choice of guarantee

The person required to provide a guarantee may choose between the types of guarantee laid down in Article 64(1).

However, the customs authorities may refuse to accept the type of guarantee chosen where it is incompatible with the proper functioning of the customs procedure concerned.

The customs authorities may require that the type of guarantee chosen be maintained for a specific period.

Article 66

Guarantor

1.   The guarantor referred to in point (b) of Article 64(1) must be a third person established in the customs territory of the Community. The guarantor must be approved by the customs authorities requiring the guarantee, unless the guarantor is a bank or other officially recognized financial institution accredited in the Community.

2.   The guarantor shall undertake in writing to pay the secured amount of a customs debt.

The undertaking shall also cover, within the limits of the secured amount, amounts of import or export duties payable following post-release verification.

3.   The customs authorities may refuse to approve the guarantor or type of guarantee proposed where either do not appear certain to ensure payment of the customs debt within the prescribed period.

Article 67

Comprehensive guarantee

1.   The authorization referred to in Article 61(6) shall be granted only to persons who satisfy the following conditions:

| (a) | they are established in the Community; |
| --- | --- |

(a)

they are established in the Community;

| (b) | they have not committed serious or repeated offences against customs or tax law; |
| --- | --- |

(b)

they have not committed serious or repeated offences against customs or tax law;

| (c) | they are regular users of the procedures involved or are known to the customs authorities to have the capacity to fulfil their obligation in relation to these procedures. |
| --- | --- |

(c)

they are regular users of the procedures involved or are known to the customs authorities to have the capacity to fulfil their obligation in relation to these procedures.

2.   Where a comprehensive guarantee is to be provided for customs debts which may be incurred,
  an economic
  operator may use a comprehensive guarantee with a reduced amount or have a guarantee waiver, in accordance with Article 61(7), provided that at least the following criteria are fulfilled:

| (a) | the correct use of the customs procedure concerned during a given period; |
| --- | --- |

(a)

the correct use of the customs procedure concerned during a given period;

| (b) | co-operation with the customs authorities; |
| --- | --- |

(b)

co-operation with the customs authorities;

| (c) | in respect of the guarantee waiver, a good financial standing which is sufficient to fulfil the commitments of that person. |
| --- | --- |

(c)

in respect of the guarantee waiver, a good financial standing which is sufficient to fulfil the commitments of that person.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the granting of authorizations under paragraphs 1 and 2 of this Article.

Article 68

Additional provisions relating to the use of guarantees

1.   In cases where a customs debt may be incurred in the framework of special procedures, paragraphs 2, 3 and 4 shall apply.

2.   The guarantee waiver authorized in accordance with Article 67(2) shall not apply to goods which are considered to present increased risks.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  for the implementation of the first subparagraph of this paragraph.

3.   As an exceptional measure in special circumstances, the Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  temporarily prohibiting the use of a comprehensive guarantee with a reduced amount referred to in Article 67(2).

4.   In respect of goods which have been identified as being subject to large-scale fraud while under a comprehensive guarantee, the Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  temporarily prohibiting the use of a comprehensive guarantee.

Article 69

Additional or replacement guarantee

Where the customs authorities establish that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure, payment of the customs debt within the prescribed period, they shall require any of the persons referred to in Article 61(3), either to provide an additional guarantee or to replace the original guarantee with a new guarantee, according to his choice.

Article 70

Release of the guarantee

1.   The customs authorities shall release the guarantee when the customs debt is extinguished or can no longer arise.

2.   Where the customs debt has been extinguished in part, or may arise only in respect of part, of the amount which has been secured, a corresponding part of the guarantee shall be released accordingly at the request of the person concerned, unless the amount involved does not justify such action.

3.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

CHAPTER 3

RECOVERY AND PAYMENT OF DUTY AND REPAYMENT AND REMISSION OF DUTY

Section 1

Determination, notification to the debtor and entry in the accounts of the amount of duty

Article 71

Determination of the amount of duty

The amount of duty payable shall be determined by the customs authorities responsible for the territory in which the customs debt is incurred, or is deemed to have been incurred in accordance with Article 60, as soon as they have the necessary information.

Article 72

Notification of the customs debt

1.   The decision determining the amount of duty payable shall be notified to the debtor in the form prescribed by national law in the territory in which the debt was incurred.

The notification referred to in the first subparagraph shall not be made in the following situations:

| (a) | where, pending a final determination of the amount of duty, a provisional commercial policy measure taking the form of a duty has been imposed; |
| --- | --- |

(a)

where, pending a final determination of the amount of duty, a provisional commercial policy measure taking the form of a duty has been imposed;

| (b) | where the amount of duty payable exceeds that determined on the basis of a decision made in accordance with Article 21; |
| --- | --- |

(b)

where the amount of duty payable exceeds that determined on the basis of a decision made in accordance with Article 21;

| (c) | where the original decision not to notify the amount of duty or to notify the amount of duty at a figure less than the amount payable was taken on the basis of general provisions invalidated at a later date by a court decision; |
| --- | --- |

(c)

where the original decision not to notify the amount of duty or to notify the amount of duty at a figure less than the amount payable was taken on the basis of general provisions invalidated at a later date by a court decision;

| (d) | in cases where the customs authorities are exempted from notification of amounts of duty. |
| --- | --- |

(d)

in cases where the customs authorities are exempted from notification of amounts of duty.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of point (d) of the second subparagraph of this paragraph.

2.   Where the amount of duty payable is equal to the amount entered in the customs declaration, the debtor need not be notified of the decision referred to in paragraph 1.

In such cases, release of the goods by the customs authorities shall be equivalent to a decision notifying the debtor of the amount of duty payable.

3.   Where paragraph 2 of this Article does not apply, the decision determining the amount of duty payable shall be notified to the debtor within fourteen days of the date on which the customs authorities are in a position to take that decision in accordance with Article 17(4).

Article 73

Time limit for notification of a customs debt

1.   Notification of a decision determining the amount of duty may not be issued to the debtor after the expiry of a period of three years from the date on which the customs debt was incurred.

2.   Where the customs debt is the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of ten years.

3.   Where an appeal is lodged under Article 24, the periods laid down in paragraphs 1 and 2 of this Article shall be suspended, for the duration of the appeal proceedings, from the date on which the appeal is lodged.

4.   Where liability for a customs debt is reinstated pursuant to Article 84(3) the periods laid down in paragraphs 1 and 2 of this Article shall be considered as suspended from the date on which the repayment or remission application was submitted in accordance with Article 90, until a decision on the repayment or remission is taken.

Article 74

Entry in the accounts

1.   The customs authorities referred to in Article 71 shall enter the amount of duty payable in their accounts.

The first subparagraph shall not apply in cases referred to in the second subparagraph of Article 72(1).

The customs authorities need not enter in the accounts amounts of duty which, pursuant to Article 73, could no longer be notified to the debtor.

2.   The Member States shall determine the practical procedures for the entry in the accounts of the amounts of duty. Those procedures may differ according to whether or not, in view of the circumstances in which the customs debt was incurred, the customs authorities are satisfied that those amounts will be paid.

Article 75

Time of entry in the accounts

1.   Where a customs debt is incurred as a result of the acceptance of the declaration of goods for a customs procedure, other than temporary admission with partial relief from import duties, or of any other act having the same legal effect as such acceptance, the customs authorities shall enter the amount of duty payable in the accounts within fourteen days of the release of the goods.

However, provided that payment has been guaranteed, the total amount of duty relating to all the goods released to one and the same person during a period fixed by the customs authorities, which may not exceed 31 days, may be covered by a single entry in the accounts at the end of that period. Such entry in the accounts shall take place within five days of the expiry of the period concerned.

2.   Where goods may be released subject to certain conditions which govern either the determination of the amount of duty payable or its collection, entry in the accounts shall take place within fourteen days of the day on which the amount of duty payable is determined or the obligation to pay that duty is fixed.

However, where the customs debt relates to a provisional commercial policy measure taking the form of a duty, the amount of duty payable shall be entered in the accounts within two months of the date of publication in the Official Journal of the European Union of the Regulation establishing the definitive commercial policy measure.

3.   Where a customs debt is incurred in circumstances not covered by paragraph 1, the amount of duty payable shall be entered in the accounts within fourteen days of the date on which the customs authorities are in a position to calculate the amount of duty in question and determine the debtor.

4.   Paragraph 3 shall apply mutatis mutandis with regard to the amount of duty to be recovered or which remains to be recovered where the amount of duty payable has not been entered in the accounts in accordance with paragraphs 1, 2 and 3, or has been determined and entered in the accounts at a level lower than the amount payable.

5.   The time limits for entry in the accounts laid down in paragraphs 1, 2 and 3 shall not apply in unforeseeable circumstances or in cases of force majeure.

Article 76

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down rules for entry in the accounts.

Section 2

Time limit and procedures for payment of duty

Article 77

General time limits for payment, supervision of payment

1.   Amounts of duty notified in accordance with Article 72 shall be paid by the debtor within the period prescribed by the customs authorities.

Without prejudice to Article 25(2), that period shall not exceed ten days following notification to the debtor of the amount of duty payable. In the case of aggregation of entries in the accounts under the conditions laid down in the second subparagraph of Article 75(1), it shall be so fixed as not to enable the debtor to obtain a longer period for payment than if he had been granted deferred payment in accordance with Article 79.

An extension of that period shall be granted automatically where it is established that the person concerned received the notification too late to enable him to make payment within the period prescribed.

Extension of that period may also be granted by the customs authorities at the request of the debtor where the amount of duty payable has been determined in the course of post-release verification as referred to in Article 29. Without prejudice to Article 82(1), such extensions shall not exceed the time necessary for the debtor to take the appropriate steps to discharge his obligation.

2.   If the debtor is entitled to any of the payment facilities laid down in Articles 79 to 82, payment shall be made within the period or periods specified in relation to those facilities.

3.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the conditions for the suspension of the time limit for payment of debt in the following situations:

| (a) | where an application for remission of duty is made in accordance with Article 90; |
| --- | --- |

(a)

where an application for remission of duty is made in accordance with Article 90;

| (b) | where goods are to be confiscated, destroyed or abandoned to the State; |
| --- | --- |

(b)

where goods are to be confiscated, destroyed or abandoned to the State;

| (c) | where the customs debt was incurred pursuant to Article 51 and there is more than one debtor. |
| --- | --- |

(c)

where the customs debt was incurred pursuant to Article 51 and there is more than one debtor.

Article 78

Payment

1.   Payment shall be made in cash or by any other means with similar discharging effect, including by adjustment of credit balance as agreed with the customs authorities.

2.   Payment may be made by a third person instead of the debtor.

Article 79

Deferment of payment

Without prejudice to Article 85, the customs authorities shall, at the request of the person concerned and upon provision of a guarantee, permit deferment of payment of the duty payable in any of the following ways:

| (a) | separately in respect of each amount of duty entered in the accounts in accordance with the first subparagraph of Article 75(1), or Article 75(4); |
| --- | --- |

(a)

separately in respect of each amount of duty entered in the accounts in accordance with the first subparagraph of Article 75(1), or Article 75(4);

| (b) | globally in respect of all amounts of duty entered in the accounts in accordance with the first subparagraph of Article 75(1) during a period fixed by the customs authorities and not exceeding 31 days; |
| --- | --- |

(b)

globally in respect of all amounts of duty entered in the accounts in accordance with the first subparagraph of Article 75(1) during a period fixed by the customs authorities and not exceeding 31 days;

| (c) | globally in respect of all amounts of duty forming a single entry in accordance with the second subparagraph of Article 75(1). |
| --- | --- |

(c)

globally in respect of all amounts of duty forming a single entry in accordance with the second subparagraph of Article 75(1).

Article 80

Time limits for deferred payment

1.   The period for which payment is deferred under Article 79 shall be 30 days. It shall be calculated as set out in paragraphs 2, 3 and 4 of this Article.

2.   Where payment is deferred in accordance with point (a) of Article 79, the period shall begin on the day following that on which the amount of duty payable is notified to the debtor.

3.   Where payment is deferred in accordance with point (b) of Article 79, the period shall begin on the day following that on which the aggregation period ends. It shall be reduced by the number of days corresponding to half the number of days covered by the aggregation period.

4.   Where payment is deferred in accordance with point (c) of Article 79, the period shall begin on the day following the end of the period fixed for release of the goods in question. It shall be reduced by the number of days corresponding to half the number of days covered by the period concerned.

5.   Where the number of days in the periods referred to in paragraphs 3 and 4 is an odd number, the number of days to be deducted from the 30-day period pursuant to those paragraphs shall be equal to half the next lowest even number.

6.   Where the periods referred to in paragraphs 3 and 4 are calendar weeks, Member States may provide that the amount of duty in respect of which payment has been deferred is to be paid on the Friday of the fourth week following the calendar week in question.

If these periods are calendar months, Member States may provide that the amount of duty in respect of which payment has been deferred is to be paid by the sixteenth day of the month following the calendar month in question.

Article 81

Implementing measures

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the rules for deferment of payment in cases where the customs declaration is simplified in accordance with Articles 125 or 127.

Article 82

Other payment facilities

1.   The customs authorities may grant the debtor payment facilities other than deferred payment on condition that a guarantee is provided.

However, such guarantee need not be required where it is established that to require it would, because of the situation of the debtor, create serious economic or social difficulties.

Where facilities are granted pursuant to the first subparagraph, credit interest shall be charged on the amount of duty. The amount of such interest shall be equivalent to the amount which would be charged for this purpose on the euro market or, where appropriate, the national market of the currency in which the amount is payable.

The customs authorities may refrain from charging credit interest where to charge it would, because of the situation of the debtor, create serious economic or social difficulties.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1.

Article 83

Enforcement of payment, arrears

1.   Where the amount of duty payable has not been paid within the prescribed period, the customs authorities shall secure payment of that amount by all means available to them according to the law of the Member State.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  in respect of securing payment from guarantors within the framework of a special procedure.

2.   Interest on arrears shall be charged on the amount of duty from the date of expiry of the prescribed period until the date of payment. The rate of interest on arrears shall be no more than one percentage point higher than the rate of credit interest within the euro or national currency market concerned. It may not be lower than that rate.

3.   Where the amount of a customs debt has been notified pursuant to Articles 72(3), interest on arrears shall be charged over and above the amount of duty, from the date on which the customs debt was incurred until the date of notification.

The rate of interest on arrears shall be set in accordance with paragraph 2.

4.   The customs authorities may refrain from charging interest on arrears where to charge it would, because of the situation of the debtor, create serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases, in terms of time and amounts, in which the customs authorities may waive the collection of interest on arrears.

Section 3

Repayment and remission of duty

Article 84

General provisions

1.   For the purposes of this Section, the following definitions shall apply:

| (a) | ‘repayment’ means the refunding of import or export duties which have been paid; |
| --- | --- |

(a)

‘repayment’ means the refunding of import or export duties which have been paid;

| (b) | ‘remission’ means the waiving of the obligation to pay an amount of import or export duty which has not been paid. |
| --- | --- |

(b)

‘remission’ means the waiving of the obligation to pay an amount of import or export duty which has not been paid.

Where reference is made in this section to import or export duties, it shall be deemed also to cover interest on arrears.

2.   Repayment shall not give rise to the payment of interest by the customs authorities concerned.

However, interest shall be paid where a decision granting repayment under Article 85 is not implemented within three months of the date on which that decision was taken.

In such cases, the interest shall be paid from the date of expiry of the three month period until the date of repayment. The rate of interest shall be equivalent to the rate of interest on the euro or national currency market concerned.

3.   Where a customs authority has granted repayment or remission in error, duty liability shall be reinstated in so far as recovery of the original customs debt is not time-barred under Article 73.

In such cases, any interest paid under the second subparagraph of paragraph 2 of this Article must be reimbursed.

Article 85

Repayment and remission

1.   Subject to the conditions laid down in this Section, import or export duties shall, provided that the amount to be repaid or remitted exceeds a certain amount, be repaid or remitted on the following grounds:

| (a) | overcharged duties; |
| --- | --- |

(a)

overcharged duties;

| (b) | defective goods; |
| --- | --- |

(b)

defective goods;

| (c) | error by the customs authorities; |
| --- | --- |

(c)

error by the customs authorities;

| (d) | equity. |
| --- | --- |

(d)

equity.

In addition, where duties have been paid and the corresponding customs declaration is invalidated, in accordance with Article 117, those duties shall be repaid.

2.   Subject to the rules of competence for a decision, where the customs authorities themselves discover within the periods referred to in Article 90(1) that import or export duties are repayable or remissible pursuant to Articles 86, 88 or 89, they shall repay or remit on their own initiative.

3.   No repayment or remission shall be granted when the situation which led to the decision determining an amount of duty results from deception by the debtor.

Article 86

Repayment and remission of overcharged duties

Import or export duties shall be repaid or remitted in so far as the amount set out in the original customs decision exceeds the amount payable, or was notified to the debtor contrary to points (c) or (d) of Article 72(1).

Article 87

Defective goods

1.   Import duties shall be repaid or remitted if the decision determining the amount of such duties relates to goods released for free circulation which have been rejected by the importer because, at the time of release, they were defective or did not comply with the terms of the contract on the basis of which they were imported.

Defective goods shall be deemed to include goods damaged before their release.

2.   Repayment or remission of import duties shall be granted provided the goods have not been used, except for such initial use as may have been necessary to establish that they were defective or did not comply with the terms of the contract.

3.   The customs authorities shall ensure that the debtor re-exports the goods from the customs territory of the Community or, at his request, places them under the inward processing procedure (including for destruction), external transit or warehousing or in a free zone.

Article 88

Repayment or remission on account of error by the customs authorities

A decision to repay or remit import or export duties shall be taken where the original decision determining the amount of duty did not correspond to the amount payable, as a result of an error on the part of the customs authorities, provided the following conditions are met:

| (a) | the debtor could not reasonably have detected that error; |
| --- | --- |

(a)

the debtor could not reasonably have detected that error;

| (b) | the debtor was acting in good faith. |
| --- | --- |

(b)

the debtor was acting in good faith.

Where the preferential status of the goods is established on the basis of a system of administrative co-operation involving the authorities of a country or territory outside the customs territory of the Community, the issue of a certificate by those authorities, should it prove to be incorrect, shall constitute an error which could not reasonably have been detected within the meaning of point (a) of the first paragraph.

The issue of an incorrect certificate shall not, however, constitute an error where the certificate is based on an incorrect account of the facts provided by the exporter, except where it is evident that the issuing authorities were aware or should have been aware that the goods did not satisfy the conditions laid down for entitlement to the preferential treatment.

The debtor shall be considered to be in good faith if he can demonstrate that, during the period of the trading operations concerned, he has taken due care to ensure that all the conditions for the preferential treatment have been fulfilled.

The debtor may not rely on a plea of good faith if the Commission has published a notice in the Official Journal of the European Union, stating that there are grounds for doubt concerning the proper application of the preferential arrangements by the beneficiary country or territory.

Article 89

Repayment and remission in equity

In situations other than those referred to in the second subparagraph of Article 85(1) and in Articles 86, 87 and 88, import and export duties shall be repaid or remitted in the interest of equity where a customs debt is incurred under special circumstances in which no deception or obvious negligence may be attributed to the debtor.

Article 90

Procedure for repayment and remission

1.   A debtor who considers that import or export duties are repayable or remissible under Article 85 shall submit an application to the appropriate customs office within the following periods:

| (a) | in the case of overcharged duties, error by the customs authorities, or equity, within three years of the date of notification of the amount; |
| --- | --- |

(a)

in the case of overcharged duties, error by the customs authorities, or equity, within three years of the date of notification of the amount;

| (b) | in the case of defective goods, within one year of the date of notification of the amount; |
| --- | --- |

(b)

in the case of defective goods, within one year of the date of notification of the amount;

| (c) | in the case of invalidation of a customs declaration, within the period specified in the rules applicable to invalidation. |
| --- | --- |

(c)

in the case of invalidation of a customs declaration, within the period specified in the rules applicable to invalidation.

The period specified in points (a) and (b) of the first subparagraph shall be extended where the applicant provides evidence that he was prevented from submitting his application in good time as a result of unforeseeable circumstances or force majeure.

2.   Paragraph 1 shall apply mutatis mutandis in cases where the customs authorities repay or remit on their own initiative pursuant to Article 85(2).

3.   Where an appeal has been lodged under Article 24 against the notification of the customs debt, the relevant period specified in the first subparagraph of paragraph 1 of this Article shall be suspended, from the date on which the appeal is lodged, for the duration of the appeal proceedings.

4.   Following receipt of an application in accordance with paragraph 1, the customs authorities shall take a decision as to whether or not to grant repayment or remission, as appropriate.

Repayment or remission may be in whole or in part.

Article 91

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of this Section. These measures shall lay down the cases in which the Commission shall, in accordance with the procedure referred to in Article 194(4), decide whether remission or repayment of an amount of duty is justified.

CHAPTER 4

EXTINCTION OF CUSTOMS DEBT

Article 92

Extinction

1.   Without prejudice to the provisions in force relating to the time-barring of a customs debt and non-recovery of such a debt in the event of the legally established insolvency of the debtor, a customs debt on importation or exportation shall be extinguished in any of the following ways:

| (a) | by payment of the amount of duty; |
| --- | --- |

(a)

by payment of the amount of duty;

| (b) | subject to paragraph 4, by remission of the amount of duty; |
| --- | --- |

(b)

subject to paragraph 4, by remission of the amount of duty;

| (c) | where, in respect of goods declared for a customs procedure entailing the obligation to pay duties, the customs declaration is invalidated; |
| --- | --- |

(c)

where, in respect of goods declared for a customs procedure entailing the obligation to pay duties, the customs declaration is invalidated;

| (d) | where goods liable to import or export duties are seized or confiscated; |
| --- | --- |

(d)

where goods liable to import or export duties are seized or confiscated;

| (e) | where goods liable to import or export duties are destroyed under customs supervision or abandoned to the State; |
| --- | --- |

(e)

where goods liable to import or export duties are destroyed under customs supervision or abandoned to the State;

| (f) | where the disappearance of the goods or the non-fulfilment of obligations arising from the customs legislation results from the total destruction or irretrievable loss of those goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure, or as a consequence of instruction by the customs authorities; |
| --- | --- |

(f)

where the disappearance of the goods or the non-fulfilment of obligations arising from the customs legislation results from the total destruction or irretrievable loss of those goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure, or as a consequence of instruction by the customs authorities;

| (g) | where the debt was incurred pursuant to Article 51 or 54 and where the following conditions are fulfilled:






  (i) | the failure which lead to the incurrence of a customs debt had no significant effect on the correct operation of the procedure declared and did not constitute an attempt at deception; |
| --- | --- | --- |

(g)

where the debt was incurred pursuant to Article 51 or 54 and where the following conditions are fulfilled:

(i)

the failure which lead to the incurrence of a customs debt had no significant effect on the correct operation of the procedure declared and did not constitute an attempt at deception;

| (ii) | all of the formalities necessary to regularize the situation of the goods are subsequently carried out; |
| --- | --- |

(ii)

all of the formalities necessary to regularize the situation of the goods are subsequently carried out;

| (h) | where goods released for free circulation duty-free, or at a reduced rate of import duty by virtue of their end-use, have been exported with the permission of the customs authorities; |
| --- | --- |

(h)

where goods released for free circulation duty-free, or at a reduced rate of import duty by virtue of their end-use, have been exported with the permission of the customs authorities;

| (i) | where it was incurred pursuant to Article 50 and where the formalities carried out in order to enable the preferential tariff treatment referred to in that Article to be granted are cancelled or satisfactory proof is submitted that preferential tariff treatment has not been granted; |
| --- | --- |

(i)

where it was incurred pursuant to Article 50 and where the formalities carried out in order to enable the preferential tariff treatment referred to in that Article to be granted are cancelled or satisfactory proof is submitted that preferential tariff treatment has not been granted;

| (j) | where, subject to paragraph 5 of this Article, the debt was incurred pursuant to Article 51 and evidence is provided to the satisfaction of the customs authorities that the goods have not been used or consumed and have been exported from the customs territory of the Community. |
| --- | --- |

(j)

where, subject to paragraph 5 of this Article, the debt was incurred pursuant to Article 51 and evidence is provided to the satisfaction of the customs authorities that the goods have not been used or consumed and have been exported from the customs territory of the Community.

For the purposes of point (f) of the first subparagraph, goods shall be considered as irretrievably lost when they have been rendered unusable by any person.

2.   In the event of seizure or confiscation, as referred to in point (d) of paragraph 1, the customs debt shall, nevertheless, for the purposes of penalties applicable to customs offences, be deemed not to have been extinguished where, under the law of a Member State, customs duties or the existence of a customs debt provide the basis for determining penalties.

3.   Where a customs debt is extinguished in respect of goods released for free circulation duty-free or at a reduced rate of import duty on account of their end-use, any scrap or waste resulting from such destruction shall be deemed to be non-Community goods.

4.   Where several persons are liable for payment of the customs debt and remission is granted, the obligation to pay the amount of duty shall be extinguished only in respect of the person or persons to whom the remission is granted.

5.   In the case referred to in point (j) of paragraph 1, the obligation to pay the amount of duty shall not be extinguished in respect of any person or persons who attempted deception.

6.   Where the debt was incurred pursuant to Article 51, the obligation to pay the amount of duty shall be extinguished with regard to the person whose behaviour did not involve any attempt at deception and who contributed to the fight against fraud, in particular in cases where a controlled delivery was performed to facilitate the identification of criminals.

7.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 to 6 of this Article.

TITLE IV

ARRIVAL OF GOODS IN THE CUSTOMS TERRITORY OF THE COMMUNITY

CHAPTER 1

GOODS BROUGHT INTO THE CUSTOMS TERRITORY

Article 93

Obligation to lodge an import summary declaration

1.   Goods brought into the customs territory of the Community shall be covered by an import summary declaration, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory of the Community without a stop within that territory.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down a common data set and format for the import summary declaration, containing the particulars necessary for risk analysis and the proper application of customs controls, primarily for security and safety purposes, using, where appropriate, international standards and commercial practices.

2.   Except where otherwise specified, an import summary declaration shall be lodged or made available at the competent customs office before the goods are brought into the customs territory of the Community.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures concerning the following:

| (a) | the deadline by which the import summary declaration shall be lodged or made available before the goods are brought into the customs territory of the Community; |
| --- | --- |

(a)

the deadline by which the import summary declaration shall be lodged or made available before the goods are brought into the customs territory of the Community;

| (b) | the determination of the competent customs office at which the import summary declaration shall be lodged or made available and where risk analysis and risk-based entry controls are to be carried out. |
| --- | --- |

(b)

the determination of the competent customs office at which the import summary declaration shall be lodged or made available and where risk analysis and risk-based entry controls are to be carried out.

4.   
  The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures amending non-essential elements of this Regulation by supplementing it concerning the following:

| (a) | the conditions under which the requirement for an import summary declaration may be waived or adapted; |
| --- | --- |

(a)

the conditions under which the requirement for an import summary declaration may be waived or adapted;

| (b) | the rules for exceptions from and variations to the deadline referred to in point (a) of paragraph 3. |
| --- | --- |

(b)

the rules for exceptions from and variations to the deadline referred to in point (a) of paragraph 3.

5.   In adopting the measures referred to in paragraphs 3 and 4, account shall be taken of the following:

| (a) | special circumstances; |
| --- | --- |

(a)

special circumstances;

| (b) | the application of these measures to certain types of goods traffic, modes of transport or economic operators; |
| --- | --- |

(b)

the application of these measures to certain types of goods traffic, modes of transport or economic operators;

| (c) | international agreements which provide for special security arrangements. |
| --- | --- |

(c)

international agreements which provide for special security arrangements.

Article 94

Lodgement and responsible person

1.   The import summary declaration shall be lodged using an electronic data processing technique. Commercial, port or transport information may be used provided it contains the necessary particulars for an import summary declaration.

Customs authorities may, in exceptional circumstances, accept paper-based import summary declarations, provided that they apply the same level of risk management as that applied to import summary declarations made using an electronic data processing technique and that the requirements for the exchange of such data with other customs offices can be met.

2.   The import summary declaration shall be lodged by the person who brings the goods, or who assumes responsibility for the carriage of the goods, into the customs territory of the Community.

3.   Notwithstanding the obligations of the person referred to in paragraph 2, the import summary declaration may be lodged instead by one of the following persons:

| (a) | the importer or consignee or other person in whose name or on whose behalf the person referred to in paragraph 2 acts; |
| --- | --- |

(a)

the importer or consignee or other person in whose name or on whose behalf the person referred to in paragraph 2 acts;

| (b) | any person who is able to present the goods in question or to have them presented to the competent customs authority. |
| --- | --- |

(b)

any person who is able to present the goods in question or to have them presented to the competent customs authority.

4.   Where appropriate, the customs authorities shall inform the person who lodged the import summary declaration of consignments which may pose particular security or safety risks.

5.
     
  Where the import summary declaration is lodged by a person other than the operator of the means of transport by which the goods are brought on to Community customs territory, that operator shall lodge with the appropriate customs office a notification of arrival in the form of a manifest, a dispatch note or a load sheet containing the information required in order to enable all the goods transported which are to be covered by an import summary declaration to be identified.

Pursuant to the procedure referred to in Article 194(2) the Commission shall lay down the measures stipulating the information which must appear on the notification of arrival.

Paragraph 1 shall apply,

  mutatis mutandis

  , to the first subparagraph of this paragraph.

Article 95

Amendment of summary declaration

The person who lodges the import summary declaration shall, at his request, be permitted to amend one or more particulars of the declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

| (a) | the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have allowed the removal of the goods. |
| --- | --- |

(c)

the customs authorities have allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second paragraph of this Article.

Article 96

Customs declaration replacing summary declaration

The competent customs office may waive the lodging of an import summary declaration in respect of goods for which, prior to the expiry of the deadline referred to in point (b) of Article 93(3), a customs declaration is lodged. In this case, the customs declaration shall contain at least the particulars necessary for the import summary declaration. Until such time as the customs declaration is accepted in accordance with Article 114, it shall have the status of an import summary declaration.

CHAPTER 2

ARRIVAL OF GOODS

Section 1

Entry of goods into the customs territory of the Community

Article 97

Customs supervision

1.   Goods brought into the customs territory of the Community shall, from the time of their entry, be subject to customs supervision and may be subject to customs controls. They shall be subject to the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash entering the Community.

They shall remain under such supervision for as long as is necessary to determine their customs status.

Without prejudice to Article 175, Community goods shall not be subject to customs supervision once their status is established.

Non-Community goods shall remain under customs supervision until their customs status is changed, or they are exported or destroyed.

2.   Any person with an interest in goods under customs supervision may, with the permission of the customs authorities, at any time examine the goods or take samples, in order to determine their tariff classification, customs value or customs status.

3.   Goods shall not be removed from customs supervision until release is granted by the customs authorities.

Article 98

Conveyance to the appropriate place

1.   The person who brings goods into the customs territory of the Community shall convey them without delay, by the route specified by the customs authorities and in accordance with their instructions, if any, to the customs office designated by the customs authorities, or to any other place designated or approved by those authorities, or into a free zone.

Goods brought into a free zone shall be brought into that free zone directly, either by sea or air or, if by land, without passing through another part of the customs territory of the Community.

The goods shall be presented to the customs authorities immediately upon their arrival, in accordance with Article 101.

2.   Any person who assumes responsibility for the carriage of goods after they have been brought into the customs territory of the Community shall become responsible for compliance with the obligation laid down in paragraph 1.

3.   Goods which, although still outside the customs territory of the Community, may be subject to customs controls by the customs authority of a Member State as a result of an agreement concluded with the relevant country or territory outside the customs territory of the Community, shall be treated in the same way as goods brought into the customs territory of the Community.

4.   Paragraph 1 shall not preclude application of any special provisions with respect to letters, postcards and printed matter or to goods carried by travellers, provided that customs supervision and customs control possibilities are not thereby jeopardised.

5.   Paragraph 1 shall not apply to goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory of the Community without a stop within that territory.

Article 99

Intra-Community air and sea services

1.   Paragraphs 1 to 4 of Article 98 and Articles 93 to 96 and 100 to 103 shall not apply to goods which have temporarily left the customs territory of the Community while moving between two points in that territory by sea or air, provided that carriage has been effected by a direct route and by an air or regular shipping service without a stop outside the customs territory of the Community.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down special provisions for air and regular shipping services.

Article 100

Conveyance under special circumstances

1.   Where, by reason of unforeseeable circumstances or force majeure, the obligation laid down in Article 98(1) cannot be complied with, the person bound by that obligation or any other person acting on that person's behalf shall inform the customs authorities of the situation without delay. Where the unforeseeable circumstances or force majeure do not result in total loss of the goods, the customs authorities shall also be informed of their precise location.

2.   Where, by reason of unforeseeable circumstances or force majeure, a vessel or aircraft covered by Article 98(5) is forced to put into port or to land temporarily in the customs territory of the Community and the obligation laid down in Article 98(1) cannot be complied with, the person who brought the vessel or aircraft into the customs territory of the Community, or any other person acting on that person's behalf, shall inform the customs authorities of the situation without delay.

3.   The customs authorities shall determine the measures to be taken in order to permit customs supervision of the goods referred to in paragraph 1, or those on board a vessel or aircraft in the circumstances specified in paragraph 2, and to ensure, where appropriate, that they are subsequently conveyed to a customs office or other place designated or approved by the authorities.

Section 2

Presentation, unloading and examination of goods

Article 101

Presentation of goods to customs

1.   Goods arriving in the customs territory of the Community shall be presented to customs by one of the following persons:

| (a) | the person who brought the goods into the customs territory of the Community; |
| --- | --- |

(a)

the person who brought the goods into the customs territory of the Community;

| (b) | the person in whose name or on whose behalf the person who brought the goods into that territory acts; |
| --- | --- |

(b)

the person in whose name or on whose behalf the person who brought the goods into that territory acts;

| (c) | the person who assumed responsibility for carriage of the goods after they were brought into the customs territory of the Community. |
| --- | --- |

(c)

the person who assumed responsibility for carriage of the goods after they were brought into the customs territory of the Community.

2.   Notwithstanding the obligations of the person described in paragraph 1, presentation of the goods may be effected instead by one of the following persons:

| (a) | any person who immediately places the goods under a customs procedure; |
| --- | --- |

(a)

any person who immediately places the goods under a customs procedure;

| (b) | the holder of an authorization for the operation of storage facilities or any person who carries out activity in a free zone. |
| --- | --- |

(b)

the holder of an authorization for the operation of storage facilities or any person who carries out activity in a free zone.

3.   The person presenting the goods shall make a reference to the import summary declaration or customs declaration lodged in respect of the goods.

4.   Paragraph 1 shall not preclude the application of special provisions relating to the following:

| (a) | goods carried by travellers; |
| --- | --- |

(a)

goods carried by travellers;

| (b) | goods placed under a customs procedure but without the requirement for them to be presented to customs; |
| --- | --- |

(b)

goods placed under a customs procedure but without the requirement for them to be presented to customs;

| (c) | letters, postcards and printed matter
  and their electronic equivalents held on other media
  . |
| --- | --- |

(c)

letters, postcards and printed matter
  and their electronic equivalents held on other media
  .

Article 102

Unloading and examination of goods

1.   Goods shall be unloaded or trans-shipped from the means of transport carrying them solely with the permission of the customs authorities in places designated or approved by those authorities.

However, such permission shall not be required in the event of an imminent danger necessitating the immediate unloading of all or part of the goods. In that case, the customs authorities shall immediately be informed accordingly.

2.   The customs authorities may at any time require goods to be unloaded and unpacked for the purpose of examining them, taking samples or examining the means of transport carrying them.

3.   Goods presented to customs shall not be removed from the place where they have been presented without the permission of the customs authorities.

Section 3

Formalities after presentation

Article 103

Obligation to place non-Community goods under a customs procedure

Without prejudice to Articles 131 and 133, non-Community goods presented to customs shall be placed under a customs procedure.

Except as otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, irrespective of their nature or quantity, or their country of origin, consignment or destination.

Article 104

Goods deemed to be placed in temporary storage

1.   Except where goods are immediately placed under a specific customs procedure for which a customs declaration has been accepted, or have been placed in a free zone, non-Community goods presented to customs shall be deemed to have been placed under temporary storage, in accordance with Article 159.

2.   Without prejudice to the obligation laid down in Article 93(2) and the exceptions or waiver provided for by the measures adopted under Article 93(3), where it is found that non-Community goods presented to customs are not covered by an import summary declaration, the holder of the goods shall lodge such a declaration immediately.

Section 4

Goods which have moved under a transit procedure

Article 105

Waiver for goods arriving under transit

Article 98, with the exception of the first subparagraph of paragraph 1 thereof, and Articles 101 to 104 shall not apply when goods already under a transit procedure are brought into the customs territory of the Community.

Article 106

Provisions applicable to non-Community goods after a transit procedure has ended

Articles 102, 103 and 104 shall apply to the following goods, once such goods have been presented to customs at a customs office of destination in the customs territory of the Community in accordance with the rules governing transit:

| (a) | non-Community goods brought into the customs territory of the Community under a transit procedure; |
| --- | --- |

(a)

non-Community goods brought into the customs territory of the Community under a transit procedure;

| (b) | non-Community goods which have moved within that territory under a transit procedure. |
| --- | --- |

(b)

non-Community goods which have moved within that territory under a transit procedure.

TITLE V

GENERAL RULES ON CUSTOMS STATUS AND CUSTOMS PROCEDURE

CHAPTER 1

STATUS OF GOODS

Article 107

Presumption of Community status

1.   All goods in the customs territory of the Community shall be presumed to be Community goods, unless it is established that they do not have Community status.

2.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the following:

| (a) | the cases in which the presumption referred to in paragraph 1 of this Article shall not apply; |
| --- | --- |

(a)

the cases in which the presumption referred to in paragraph 1 of this Article shall not apply;

| (b) | the means by which the Community status of goods may be established. |
| --- | --- |

(b)

the means by which the Community status of goods may be established.

Article 108

Loss of Community status

Community goods shall become non-Community goods in the following cases:

| (a) | where they are moved out of the customs territory of the Community, in so far as the rules on internal transit or Article 109 do not apply; |
| --- | --- |

(a)

where they are moved out of the customs territory of the Community, in so far as the rules on internal transit or Article 109 do not apply;

| (b) | where they have been placed under the external transit, storage or inward processing procedure, in so far as the customs legislation so allows; |
| --- | --- |

(b)

where they have been placed under the external transit, storage or inward processing procedure, in so far as the customs legislation so allows;

| (c) | where they have been placed under the end-use procedure and are subsequently abandoned to the State; |
| --- | --- |

(c)

where they have been placed under the end-use procedure and are subsequently abandoned to the State;

| d) | where the declaration for release for free circulation is invalidated after release in accordance with measures adopted pursuant to the second subparagraph of Article 117(2). |
| --- | --- |

d)

where the declaration for release for free circulation is invalidated after release in accordance with measures adopted pursuant to the second subparagraph of Article 117(2).

Article 109

Goods leaving the customs territory temporarily

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions under which Community goods may move, without being subject to a customs procedure, from one point to another within the customs territory of the Community and temporarily out of that territory without alteration of their customs status.

CHAPTER 2

CUSTOMS DECLARATION

Section 1

General provisions

Article 110

Declaration of goods, supervision of Community goods

1.   All goods intended to be placed under a customs procedure, except for the free zone procedure, shall be covered by a customs declaration appropriate for the particular procedure.

2.   Community goods declared for a customs procedure shall be subject to customs supervision from the time of acceptance of the declaration referred to in paragraph 1 until such time as they leave the customs territory of the Community or are abandoned to the State or the customs declaration is invalidated in accordance with Article 117.

Article 111

Competent customs offices

1.   Except where Community legislation provides otherwise, Member States shall determine the location and competence of the various customs offices situated in their territory and shall ensure that reasonable days and hours are appointed for the opening of these offices.

In doing so, the Member States shall take into account the nature of the traffic and of the goods and the customs procedure under which they are to be placed, so that the flow of international traffic is neither hindered nor distorted.

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the establishment of the following competent customs offices:

| (a) | the customs office at which a customs declaration shall be lodged or made available; |
| --- | --- |

(a)

the customs office at which a customs declaration shall be lodged or made available;

| (b) | the customs office where risk analysis and risk-based import or export controls are to be carried out. |
| --- | --- |

(b)

the customs office where risk analysis and risk-based import or export controls are to be carried out.

Article 112

Types of customs declaration

1.   The customs declaration shall be lodged using an electronic data-processing technique.

The supporting documents required for the application of the provisions governing the customs procedure for which the goods are declared may also be lodged or made available by this technique.

2.   By derogation from paragraph 1, and where this is provided for, the customs declaration may be lodged in writing or by means of an oral declaration or any other act whereby goods can be placed under a customs procedure.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

Section 2

Standard declarations

Article 113

Content of a declaration, supporting documents

1.   Customs declarations shall contain all the particulars necessary for application of the provisions governing the customs procedure for which the goods are declared. Declarations made using a data processing technique shall contain an electronic signature or other means of authentication. Declarations in writing shall be signed.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the specifications to which customs declarations must correspond.

2.   The electronic or written documents required for the application of the provisions governing the customs procedure for which the goods are declared shall be available to the customs authorities at the time the declaration is lodged.

However, upon request, the customs authorities may allow those documents to be made available after release of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first and second subparagraphs of this paragraph.

Article 114

Acceptance of a declaration

1.   Declarations which comply with the conditions laid down in Article 113 shall be accepted by the customs authorities immediately, provided that the goods to which they refer are available for control by the customs authorities.

2.   Where, in accordance with measures adopted pursuant to Article 111(2), a customs declaration is lodged at an office other than the office at which the goods are presented, the declaration may be accepted when the office at which the goods are presented confirms the availability of goods for control.

3.   The date of acceptance of the customs declaration by the customs authorities shall, except where otherwise provided, be the date to be used for the application of the provisions governing the customs procedure for which the goods are declared and for all other import and export formalities.

Article 115

Declarant

1.   A customs declaration may be made by any person who is able to present or make available all of the documents which are required for the application of the rules governing the customs procedure in respect of which the goods are declared. This person shall also be able to present the goods in question or to have them presented to the competent customs office.

However, where acceptance of a customs declaration imposes particular obligations on a specific person, the declaration must be made by that person or on his behalf.

2.   The declarant must be established in the customs territory of the Community.

However, persons who:

| — | lodge a transit or a temporary-admission declaration; |
| --- | --- |

—

lodge a transit or a temporary-admission declaration;

| — | declare goods occasionally, provided that the customs authorities deem this justified shall not be required to be established within the Community. |
| --- | --- |

—

declare goods occasionally, provided that the customs authorities deem this justified shall not be required to be established within the Community.

Article 116

Amendment of a declaration

The declarant shall, at his request, be permitted to amend one or more of the particulars of the declaration after the declaration has been accepted by customs. The amendment shall not render the declaration applicable to goods other than those it originally covered.

No amendment shall be permitted where it is requested after any of the following events:

| (a) | the customs authorities have informed the declarant that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the declarant that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have released the goods. |
| --- | --- |

(c)

the customs authorities have released the goods.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second paragraph of this Article.

Article 117

Invalidation of a declaration

1.   The customs authorities shall, at the request of the declarant, invalidate a declaration already accepted in the following cases:

| (a) | where they are satisfied that the goods are immediately to be placed under another customs procedure; |
| --- | --- |

(a)

where they are satisfied that the goods are immediately to be placed under another customs procedure;

| (b) | where they are satisfied that as a result of special circumstances, the placing of the goods under the customs procedure for which they were declared is no longer justified. |
| --- | --- |

(b)

where they are satisfied that as a result of special circumstances, the placing of the goods under the customs procedure for which they were declared is no longer justified.

However, where the customs authorities have informed the declarant of their intention to examine the goods, a request for invalidation of the declaration shall not be accepted before the examination has taken place.

2.   The declaration shall not be invalidated after the goods have been released.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

3.   Invalidation of the declaration shall be without prejudice to the application of administrative or criminal penalties.

Section 3

Verification

Article 118

Verification of a declaration

1.   The customs authorities may, for the purpose of verifying the accuracy of the particulars contained in a declaration:

| (a) | examine the declaration and all of the written or electronic documents required for the application of the provisions of the customs procedure for which the goods are declared; |
| --- | --- |

(a)

examine the declaration and all of the written or electronic documents required for the application of the provisions of the customs procedure for which the goods are declared;

| (b) | require the declarant to present documents other than those referred to in point (a); |
| --- | --- |

(b)

require the declarant to present documents other than those referred to in point (a);

| (c) | examine the goods; |
| --- | --- |

(c)

examine the goods;

| (d) | take samples for analysis or for detailed examination of the goods. |
| --- | --- |

(d)

take samples for analysis or for detailed examination of the goods.

2.   The findings made by the customs authorities shall have the same conclusive force throughout the customs territory of the Community.

Article 119

Examination and sampling of goods

1.   Transport of the goods to the places where they are to be examined and samples are to be taken, and all the handling necessitated by such examination or taking of samples, shall be carried out by or under the responsibility of the declarant. The costs incurred shall be borne by the declarant.

2.   The declarant shall have the right to be present when the goods are examined and when samples are taken. Where the customs authorities have reasonable grounds, they may require the declarant to be present or represented when the goods are examined or samples are taken or to provide them with the assistance necessary to facilitate such examination or taking of samples.

3.   Provided that samples are taken in accordance with the provisions in force, the customs authorities shall not be liable for payment of any compensation in respect thereof but shall bear the costs of their analysis or examination.

Article 120

Partial examination and sampling of goods

1.   Where only part of the goods covered by a declaration are examined, or samples are taken, the results of the partial examination, or of the analysis or examination of the samples, shall be taken to apply to all the goods covered by the same declaration.

However, the declarant may request a further examination or sampling of the goods if he considers that the results of the partial examination, or of the analysis or examination of the samples taken, are not valid as regards the remainder of the goods declared. The request shall be granted, provided that the goods have not been released or that, if they have been released, the declarant proves that they have not been altered in any way.

2.   For the purposes of paragraph 1, where a declaration covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

Article 121

Results of the verification

1.   The results of verifying the declaration shall be used for the application of the provisions governing the customs procedure under which the goods are placed.

2.   Where the declaration is not verified, paragraph 1 shall apply on the basis of the particulars contained in the declaration.

Article 122

Identification measures

1.   The customs authorities or, where appropriate, authorized economic operators shall take the measures necessary to identify the goods where identification is required in order to ensure compliance with the conditions governing the customs procedure for which those goods have been declared.

Those identification measures shall have the same conclusive force throughout the customs territory of the Community.

2.   Means of identification affixed to the goods or means of transport shall be removed or destroyed only by the customs authorities or, where they are authorized to do so by the customs authorities, by economic operators, unless, as a result of unforeseeable circumstances or force majeure, their removal or destruction is essential to ensure the protection of the goods or the means of transport.

Section 4

Release

Article 123

Release of the goods

1.   Without prejudice to Article 124, where the conditions for placing the goods under the procedure concerned are fulfilled and provided that the goods are not subject to any prohibition or restriction, the customs authorities shall release the goods as soon as the particulars in the declaration have been verified or are accepted without verification.

The first subparagraph shall apply where a verification as referred to in Article 118 cannot be completed within a reasonable period of time and the goods are no longer required to be present for verification purposes.

2.   All the goods covered by the same declaration shall be released at the same time.

For the purposes of the first subparagraph, where a declaration covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

3.   Where the goods are presented, in accordance with the measures adopted pursuant to Article 111(2), at a customs office other than the office at which the customs declaration has been accepted, the offices involved shall exchange the information necessary for the release of the goods, without prejudice to controls related to security and safety.

Article 124

Release dependent upon payment of the customs debt or provision of a guarantee

1.   Where acceptance of a customs declaration gives rise to a customs debt, the release of the goods shall be conditional upon the payment of the debt or the provision of a guarantee to cover that debt.

However, without prejudice to paragraph 2, the first subparagraph shall not apply to temporary admission with partial relief from import duties.

2.   Where, pursuant to the provisions governing the customs procedure for which the goods are declared, the customs authorities require the provision of a guarantee, those goods shall not be released for the customs procedure in question until such guarantee is provided.

CHAPTER 3

SIMPLIFICATIONS RELATING TO CUSTOMS DECLARATIONS

Section 1

Simplified declarations

Article 125

Simplified declaration

The customs authorities shall permit
  an economic
  operator to have goods released on the basis of a simplified declaration.

The simplified declaration may take the form of an entry in the declarant's records, provided that the customs authorities have access to this data in the declarant's electronic system and that the requirements for the exchange of such data between customs offices can be met.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures concerning the following:

| (a) | the conditions under which the permission referred to in the first paragraph of this Article is given; |
| --- | --- |

(a)

the conditions under which the permission referred to in the first paragraph of this Article is given;

| (b) | the specifications to which the simplified declaration referred to in the first and second paragraphs of this Article must correspond. |
| --- | --- |

(b)

the specifications to which the simplified declaration referred to in the first and second paragraphs of this Article must correspond.

Article 126

Waiver of obligations of the declarant

When goods are released in accordance with Article 125, the customs authorities may, without prejudice to the legal obligations of the declarant, waive the obligation to present the goods to customs.

Article 127

Occasional simplified declaration

Where the use of a simplified declaration is requested on an occasional basis, the customs office at which the declaration is lodged may accept it without an authorization being granted.

Article 128

Supplementary declaration

1.   In the case of a simplified declaration pursuant to Article 125 or 127, the declarant permitted to make a simplified declaration shall furnish a supplementary declaration containing the further particulars necessary to constitute a customs declaration for the customs procedure concerned.

In the case of a declaration authorized under Article 125, the supplementary declaration may be of a general, periodic or recapitulative nature.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

2.   The supplementary declaration and the simplified declaration referred to in Article 125(1) shall be deemed to constitute a single, indivisible instrument taking effect on the date on which the simplified declaration is accepted in accordance with Article 114.

Where the simplified declaration takes the form of an entry in the economic operator's records and access to this data by the customs authorities, the declaration shall take effect from the date on which the goods are entered into the records.

3.   The place where the supplementary declaration is to be lodged in accordance with the authorization shall be deemed, for the purposes of Article 60, to be the place where the customs declaration has been lodged.

Article 129

Application of the rules for standard declarations

Articles 113 to 122 shall apply mutatis mutandis to simplified and supplementary declarations.

Section 2

Other simplifications

Article 130

Facilitation of classification

The customs authorities may, at the request of the declarant, agree that a single or aggregate tariff subheading is applied to a whole consignment, provided that the consignment is made up of goods falling within different tariff subheadings and that dealing with each of those goods in accordance with its tariff classification for the purpose of drawing up the customs declaration would entail a burden of work and expense disproportionate to the import or export measures involved.

However, where import or export duties are payable, the amount to be collected shall not be less than that which would have been paid if all of the items had been classified individually.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first and second subparagraphs of this Article.

CHAPTER 4

DISPOSAL OF GOODS

Article 131

Destruction of goods

Where the circumstances so require, the customs authorities may require goods presented to customs to be destroyed and shall inform the holder of the goods accordingly. The costs of destruction shall be borne by the holder of the goods.

Article 132

Measures to be taken by the customs authorities

1.   The customs authorities shall take any necessary measures, including destruction, to dispose of goods in the following cases:

| (a) | where the goods have been brought unlawfully into the customs territory of the Community or have been withheld from customs supervision; |
| --- | --- |

(a)

where the goods have been brought unlawfully into the customs territory of the Community or have been withheld from customs supervision;

| (b) | where the goods cannot be released for any of the following reasons:






  (i) | it has not been possible to undertake or continue examination of the goods within the period prescribed by the customs authorities for reasons attributable to the declarant; |
| --- | --- | --- |

(b)

where the goods cannot be released for any of the following reasons:

(i)

it has not been possible to undertake or continue examination of the goods within the period prescribed by the customs authorities for reasons attributable to the declarant;

| (ii) | the documents which must be produced before the goods can be placed under, or released for, the customs procedure requested have not been made available; |
| --- | --- |

(ii)

the documents which must be produced before the goods can be placed under, or released for, the customs procedure requested have not been made available;

| (iii) | payments or a guarantee which should have been made or provided in respect of import or export duties, as the case may be, have not been made or provided within the period prescribed; |
| --- | --- |

(iii)

payments or a guarantee which should have been made or provided in respect of import or export duties, as the case may be, have not been made or provided within the period prescribed;

| (iv) | they are subject to prohibitions or restrictions, including those related to security and safety; |
| --- | --- |

(iv)

they are subject to prohibitions or restrictions, including those related to security and safety;

| (c) | where the goods have not been removed within a reasonable period after their release; |
| --- | --- |

(c)

where the goods have not been removed within a reasonable period after their release;

| (d) | where after their release, the goods are found not to have fulfilled the conditions for that release; |
| --- | --- |

(d)

where after their release, the goods are found not to have fulfilled the conditions for that release;

| (e) | where goods are abandoned to the State. |
| --- | --- |

(e)

where goods are abandoned to the State.

2.   Non-Community goods which have been abandoned to the State, seized or confiscated shall be deemed to be placed under the temporary storage procedure.

Article 133

Abandonment

1.   Non-Community goods and end-use goods may be abandoned to the State by the holder of the procedure or, where applicable, the holder of the goods.

2.   Abandonment shall not entail any expense for the State. The holder of the procedure or, where applicable, the holder of goods, shall bear the costs of any destruction or other disposal of goods.

Article 134

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of this Chapter.

TITLE VI

RELEASE FOR FREE CIRCULATION AND RELIEF FROM IMPORT DUTIES

CHAPTER 1

RELEASE FOR FREE CIRCULATION

Article 135

Scope and effect

1.   Non-Community goods intended to be put on the Community market shall be placed under release for free circulation.

2.   Release for free circulation shall entail the following:

| (a) | the application of commercial policy measures in so far as they do not have to be applied at an earlier stage; |
| --- | --- |

(a)

the application of commercial policy measures in so far as they do not have to be applied at an earlier stage;

| (b) | the collection of any import duties; |
| --- | --- |

(b)

the collection of any import duties;

| (c) | the collection of VAT and excise charges as provided for under the VAT and excise provisions in force; |
| --- | --- |

(c)

the collection of VAT and excise charges as provided for under the VAT and excise provisions in force;

| (d) | completion of the other formalities laid down in respect of the importation of goods. |
| --- | --- |

(d)

completion of the other formalities laid down in respect of the importation of goods.

3.   Release for free circulation shall confer on non-Community goods the customs status of Community goods.

CHAPTER 2

RELIEF FROM IMPORT DUTIES

Section 1

Returned goods

Article 136

Scope and effect

1.   Community goods which, having been exported from the customs territory of the Community, are returned to that territory within a period of three years and declared for release for free circulation shall, at the request of the person concerned, be granted relief from import duties.

2.   The three-year period referred to in paragraph 1 may be exceeded in order to take account of special circumstances.

3.   Where, prior to their export from the customs territory of the Community, the returned goods had been released for free circulation duty-free or at a reduced rate of import duty because of a particular end-use, relief from duty under paragraph 1 shall be granted only if they are to be released for free circulation for the same end-use.

Where the end-use for which the goods in question are to be released for free circulation is no longer the same, the amount of import duties shall be reduced by any amount collected on the goods when they were first released for free circulation. Should the latter amount exceed that levied on the release for free circulation of the returned goods, no repayment shall be granted.

4.   Where Community goods have lost their Community status pursuant to Article 108 and are subsequently released for free circulation, paragraphs 1, 2 and 3 of this Article shall apply mutatis mutandis.

Article 137

Cases in which no relief from import duties is granted

The relief from import duties provided for in Article 136 shall not be granted in the following cases:

| (a) | goods exported from the customs territory of the Community under the outward processing procedure, unless those goods remain in the state in which they were exported; |
| --- | --- |

(a)

goods exported from the customs territory of the Community under the outward processing procedure, unless those goods remain in the state in which they were exported;

| (b) | goods which have benefited from agricultural policy measures involving their export out of the customs territory of the Community. |
| --- | --- |

(b)

goods which have benefited from agricultural policy measures involving their export out of the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down derogations from the first paragraph of this Article.

Article 138

State of the goods

The relief from import duties provided for in Article 136 shall be granted only if goods are re-imported in the state in which they were exported.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down derogations from the first paragraph of this Article.

Article 139

Goods previously placed under the inward processing procedure

1.   Articles 136 and 138 shall apply mutatis mutandis to processed products placed under the inward processing procedure prior to being re-exported from the customs territory of the Community.

2.   At the request of the declarant and provided he submits the necessary information, the amount of import duty on the goods covered by paragraph 1 of this Article shall be determined in accordance with Article 58(3). The date of acceptance of the re-export notification shall be regarded as the date of release for free circulation.

3.   The relief from import duties provided for in Article 136 shall not be granted for processed products which were exported in accordance with point (b) of Article 149(2), unless it is ensured that no import goods will be placed under the inward processing procedure.

Section 2

Sea-fishing and products taken from the sea

Article 140

Products of sea-fishing and other products taken from the sea

1.   Without prejudice to Article 39(1), the following shall be exempt from import duties when they are released for free circulation:

| (a) | products of sea-fishing and other products taken from the territorial sea of a country or territory outside the customs territory of the Community by vessels solely registered or recorded in a Member State and flying the flag of that state; |
| --- | --- |

(a)

products of sea-fishing and other products taken from the territorial sea of a country or territory outside the customs territory of the Community by vessels solely registered or recorded in a Member State and flying the flag of that state;

| (b) | products obtained from products referred to in point (a) on board factory-ships fulfilling the conditions laid down in that point. |
| --- | --- |

(b)

products obtained from products referred to in point (a) on board factory-ships fulfilling the conditions laid down in that point.

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1 of this
  Article
  .

TITLE VII

SPECIAL PROCEDURES

CHAPTER 1

GENERAL PROVISIONS

Article 141

Scope

Goods may be placed under any of the following categories of special procedures:

| (a) | transit; |
| --- | --- |

(a)

transit;

| (b) | storage; |
| --- | --- |

(b)

storage;

| (c) | specific use; |
| --- | --- |

(c)

specific use;

| (d) | processing. |
| --- | --- |

(d)

processing.

Article 142

Authorization

1.   The use of the processing or specific use procedure or the operation of storage facilities for the temporary storage or customs warehousing of goods shall be conditional upon authorization being issued by the customs authorities.

The conditions under which the use of one or more special procedures is permitted shall be set out in the authorization.

An authorization may involve the customs authorities of more than one Member State (single authorization) or the use of more than one special procedure (integrated authorization).

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions and procedures under which authorizations may be granted.

2.   Except where otherwise provided for, the authorization referred to in paragraph 1 shall be granted only to the following persons:

| (a) | persons who are established in the customs territory of the Community, except for temporary admission, in which case the persons shall be established outside the customs territory of the Community; |
| --- | --- |

(a)

persons who are established in the customs territory of the Community, except for temporary admission, in which case the persons shall be established outside the customs territory of the Community;

| (b) | persons who offer every guarantee necessary for the proper conduct of the operations and, in cases where a customs debt or other charges may be incurred for goods placed under a special procedure, provide a guarantee in accordance with Article 61; |
| --- | --- |

(b)

persons who offer every guarantee necessary for the proper conduct of the operations and, in cases where a customs debt or other charges may be incurred for goods placed under a special procedure, provide a guarantee in accordance with Article 61;

| (c) | in the case of the temporary admission or inward processing procedure, the person who uses the goods or arranges for their use or who carries out processing operations on the goods or arranges for them to be carried out, respectively. |
| --- | --- |

(c)

in the case of the temporary admission or inward processing procedure, the person who uses the goods or arranges for their use or who carries out processing operations on the goods or arranges for them to be carried out, respectively.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from points (a), (b) and (c) of the first subparagraph of this paragraph.

3.   Except where otherwise provided for and in addition to paragraph 2, the authorization referred to in paragraph 1, shall be granted only where the following conditions are fulfilled:

| (a) | where the customs authorities are able to supervise and monitor the procedure without having to introduce administrative arrangements disproportionate to the economic needs involved; |
| --- | --- |

(a)

where the customs authorities are able to supervise and monitor the procedure without having to introduce administrative arrangements disproportionate to the economic needs involved;

| (b) | where the essential interests of Community producers would not be adversely affected by an authorization for the inward or outward processing or temporary admission procedure. |
| --- | --- |

(b)

where the essential interests of Community producers would not be adversely affected by an authorization for the inward or outward processing or temporary admission procedure.

The essential interests of Community producers shall be deemed not to be adversely affected, as referred to in point (b) of the first subparagraph of this paragraph, except where evidence to the contrary exists.

Where evidence exists that the essential interests of Community producers are likely to be adversely affected, an examination of the economic conditions shall take place in accordance with the procedure referred to in Article 194(4).

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the examination of the economic conditions.

4.   The holder of the authorization shall notify the customs authorities of all factors arising after the authorization was granted which may influence its continuation or content.

Article 143

Application

The application for an authorization shall be submitted to the customs authorities competent for the place where the applicant's main accounts for customs purposes are held.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the first paragraph of this Article.

Article 144

Records

1.   Except for the transit procedure, the holder of the authorization, the holder of the procedure, and all persons carrying on an activity involving the storage, working or processing of goods, or the sale or purchase of goods in free zones, shall keep records in a form approved by the customs authorities.

The records must enable the customs authorities to supervise the procedure concerned, in particular with regard to the identification of the goods placed under that procedure, their customs status and their movements.

2.   The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the obligation laid down in the first subparagraph of paragraph 1 of this Article.

Article 145

End or discharge of a procedure

1.   In cases other than the transit procedure and without prejudice to Article 175, a special procedure shall end or be discharged when the goods placed under the procedure, or the processed products, are placed under a subsequent customs procedure, have left the customs territory of the Community or are abandoned to the State.

2.   In the case of the transit procedure, the procedure and the obligations of the holder of the procedure shall end when the goods placed under the procedure and the required data are produced at the customs office of destination in accordance with the provisions of the procedure concerned.

That procedure and those obligations shall be discharged by the customs authorities when they are in a position to establish, on the basis of a comparison of the data available to the customs office of departure and that available to the customs office of destination, that the procedure has ended correctly.

Article 146

Transfer of rights and obligations

The rights and obligations of the holder of a procedure with regard to goods which have been placed under a special procedure other than transit may, under the conditions laid down by the customs authorities, be transferred to other persons who fulfil the conditions laid down for the procedure concerned.

Article 147

Movement of goods

Goods placed under a special procedure other than transit may be moved between different places in the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first paragraph of this Article.

Article 148

Usual forms of handling

Goods placed under customs warehousing or a processing procedure or in a free zone may undergo usual forms of handling intended to preserve them, improve their appearance or marketable quality or prepare them for distribution or resale.

Article 149

Equivalent goods

1.   Equivalent goods shall consist in Community goods which are stored, used or processed instead of the goods placed under a special procedure.

Under the outward processing procedure, equivalent goods shall consist in non-Community goods which are processed instead of Community goods placed under the outward processing procedure.

Equivalent goods shall have the same eight-digit Combined Nomenclature code, the same commercial quality and the same technical characteristics as the goods they are replacing.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the third subparagraph of this paragraph.

2.   The customs authorities shall authorize the following, provided that the proper conduct of the procedure, in particular as regards customs supervision, is ensured:

| (a) | the use of equivalent goods under a special procedure other than the transit, temporary admission and temporary storage procedure; |
| --- | --- |

(a)

the use of equivalent goods under a special procedure other than the transit, temporary admission and temporary storage procedure;

| (b) | in the case of the inward processing procedure, the exportation of processed products obtained from equivalent goods before the importation of the goods they are replacing; |
| --- | --- |

(b)

in the case of the inward processing procedure, the exportation of processed products obtained from equivalent goods before the importation of the goods they are replacing;

| (c) | in the case of the outward processing procedure, the importation of processed products obtained from equivalent goods before the exportation of the goods they are replacing. |
| --- | --- |

(c)

in the case of the outward processing procedure, the importation of processed products obtained from equivalent goods before the exportation of the goods they are replacing.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases in which the customs authorities may authorize the use of equivalent goods under temporary admission.

3.   The use of equivalent goods shall not be permitted in connection with usual forms of handling as defined in Article 148 or where it would lead to an unjustified import duty advantage.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  specifying additional cases where equivalent goods may not be used.

4.   In the case referred to in point (b) of paragraph 2 of this Article, and where the processed products would be liable to export duties if they were not being exported in the context of the inward processing procedure, the holder of the authorization shall provide a guarantee to ensure payment of the duties should the non-Community goods not be imported within the period referred to in Article 178(3).

Article 150

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the operation of the procedures under this Title.

CHAPTER 2

TRANSIT

Section 1

External and internal transit

Article 151

External transit

1.   Under the external transit procedure, non-Community goods may be moved from one point to another within the customs territory of the Community without being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down cases in which and the conditions under which Community goods shall be placed under external transit.

3.   Movement as referred to in paragraph 1 shall take place in one of the following ways:

| (a) | under the external Community transit procedure referred to in Article 153(1); |
| --- | --- |

(a)

under the external Community transit procedure referred to in Article 153(1);

| (b) | under cover of a TIR carnet (TIR Convention) provided that such movement:






  (i) | began or is to end outside the customs territory of the Community; |
| --- | --- | --- |

(b)

under cover of a TIR carnet (TIR Convention) provided that such movement:

(i)

began or is to end outside the customs territory of the Community;

| (ii) | is effected between two points in the customs territory of the Community through the territory of a country or territory outside the customs territory of the Community; |
| --- | --- |

(ii)

is effected between two points in the customs territory of the Community through the territory of a country or territory outside the customs territory of the Community;

| (c) | under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document; |
| --- | --- |

(c)

under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

| (d) | under cover of the Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine); |
| --- | --- |

(d)

under cover of the Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine);

| (e) | under cover of the form 302 provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951; |
| --- | --- |

(e)

under cover of the form 302 provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951;

| (f) | under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts; |
| --- | --- |

(f)

under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts;

| (g) | under cover of CIM consignment note or TR used as a transit document; |
| --- | --- |

(g)

under cover of CIM consignment note or TR used as a transit document;

4.   External transit shall apply without prejudice to Article 147.

Article 152

Internal transit

1.   Under the internal transit procedure, and under the conditions laid down in paragraphs 2 and 3, Community goods may be moved from one point to another within the customs territory of the Community, and pass through another territory outside that territory, without any change in their customs status.

2.   The movement referred to in paragraph 1 shall take place in one of the following ways:

| (a) | under the internal Community transit procedure, referred to in Article 153(2), provided that such a possibility is provided for in an international agreement; |
| --- | --- |

(a)

under the internal Community transit procedure, referred to in Article 153(2), provided that such a possibility is provided for in an international agreement;

| (b) | under cover of a TIR carnet (TIR Convention); |
| --- | --- |

(b)

under cover of a TIR carnet (TIR Convention);

| (c) | under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document; |
| --- | --- |

(c)

under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

| (d) | under cover of a Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine); |
| --- | --- |

(d)

under cover of a Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine);

| (e) | under cover of form 302 as provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the status of their Forces, signed in London on 19 June 1951; |
| --- | --- |

(e)

under cover of form 302 as provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the status of their Forces, signed in London on 19 June 1951;

| (f) | under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts; |
| --- | --- |

(f)

under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts;

| (g) | under cover of CIM consignment note or TR used as a transit document. |
| --- | --- |

(g)

under cover of CIM consignment note or TR used as a transit document.

3.   In the cases referred to in points (b) to (f) of paragraph 2, goods shall keep their customs status as Community goods only if that status is established under certain conditions and in a certain form.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions for and the form of the establishment of that customs status.

Section 2

Community transit

Article 153

Scope

1.   Under the external Community transit procedure, the goods referred to in Article 151(1) and (2) may be moved in accordance with that Article and Articles 154 and 155.

2.   Under the internal Community transit procedure, the goods referred to in Article 152(1) may be moved in accordance with that Article and Article 154.

Article 154

Obligations of the holder of the Community transit procedure

1.   The holder of the Community transit procedure shall be responsible for the following:

| (a) | presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification; |
| --- | --- |

(a)

presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification;

| (b) | observance of the customs provisions relating to the procedure; |
| --- | --- |

(b)

observance of the customs provisions relating to the procedure;

| (c) | unless otherwise provided for in the customs legislation, provision of a guarantee in order to ensure payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred in respect of the goods. |
| --- | --- |

(c)

unless otherwise provided for in the customs legislation, provision of a guarantee in order to ensure payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred in respect of the goods.

2.   A carrier or recipient of goods who accepts goods knowing that they are moving under the Community transit procedure shall also be responsible for presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification.

Article 155

Goods passing through the territory of a country outside of the customs territory of the Community under the external Community transit procedure

The external Community transit procedure shall apply to goods passing through a territory outside the customs territory of the Community if one of the following conditions is satisfied:

| (a) | provision is made to that effect under an international agreement; |
| --- | --- |

(a)

provision is made to that effect under an international agreement;

| (b) | carriage through that territory is effected under cover of a single transport document drawn up in the customs territory of the Community. |
| --- | --- |

(b)

carriage through that territory is effected under cover of a single transport document drawn up in the customs territory of the Community.

In the case referred to in point (b) of the first paragraph, the operation of the external Community transit procedure shall be suspended while the goods are outside the customs territory of the Community.

CHAPTER 3

STORAGE

Section 1

Common provisions

Article 156

Scope

1.   For the purposes of this Chapter, ‘storage’ shall comprise the temporary storage, customs warehousing and free zone procedures.

2.   Under a storage procedure, non-Community goods may be stored in the customs territory of the Community without being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

3.   Community goods may be placed under the customs warehousing or free zone procedure in accordance with Community legislation governing specific fields.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down further cases in which, and the conditions under which, Community goods may be placed under the customs warehousing or free zone procedures.

Article 157

Responsibilities of the holder of the authorization or procedure

1.   The holder of the authorization and the holder of the procedure shall be responsible for the following:

| (a) | ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision; |
| --- | --- |

(a)

ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;

| (b) | fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures; |
| --- | --- |

(b)

fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;

| (c) | complying with the particular conditions specified in the authorization for the customs warehousing procedure or for operation of the storage facilities. |
| --- | --- |

(c)

complying with the particular conditions specified in the authorization for the customs warehousing procedure or for operation of the storage facilities.

2.   By way of derogation from paragraph 1, where the authorization concerns a public customs warehouse, it may provide that the responsibilities referred to in points (a) or (b) of paragraph 1 devolve exclusively upon the holder of the procedure. In this case the customs authorities may require the holder of the procedure to provide a guarantee with a view to ensuring payment of any customs debt and other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred.

3.   The holder of the procedure shall at all times be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.

Article 158

Period for discharge

There shall be no limit to the length of time goods may remain under a storage procedure.

However, in exceptional cases, the customs authorities may set a time limit by which a storage procedure must be discharged.

Section 2

Temporary storage

Article 159

Goods in temporary storage

1.   Where not otherwise declared for a customs procedure, the following non-Community goods shall be deemed to be declared for the temporary storage procedure by the holder of the goods after their presentation to customs:

| (a) | goods which are brought into the customs territory of the Community, other than directly into a free zone; |
| --- | --- |

(a)

goods which are brought into the customs territory of the Community, other than directly into a free zone;

| (b) | goods which are brought into another part of the customs territory of the Community from a free zone; |
| --- | --- |

(b)

goods which are brought into another part of the customs territory of the Community from a free zone;

| (c) | goods for which the external transit procedure is ended. |
| --- | --- |

(c)

goods for which the external transit procedure is ended.

The customs declaration shall be considered to have been lodged and accepted by the customs authorities at the moment of presentation of the goods to customs.

2.   The import summary declaration shall constitute the customs declaration for the temporary storage procedure.

3.   The customs authorities may require the holder of the goods to provide a guarantee with a view to ensuring payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred.

4.   Where, for any reason, goods cannot be released for the temporary storage procedure, the customs authorities shall without delay take all measures necessary to regularize the situation of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first subparagraph of this paragraph.

Article 160

Handling of goods in temporary storage

1.   Goods under the temporary storage procedure shall be stored only in authorized temporary storage facilities.

2.   Without prejudice to the provisions of Article 97(2), goods under the temporary storage procedure shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics.

Section 3

Customs warehousing

Article 161

Storage in customs warehouses

1.   Under the customs warehousing procedure, non-Community goods may be stored in facilities authorized for that procedure by and under the supervision of the customs authorities, hereinafter ‘customs warehouses’.

2.   The facilities authorized may be available for use by any person for the warehousing of goods (public customs warehouse), or for the storage of goods by the holder of an authorization for customs warehousing (private customs warehouse).

3.   Where circumstances so warrant, goods placed under the customs warehousing procedure may be temporarily removed from the customs warehouse. Such removal must, except in case of force majeure, be authorized in advance by the customs authorities.

Article 162

Community goods and processing activities

1.   The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorize the following to take place on the premises of a customs warehouse:

| (a) | storage of Community goods; |
| --- | --- |

(a)

storage of Community goods;

| (b) | processing of goods under the inward processing or end-use procedure, subject to the conditions provided for by these procedures. |
| --- | --- |

(b)

processing of goods under the inward processing or end-use procedure, subject to the conditions provided for by these procedures.

2.   In the cases referred to in paragraph 1, the goods shall not be regarded as being under the customs warehousing procedure.

Section 4

Free zones

Article 163

Designation of free zones

1.   Member States may designate parts of the customs territory of the Community situated in that territory and separated from the rest of it as free zones.

For each free zone the Member State shall determine the area covered and define the entry and exit points.

2.   Free zones shall be enclosed.

The perimeter and the entry and exit points of the area of free zones shall be subject to supervision by the customs authorities.

3.   Persons and means of transport entering or leaving free zones may be subject to customs controls.

Article 164

Buildings and activities in free zones

1.   The construction of any building in a free zone shall require the prior approval of the customs authorities.

2.   Subject to customs legislation, any industrial, commercial or service activity shall be permitted in a free zone. The carrying on of such activities shall be subject to notification, in advance, to the customs authorities.

3.   The customs authorities may impose prohibitions or restrictions on the activities referred to in paragraph 2, having regard to the nature of the goods in question, or the requirements of customs supervision, or security or safety requirements.

4.   The customs authorities may prohibit persons who do not provide the necessary guarantees of compliance with the customs provisions from carrying on an activity in a free zone.

Article 165

Other customs procedures in a free zone

1.   Non-Community goods may, while they remain in a free zone, be released for free circulation or be placed under the inward processing or a specific use procedure, under the conditions laid down for these procedures.

2.   In the cases referred to in paragraph 1, the goods shall not be regarded as being under the free zone procedure.

Article 166

Presentation of goods and their placement under the procedure

1.   Goods brought into a free zone shall be presented to customs and undergo the prescribed customs formalities in the following cases:

| (a) | where they are brought into the free zone directly from outside the customs territory of the Community; |
| --- | --- |

(a)

where they are brought into the free zone directly from outside the customs territory of the Community;

| (b) | where they have been placed under a customs procedure which is ended or discharged when they are placed under the free zone procedure; |
| --- | --- |

(b)

where they have been placed under a customs procedure which is ended or discharged when they are placed under the free zone procedure;

| (c) | where they are placed under the free zone procedure in order to benefit from a decision granting repayment or remission of import duties; |
| --- | --- |

(c)

where they are placed under the free zone procedure in order to benefit from a decision granting repayment or remission of import duties;

| (d) | where they qualify for agricultural policy measures involving the export of such goods. |
| --- | --- |

(d)

where they qualify for agricultural policy measures involving the export of such goods.

2.   Goods brought into a free zone in circumstances other than those covered by paragraph 1 need not be presented to customs.

3.   Goods are deemed to be placed under the free zone procedure at the moment of their entry into a free zone, unless they have already been placed under another customs procedure.

Article 167

Community goods in free zones

1.   Community goods may be entered, stored, moved, used, processed or consumed in a free zone. In such cases the goods shall not be regarded as being under the free zone procedure.

2.   At the request of the person concerned, the customs authorities shall certify the Community status of the following goods:

| (a) | Community goods which enter into a free zone; |
| --- | --- |

(a)

Community goods which enter into a free zone;

| (b) | Community goods which have undergone processing operations within a free zone; |
| --- | --- |

(b)

Community goods which have undergone processing operations within a free zone;

| (c) | goods released for free circulation within a free zone. |
| --- | --- |

(c)

goods released for free circulation within a free zone.

Article 168

Consumption or processing of non-Community goods

1.   Non-Community goods shall not be consumed, used or processed in free zones except in cases provided for in Article 165.

2.   Without prejudice to the provisions applicable to supplies or to victualling storage within the meaning of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products
   (17), where the procedure concerned so provides, paragraph 1 shall not preclude the use or consumption of goods of which the release for free circulation or temporary admission would not entail application of import duties or measures under the common agricultural or commercial policy.

In the case of such use or consumption, no declaration for the release for free circulation or temporary admission procedure shall be required.

Such declaration shall, however, be required if such goods are subject to a tariff quota or ceiling.

Article 169

Export, re-export and bringing of goods into another part of the customs territory of the Community

Without prejudice to Community legislation governing specific fields, goods in a free zone may be exported or re-exported from the customs territory of the Community, or brought into another part of the customs territory of the Community.

Articles 97 to 104 shall apply mutatis mutandis to goods brought into other parts of the customs territory of the Community.

Article 170

Customs status of goods returning to another part of the customs territory of the Community

1.   Where goods are returned from a free zone to another part of the customs territory of the Community, the certificate referred to in Article 167(2) may be used as proof of the Community status of such goods.

2.   Where the Community status of goods is not proved pursuant to paragraph 1 or by any other approved document, the goods shall be regarded as non-Community goods.

However, for the purposes of applying export duties and export licences or export measures laid down under the commercial or agricultural policy, the goods shall be regarded as Community goods.

CHAPTER 4

SPECIFIC USE

Section 1

Temporary admission

Article 171

Scope

1.   Under the temporary admission procedure non-Community goods may be used in the customs territory of the Community, with total or partial relief from import duties, and excise duties as provided for under the excise provisions in force, without being subject to commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

Where the goods benefit from total relief from import duties, they shall, in accordance with
  the provisions
  in force, also benefit from relief from
  other import charges
  .

2.   The temporary admission procedure may only be used provided that the following conditions are met:

| (a) | the re-export of the goods is intended; |
| --- | --- |

(a)

the re-export of the goods is intended;

| (b) | the goods are not intended to undergo any change, except normal depreciation due to the use made of them; |
| --- | --- |

(b)

the goods are not intended to undergo any change, except normal depreciation due to the use made of them;

| (c) | it is possible to ensure that the goods placed under the procedure can be identified, except where, in view of the nature of the goods or of the operations to be carried out, the absence of identification measures is not liable to give rise to any abuse of the procedure or, in the case referred to in Article 149, where compliance with the conditions laid down in respect of equivalent goods can be verified. |
| --- | --- |

(c)

it is possible to ensure that the goods placed under the procedure can be identified, except where, in view of the nature of the goods or of the operations to be carried out, the absence of identification measures is not liable to give rise to any abuse of the procedure or, in the case referred to in Article 149, where compliance with the conditions laid down in respect of equivalent goods can be verified.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (a) of the first subparagraph of this paragraph.

Article 172

Period during which goods may remain under temporary admission

1.   The customs authorities shall determine the period within which goods placed under the temporary admission procedure must have been re-exported or placed under a subsequent customs procedure. Such period must be long enough for the objective of authorized use to be achieved.

2.   The maximum period during which goods may remain under the temporary admission procedure for the same purpose and under the responsibility of the same holder of the authorization shall be 24 months, even where the procedure was discharged by placing the goods under a subsequent customs procedure and subsequently placing them under the temporary admission procedure again.

3.   Where, in exceptional circumstances, the authorized use cannot be achieved within the periods referred to in paragraphs 1 and 2, the customs authorities may, at the request of the holder of the authorization, extend those periods.

Article 173

Situations covered by temporary admission

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases in which, and the conditions under which, the temporary admission procedure may be used and total or partial relief from import duties may be granted.

In adopting these measures, account shall be taken of international agreements and of the nature and the use of the goods.

Article 174

Amount of import duties in case of temporary admission with partial relief from import duties

1.   The amount of import duties in respect of goods placed under the temporary admission procedure with partial relief from import duties shall be set at 3 % of the amount of import duties which would have been payable on those goods had they been released for free circulation on the date on which they were placed under the temporary admission procedure.

That amount shall be payable for every month or fraction of a month during which the goods have been placed under temporary admission with partial relief.

2.   The amount of import duties shall not exceed that which would have been payable if the goods in question had been released for free circulation on the date on which they were placed under the temporary admission procedure.

Section 2

End-use

Article 175

Customs supervision under the end-use procedure

1.   Under the end-use procedure, goods may be released for free circulation under a duty exemption or at a reduced rate of duty on account of their end-use. They shall remain under customs supervision.

2.   Customs supervision under the end-use procedure shall end in the following cases:

| (a) | where the goods have been used for the purposes laid down for the application of the duty exemption or reduced rate of duty; |
| --- | --- |

(a)

where the goods have been used for the purposes laid down for the application of the duty exemption or reduced rate of duty;

| (b) | where the goods are exported, destroyed or abandoned to the State; |
| --- | --- |

(b)

where the goods are exported, destroyed or abandoned to the State;

| (c) | where the goods have been used for purposes other than those laid down for the application of the duty exemption or reduced duty rate and the applicable import duties have been paid. |
| --- | --- |

(c)

where the goods have been used for purposes other than those laid down for the application of the duty exemption or reduced duty rate and the applicable import duties have been paid.

CHAPTER 5

PROCESSING

Section 1

General provisions

Article 176

Rate of yield

Except where a rate of yield has been specified in Community legislation governing specific fields, the customs authorities shall set either the rate of yield or average rate of yield of the operation carried out under the processing procedure or where appropriate, the method of determining such rate.

The rate of yield or average rate of yield shall be determined on the basis of the actual circumstances in which processing operations are, or are to be, carried out. This rate may be adjusted subsequently, where appropriate.

Section 2

Inward processing

Article 177

Scope

1.   Without prejudice to Article 149, under the inward processing procedure non-Community goods may be used in the customs territory of the Community in one or more processing operations without such goods being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

2.   The inward processing procedure may be used in cases other than repair only where, without prejudice to the use of production accessories, the goods placed under the procedure can be identified in the processed products.

In the case referred to in Article 149, the procedure may be used where compliance with the conditions laid down in respect of equivalent goods can be verified.

3.   In addition to paragraphs 1 and 2, the inward processing procedure shall also apply to the following goods:

| (a) | goods which have to undergo operations to ensure their compliance with technical provisions for their release for free circulation; |
| --- | --- |

(a)

goods which have to undergo operations to ensure their compliance with technical provisions for their release for free circulation;

| (b) | goods which have to undergo usual forms of handling in accordance with Article 148. |
| --- | --- |

(b)

goods which have to undergo usual forms of handling in accordance with Article 148.

Article 178

Period for discharge

1.   The customs authorities shall specify the period within which the goods placed under the inward processing procedure, or processed products, are to be placed under a subsequent customs procedure, unless they are destroyed and no waste remains.

That period shall run from the date on which the non-Community goods are placed under the procedure and shall take account of the time required to carry out the processing operations and to place the processed products under a subsequent customs procedure.

2.   The customs authorities may grant an extension of the period specified pursuant to paragraph 1, on submission of a duly substantiated application by the holder of the authorization.

The authorization may specify that a period which commences in the course of a calendar month, quarter or semester shall end on the last day of a subsequent calendar month, quarter or semester respectively.

3.   In cases of prior exportation in accordance with point (b) of Article 149(2), the customs authorities shall specify the period within which the non-Community goods must be declared for the procedure. That period shall run from the date of acceptance of the export declaration relating to the processed products obtained from the corresponding equivalent goods.

Article 179

Temporary re-export for further processing

Subject to prior authorization by the customs authorities, some or all of the goods placed under the inward processing procedure, or the processed products, may be temporarily re-exported for the purpose of further processing outside the customs territory of the Community, in accordance with the conditions laid down for the outward processing procedure.

Section 3

Outward processing

Article 180

Scope

1.   Under the outward processing procedure Community goods may be temporarily exported from the customs territory of the Community in order to undergo processing operations. The processed products resulting from those goods may be released for free circulation with total or partial relief from import duties.

2.   Outward processing shall not be allowed for the following Community goods:

| (a) | goods the export of which gives rise to repayment or remission of import duties; |
| --- | --- |

(a)

goods the export of which gives rise to repayment or remission of import duties;

| (b) | goods which, prior to exportation, were released for free circulation under a duty exemption or at a reduced rate of duty by virtue of their end-use, for as long as the purposes of such end-use have not been fulfilled, unless these goods have to undergo repair operations; |
| --- | --- |

(b)

goods which, prior to exportation, were released for free circulation under a duty exemption or at a reduced rate of duty by virtue of their end-use, for as long as the purposes of such end-use have not been fulfilled, unless these goods have to undergo repair operations;

| (c) | goods the export of which gives rise to the granting of export refunds; |
| --- | --- |

(c)

goods the export of which gives rise to the granting of export refunds;

| (d) | goods in respect of which a financial advantage other than refunds referred to in point (c) is granted under the common agricultural policy by virtue of the exportation of those goods. |
| --- | --- |

(d)

goods in respect of which a financial advantage other than refunds referred to in point (c) is granted under the common agricultural policy by virtue of the exportation of those goods.

3.   Where the processed products are declared for release for free circulation by the holder of the authorization, total or partial relief from import duties as referred to in paragraph 1 shall be granted, at his request.

4.   In cases not covered by Articles 181 and 182 and where ad valorem duties are involved, the amount of the import duty shall be calculated on the basis of the cost of the processing operation undertaken outside the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules for such calculation and the rules where specific duties are involved.

5.   The customs authorities shall specify the period within which goods temporarily exported must be re-imported into the customs territory of the Community in the form of processed products, and placed under release for free circulation, in order to be able to benefit from total or partial relief from import duties. They may extend that period on submission of a duly substantiated request by the holder of the authorization.

Article 181

Repaired goods

1.   Where it is established to the satisfaction of the customs authorities that goods have been repaired free of charge, either because of a contractual or statutory obligation arising from a guarantee or because of a manufacturing defect, they shall be eligible for total relief from import duties.

2.   Paragraph 1 shall not apply where account was taken of the manufacturing defect at the time when the goods in question were first released for free circulation.

Article 182

Standard exchange system

1.   Under the standard exchange system an imported product, hereinafter referred to as a replacement product, may, in accordance with paragraphs 2 to 5, replace a processed product.

2.   The customs authorities shall authorize the standard exchange system to be used where the processing operation involves the repair of Community goods other than those subject to the common agricultural policy measures or to the specific arrangements applicable to certain goods resulting from the processing of agricultural products.

3.   Replacement products shall have the same eight digit Combined Nomenclature code, the same commercial quality and the same technical characteristics as the defective goods had the latter undergone repair.

4.   Where the defective goods have been used before export, the replacement products must also have been used.

The customs authorities shall, however, waive the requirement set out in the first subparagraph if the replacement product has been supplied free of charge, either because of a contractual or statutory obligation arising from a guarantee or because of a manufacturing defect.

5.   The provisions which would be applicable to the processed products shall apply to the replacement products.

Article 183

Prior importation of replacement products

1.   The customs authorities shall, under the conditions they lay down, authorize replacement products to be imported before the defective goods are exported.

In the event of such prior importation of a replacement product, a guarantee shall be provided covering the amount of the import duties that would be payable should the defective goods not be exported in accordance with paragraph 2.

2.   The defective goods shall be exported within a period of two months from the date of acceptance by the customs authorities of the declaration for the release for free circulation of the replacement products.

3.   Where, in exceptional circumstances, the defective goods cannot be exported within the period referred to in paragraph 2, the customs authorities may, at the request of the person concerned, extend that period.

TITLE VIII

DEPARTURE OF GOODS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY

CHAPTER 1

GOODS LEAVING THE CUSTOMS TERRITORY

Article 184

Obligation to lodge pre-departure declaration

1.   Goods destined to leave the customs territory of the Community shall be covered by a pre-departure declaration lodged or made available at the competent customs office before the goods are to be brought out of the customs territory of the Community.

However, the first subparagraph shall not apply to goods carried on means of transport which only pass through the territorial waters or the airspace of the customs territory of the Community without a stop therein.

2.   Where a customs declaration, or a re-export notification in accordance with Article 188, is required, that declaration or notification shall constitute the pre-departure declaration.

Where neither a customs declaration nor a re-export notification is required, the pre-departure declaration shall take the form of the exit summary declaration referred to in Article 189.

3.   The pre-departure declaration shall contain at least the particulars necessary for the exit summary declaration.

Article 185

Measures establishing certain details

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  concerning the following:

| (a) | the cases in which, and the conditions under which, goods leaving the customs territory of the Community are not subject to a pre-departure declaration; |
| --- | --- |

(a)

the cases in which, and the conditions under which, goods leaving the customs territory of the Community are not subject to a pre-departure declaration;

| (b) | the conditions under which the requirement for a pre-departure declaration may be waived or adapted; |
| --- | --- |

(b)

the conditions under which the requirement for a pre-departure declaration may be waived or adapted;

| (c) | the deadline by which the pre-departure declaration shall be lodged or made available before the goods are brought out of the customs territory of the Community; |
| --- | --- |

(c)

the deadline by which the pre-departure declaration shall be lodged or made available before the goods are brought out of the customs territory of the Community;

| (d) | any exceptions from and variations to the deadline referred to in point (c); |
| --- | --- |

(d)

any exceptions from and variations to the deadline referred to in point (c);

| (e) | the determination of the competent customs office at which the pre-departure declaration shall be lodged or made available and where risk analysis and risk-based export and exit controls are to be carried out. |
| --- | --- |

(e)

the determination of the competent customs office at which the pre-departure declaration shall be lodged or made available and where risk analysis and risk-based export and exit controls are to be carried out.

In adopting these measures, account shall be taken of the following:

| (a) | special circumstances; |
| --- | --- |

(a)

special circumstances;

| (b) | the application of these measures to certain types of goods traffic, modes of transport or economic operators; |
| --- | --- |

(b)

the application of these measures to certain types of goods traffic, modes of transport or economic operators;

| (c) | international agreements which provide for special security arrangements. |
| --- | --- |

(c)

international agreements which provide for special security arrangements.

Article 186

Formalities and customs supervision

1.   Goods destined to leave the customs territory of the Community shall be subject to the application of exit formalities, which shall, as appropriate, include the following:

| (a) | the repayment or remission of import duties or payment of export refunds; |
| --- | --- |

(a)

the repayment or remission of import duties or payment of export refunds;

| (b) | the collection of export duties; |
| --- | --- |

(b)

the collection of export duties;

| (c) | the formalities required under the VAT and excise provisions in force; |
| --- | --- |

(c)

the formalities required under the VAT and excise provisions in force;

| (d) | the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash leaving the Community. |
| --- | --- |

(d)

the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash leaving the Community.

2.   Goods leaving the customs territory of the Community shall be subject to customs supervision and may be subject to customs controls.

Where appropriate, the customs authorities may determine the route to be used when goods are to leave the customs territory of the Community,
  and the time limit for their removal from that territory
  .

3.   Release for exit shall be granted on condition that the goods in question leave the customs territory of the Community in the same condition as when the pre-departure declaration was accepted.

4.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1, 2 and 3 of this Article.

CHAPTER 2

EXPORT

Article 187

Community goods

Community goods destined to leave the customs territory of the Community shall be placed under the export procedure.

The first paragraph shall not apply to the following goods:

| (a) | goods placed under the end-use or outward processing procedure; |
| --- | --- |

(a)

goods placed under the end-use or outward processing procedure;

| (b) | goods placed under the internal transit procedure or leaving the customs territory of the Community temporarily, in accordance with Article 109. |
| --- | --- |

(b)

goods placed under the internal transit procedure or leaving the customs territory of the Community temporarily, in accordance with Article 109.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the export formalities applicable to goods placed under the end-use or outward processing procedure.

Article 188

Non-Community goods

1.   Non-Community goods destined to leave the customs territory of the Community shall be subject to a re-export notification to be lodged at the competent customs office and to the exit formalities.

2.   Articles 110 to 124 shall apply mutatis mutandis to the re-export notification.

3.   Paragraph 1 shall not apply to the following goods:

| (a) | goods placed under the external transit procedure and which only pass through the customs territory of the Community; |
| --- | --- |

(a)

goods placed under the external transit procedure and which only pass through the customs territory of the Community;

| (b) | goods trans-shipped within, or directly exported from, a free zone; |
| --- | --- |

(b)

goods trans-shipped within, or directly exported from, a free zone;

| (c) | goods under the temporary storage procedure which are directly exported from an authorized temporary storage facility. |
| --- | --- |

(c)

goods under the temporary storage procedure which are directly exported from an authorized temporary storage facility.

Article 189

Exit summary declaration

1.   Where
  Community or
  non-Community goods are destined to leave the customs territory of the Community and a re-export notification is not required, an exit summary declaration shall be lodged at the competent customs office, in accordance with
  Article 184
  .

2.   The exit summary declaration shall be made using an electronic data processing technique. Commercial, port or transport information may be used, provided that it contains the necessary particulars for an exit summary declaration.

In exceptional circumstances, customs authorities may accept paper-based exit summary declarations, provided that they apply the same level of risk management as that applied to exit summary declarations made using an electronic data processing technique and that the requirements for the exchange of such data with other customs offices can be met.

The customs authorities may allow the lodging of an export summary declaration to be replaced by the lodging of a notification accompanied by access to the summary declaration data held in the economic operator's computer system.

3.   The exit summary declaration shall be lodged by one of the following persons:

| (a) | the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Community; |
| --- | --- |

(a)

the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Community;

| (b) | the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act; |
| --- | --- |

(b)

the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act;

| (c) | any person who is able to present the goods in question or to have them presented to the competent customs authority. |
| --- | --- |

(c)

any person who is able to present the goods in question or to have them presented to the competent customs authority.

4.
     
  Where the export summary declaration is lodged by a person other than the operator of the means of transport by which the goods leave Community customs territory, that operator shall, within the time limit referred to in Article 185, first paragraph, point (c), lodge with the appropriate customs office a notification of departure in the form of a manifest, a dispatch note or a load sheet containing the information required in order to enable all the goods transported which are to be covered by an export summary declaration to be identified.

Paragraph 2 shall apply,

  mutatis mutandis

  , to the first subparagraph of this paragraph.

Pursuant to the procedure referred to in Article 194(2) the Commission shall adopt measures specifying:

| (a) | the information to be shown on the notification of departure; |
| --- | --- |

(a)

the information to be shown on the notification of departure;

| (b) | the terms and conditions under which the requirement to lodge a notification of departure may be waived or adjusted; |
| --- | --- |

(b)

the terms and conditions under which the requirement to lodge a notification of departure may be waived or adjusted;

| (c) | the rules governing the authorised exceptions and adjustments to the time limit mentioned in the first subparagraph of this paragraph; |
| --- | --- |

(c)

the rules governing the authorised exceptions and adjustments to the time limit mentioned in the first subparagraph of this paragraph;

| (d) | the competent customs office where the notification of departure must be lodged or made available. |
| --- | --- |

(d)

the competent customs office where the notification of departure must be lodged or made available.

The following shall be taken into account in connection with the adoption of the above measures:

| (a) | the particular circumstances; |
| --- | --- |

(a)

the particular circumstances;

| (b) | the application of the measures to certain types of goods flow, modes of transport and economic operators; |
| --- | --- |

(b)

the application of the measures to certain types of goods flow, modes of transport and economic operators;

| (c) | international agreements laying down specific provisions relating to security. |
| --- | --- |

(c)

international agreements laying down specific provisions relating to security.

Article 190

Amendment of the exit summary declaration

The person who lodges the exit summary declaration shall, at his request, be permitted to amend one or more particulars of that declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

| (a) | the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have already allowed the removal of the goods. |
| --- | --- |

(c)

the customs authorities have already allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second subparagraph of this Article.

CHAPTER 3

RELIEF FROM DUTIES

Article 191

Temporary export

1.   Community goods may be temporarily exported from the customs territory of the Community and benefit from duty relief upon re-importation.

2.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  for the implementation of paragraph 1 of this
  Article.

TITLE IX

CUSTOMS CODE COMMITTEE AND FINAL PROVISIONS

CHAPTER 1

CUSTOMS CODE COMMITTEE

Article 192

Further implementing measures

In addition to the implementing measures referred to in this Code, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | rules and standards for the inter-operability of Member States' customs systems to bring about improved co-operation based upon electronic data exchange between customs authorities
  , between customs authorities and other competent authorities
  and between customs authorities and economic operators; |
| --- | --- |

(a)

rules and standards for the inter-operability of Member States' customs systems to bring about improved co-operation based upon electronic data exchange between customs authorities
  , between customs authorities and other competent authorities
  and between customs authorities and economic operators;

| (b) | the cases in which, and the conditions under which, the Commission may issue decisions requesting Member States to revoke or amend a decision; |
| --- | --- |

(b)

the cases in which, and the conditions under which, the Commission may issue decisions requesting Member States to revoke or amend a decision;

| (c) | any other implementing measures, where necessary, including where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code. |
| --- | --- |

(c)

any other implementing measures, where necessary, including where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code.

Article 193

Explanatory notes and guidelines

1.   The Commission shall, in accordance with the procedure referred to in Article 194(4), adopt the following:

| (a) | explanatory notes to this Code and the provisions adopted for its implementation, as well as to the rules of origin referred to in Article 42; |
| --- | --- |

(a)

explanatory notes to this Code and the provisions adopted for its implementation, as well as to the rules of origin referred to in Article 42;

| (b) | guidelines providing a Community interpretation of the provisions of the Code and other customs legislation. |
| --- | --- |

(b)

guidelines providing a Community interpretation of the provisions of the Code and other customs legislation.

2.
     
  Such explanatory notes and guidelines shall be included as annexes in the implementing provisions of this Regulation.

Article 194

Committee

1.   The Commission shall be assisted by the Customs Code Committee, hereinafter referred to as ‘the Committee’.

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 one month.

3.
     
  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   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.

Article 195

Further matters

The Committee may examine any question concerning the Code, or the measures adopted for its implementation which is raised by its chairman, either on the initiative of the Commission or at the request of a representative of a Member State, and which concerns, in particular, the following:

| (a) | any problems arising from the application of customs legislation; |
| --- | --- |

(a)

any problems arising from the application of customs legislation;

| (b) | any position to be taken by the Community in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. |
| --- | --- |

(b)

any position to be taken by the Community in committees, working groups and panels introduced by or under international agreements dealing with customs legislation.

CHAPTER 2

FINAL PROVISIONS

Article 196

Repeal

Regulations (EEC)
  No 3925/91, (EEC) No 2913/92, (EC) No 82/2001 and (EC) No 1207/2001 are hereby repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex.

Article 197

Reports relating to customs penalties

1.   Member States shall notify the Commission, by ... (*) at the latest, of the national provisions in force in accordance with Article 22 and shall notify it without delay of any subsequent amendment affecting them.

2.   The Member States shall, by the end of each calendar year, send the Commission a report on the application of Article 22, in accordance with the specifications requested by the Commission.

Article 198

Entry into force

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

It shall apply from 1 January 2009.

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 ...

1

(2)  Position of the European Parliament of 12 December 2006.

2

Position

12 December 2006

(3)  COM(2004)0544, 9.8.2004.

3

COM(2004)0544

(4)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

4

(5)  OJ L 86, 3.4.2003, p. 21. Decision as amended by Decision 2004/485/EC (OJ L 162, 30.4.2004, p. 113).

5

Decision as amended by Decision 2004/485/EC (OJ L 162, 30.4.2004, p. 113).

(6)  COM(2003)0452 final, 24.7.2003.

6

(7)  
  OJ L 117, 4.5.2005, p. 13.

7

OJ L 117, 4.5.2005, p. 13.

(8)  OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2004/106/EC (OJ L 359, 4.12.2004, p. 30).

8

(9)  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).

9

Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).

(10)  OJ L 184, 17.7.1999, p. 23.
  Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

10

Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(11)  OJ L 374, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

11

(12)  OJ L 20, 20.1.2001, p. 1.

12

(13)  OJ L 165, 21.6.2001, p. 1. Regulation as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5).

13

Regulation as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5).

(14)  OJ L 124, 8.6.1971, p. 1.

14

(15)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

15

Regulation as last amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

(16)  OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regulation (EC) No 476/97 (OJ L 75, 15.3.1997, p. 1).

16

Regulation as last amended by Regulation (EC) No 476/97 (OJ L 75, 15.3.1997, p. 1).

(17)  OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

17

Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(*)  Two months after the date of entry into force of this Regulation.

*

Two months after the date of entry into force of this Regulation.

ANNEX

Correlation Table 1: New Regulation > Regulation (EEC) 2913/92

| New Article | Former Articles in Reg. 2913/92 | New Article | Reg. 2913/92 |
| --- | --- | --- | --- |
| 1 | new | 47 | new |
| 2 | 2 | 48 | new |
| 3 | 3 | 49 | 201 |
| 4 | 1, 4 | 50 | 216 |
| 5 | new & 15 | 51 | 202, 203, ex 204, 206 |
| 6 | new | 52 | 143(2), ex 144, 208 |
| 7 | new | 53 | 209 |
| 8 | 11 | 54 | 210, 211 |
| 9 | 14 + 199 CCIP | 55 | 212 |
| 10 | new | 56 | 213 |
| 11 | 5 (1)(2) & (3) | 57 | 121, 122, ex 144, 214 |
| 12 | 5 (4) | 58 | 112, 121, 122, 135, 136, ex 144, 178 |
| 13 | new | 59 | new |
| 14 | 5a (1) | 60 | 215(1)(2) & (4) |
| 15 | 5a (2) | 61 | 189, 191 |
| 16 | 5a (2) | 62 | 192(1) |
| 17 | 6, 7, ex 10 | 63 | 190, 192(2) |
| 18 | ex 250 | 64 | 193, 194, 197 |
| 19 | 8 | 65 | 196 |
| 20 | 9 | 66 | 195 |
| 21 | 12 | 67 | 94 (1)-(4) |
| 22 | new | 68 | 94 (5)(6)(7) |
| 23 | 246 | 69 | 198 |
| 24 | 243 | 70 | 199 |
| 25 | 244 | 71 | 215(3), 217 |
| 26 | 245 | 72 | 221(1) & (2) |
| 27 | 13 | 73 | 221(3) & (4) |
| 28 | new | 74 | 217, 220 (2) a & c |
| 29 | ex 78 | 75 | 218, 219 (2) & 220(1) |
| 30 | Reg. 3925/91 | 76 | new |
| 31 | 16 | 77 | 222 |
| 32 | 11(2) | 78 | 223, 231 |
| 33 | 18, 35 | 79 | 224, 225, 226 |
| 34 | 17 | 80 | 227 |
| 35 | 19 | 81 | 228 |
| 36 | 20(1)-(5), 21 | 82 | 229, 230 |
| 37 | 20(6) | 83 | 232, 214 (3) |
| 38 | 22 | 84 | 235, 241, 242 |
| 39 | 23, 24 | 85 | 237, 239, 240 |
| 40 | 26 | 86 | 236 |
| 41 | new | 87 | 238 |
| 42 | 27 | 88 | 220(2)(b), 236 |
| 43 | 28, 36 | 89 | 239 |
| 44 | 29, 32, 36 | 90 | new |
| 45 | 30, 32(1)(e), 33 | 91 | new |
| 46 | 31 | 92 | 150(2), ex 204, 205, 206, 207, 212a, 233, 234 |
| 93 | 36a, 36b(1) | 147 | 90, 103 |
| 94 | 36b(1)-(4) | 148 | 91(3), 111 |
| 95 | 36b(5) | 149 | 109, 173(b) |
| 96 | 36c | 150 | ex 114, ex 115 |
| 97 | 37, 42, 58(2) | 151 | 92, 97, 98(3), 109(4), 115 (2), 120, 131, 142 (2), 146 (2), 165 |
| 98 | 38(1)-(4) | 152 | 91 |
| 99 | 38(5) | 153 | 93, 163, 164 |
| 100 | 39 | 154 | new |
| 101 | 40, 41 | 155 | 95, 96 |
| 102 | 46, 47 | 156 | 93 |
| 103 | 48, 49, 58(1) | 157 | 98, 166 |
| 104 | 50 | 158 | 101, 102 |
| 105 | 54 | 159 | 108, 110, 171 |
| 106 | 55 | 160 | 50, 51(2), 53 |
| 107 | Ex Article 313 CCIP | 161 | 51(1), 52 |
| 108 | 83 | 162 | 99, 110 |
| 109 | 164 | 163 | 106 |
| 110 | 59 | 164 | 167(1)-(3), 168(1) & (2) |
| 111 | 60 | 165 | 167(4), 172 |
| 112 | 61, ex 77 | 166 | 173 |
| 113 | 62, 76(1)a, 77 | 167 | ex 169, 170 |
| 114 | 63, 67 | 168 | 169, ex 170 |
| 115 | 64 | 169 | 175 |
| 116 | 65 | 170 | 177, 181 |
| 117 | 66 | 171 | 180 |
| 118 | 68, ex 250 | 172 | 137, 139 |
| 119 | 69 | 173 | 140 |
| 120 | 70 | 174 | 141, 142 |
| 121 | 71, ex 250 | 175 | 143(1) & (2) |
| 122 | 72, ex 250 | 176 | 82 |
| 123 | 73 | 177 | 119 |
| 124 | 74 | 178 | 130, ex 114 |
| 125 | 76(1) & (4) | 179 | 118 |
| 126 | 76(1)(c) | 180 | 123 |
| 127 | new | 181 | 145, 146, 149, 150, 151, 153(2) |
| 128 | 76(2) & (3) | 182 | 152 |
| 129 | new | 183 | 154, 155, 156 |
| 130 | 81 | 184 | 154 (4), 157 |
| 131 | 56 | 185 | 182a |
| 132 | 57, 75, 78(3) | 186 | 182b, ex 182c, 161(4) & (5) |
| 133 | ex 182 | 187 | ex 161, 162, 183 |
| 134 | new | 188 | 161(1), (2) |
| 135 | 79 | 189 | 182, ex 182c |
| 136 | 185(1) | 190 | ex 182c, 182d |
| 137 | 185(2) | 191 | 182d(4) |
| 138 | 186 | 192 | new |
| 139 | 187 | 193 | 184 + Reg. 918/83 |
| 140 | 188 | 194 | 247, 248 |
| 141 | 184 + Reg. 918/83 | 195 | new |
| 142 | 84 | 196 | 247a, 248a |
| 143 | 85, 86, 87, 88, 94, 95, 100, 104, 116, 117, 132, 133, 138, 147, 148 | 197 | 249 |
| 144 | new | 198 | 251, 252 |
| 145 | 105, 106 (3), 107, 176 | 199 | 253 |
| 146 | 89, 92 | — | — |

New Article

Former Articles in Reg. 2913/92

New Article

Reg. 2913/92

1

new

47

new

2

2

48

new

3

3

49

201

4

1, 4

50

216

5

new & 15

51

202, 203, ex 204, 206

6

new

52

143(2), ex 144, 208

7

new

53

209

8

11

54

210, 211

9

14 + 199 CCIP

55

212

10

new

56

213

11

5 (1)(2) & (3)

57

121, 122, ex 144, 214

12

5 (4)

58

112, 121, 122, 135, 136, ex 144, 178

13

new

59

new

14

5a (1)

60

215(1)(2) & (4)

15

5a (2)

61

189, 191

16

5a (2)

62

192(1)

17

6, 7, ex 10

63

190, 192(2)

18

ex 250

64

193, 194, 197

19

8

65

196

20

9

66

195

21

12

67

94 (1)-(4)

22

new

68

94 (5)(6)(7)

23

246

69

198

24

243

70

199

25

244

71

215(3), 217

26

245

72

221(1) & (2)

27

13

73

221(3) & (4)

28

new

74

217, 220 (2) a & c

29

ex 78

75

218, 219 (2) & 220(1)

30

Reg. 3925/91

76

new

31

16

77

222

32

11(2)

78

223, 231

33

18, 35

79

224, 225, 226

34

17

80

227

35

19

81

228

36

20(1)-(5), 21

82

229, 230

37

20(6)

83

232, 214 (3)

38

22

84

235, 241, 242

39

23, 24

85

237, 239, 240

40

26

86

236

41

new

87

238

42

27

88

220(2)(b), 236

43

28, 36

89

239

44

29, 32, 36

90

new

45

30, 32(1)(e), 33

91

new

46

31

92

150(2), ex 204, 205, 206, 207, 212a, 233, 234

93

36a, 36b(1)

147

90, 103

94

36b(1)-(4)

148

91(3), 111

95

36b(5)

149

109, 173(b)

96

36c

150

ex 114, ex 115

97

37, 42, 58(2)

151

92, 97, 98(3), 109(4), 115 (2), 120, 131, 142 (2), 146 (2), 165

98

38(1)-(4)

152

91

99

38(5)

153

93, 163, 164

100

39

154

new

101

40, 41

155

95, 96

102

46, 47

156

93

103

48, 49, 58(1)

157

98, 166

104

50

158

101, 102

105

54

159

108, 110, 171

106

55

160

50, 51(2), 53

107

Ex Article 313 CCIP

161

51(1), 52

108

83

162

99, 110

109

164

163

106

110

59

164

167(1)-(3), 168(1) & (2)

111

60

165

167(4), 172

112

61, ex 77

166

173

113

62, 76(1)a, 77

167

ex 169, 170

114

63, 67

168

169, ex 170

115

64

169

175

116

65

170

177, 181

117

66

171

180

118

68, ex 250

172

137, 139

119

69

173

140

120

70

174

141, 142

121

71, ex 250

175

143(1) & (2)

122

72, ex 250

176

82

123

73

177

119

124

74

178

130, ex 114

125

76(1) & (4)

179

118

126

76(1)(c)

180

123

127

new

181

145, 146, 149, 150, 151, 153(2)

128

76(2) & (3)

182

152

129

new

183

154, 155, 156

130

81

184

154 (4), 157

131

56

185

182a

132

57, 75, 78(3)

186

182b, ex 182c, 161(4) & (5)

133

ex 182

187

ex 161, 162, 183

134

new

188

161(1), (2)

135

79

189

182, ex 182c

136

185(1)

190

ex 182c, 182d

137

185(2)

191

182d(4)

138

186

192

new

139

187

193

184 + Reg. 918/83

140

188

194

247, 248

141

184 + Reg. 918/83

195

new

142

84

196

247a, 248a

143

85, 86, 87, 88, 94, 95, 100, 104, 116, 117, 132, 133, 138, 147, 148

197

249

144

new

198

251, 252

145

105, 106 (3), 107, 176

199

253

146

89, 92

—

—

Correlation Table 2: Former Regulation (EEC) 2913/92 > New Regulation

| Reg. 2913/92 | New Article | Reg. 2913/92 | New Article |
| --- | --- | --- | --- |
| Article 1 | 4 | Article 44 | Withdrawn |
| 2 | 2 | 45 | Withdrawn |
| 3 | 3 | 46 | 102 |
| 4 | 4 | 47 | 102 |
| 5 | 11, 12 | 48 | 103 |
| 5a | 14, 15, 16 | 49 | 103 |
| 6 | 17 | 50 | 104, 160 |
| 7 | 17 | 51 | 160, 161 |
| 8 | 19 | 52 | 161 |
| 9 | 20 | 53 | 160 |
| 10 | 17 | 54 | 105 |
| 11 | 8, 32 | 55 | 106 |
| 12 | 21 | 56 | 131 |
| 13 | 27 | 57 | 103 |
| 14 | 9 | 58 | 97, 103 |
| 15 | 5 | 59 | 110 |
| 16 | 31 | 60 | 111 |
| 17 | 34 | 61 | 112 |
| 18 | 33 | 62 | 113 |
| 19 | 35 | 63 | 114 |
| 20 | 36, 37 | 64 | 115 |
| 21 | 36 | 65 | 116 |
| 22 | 38 | 66 | 117 |
| 23 | 39 | 67 | 114 |
| 24 | 39 | 68 | 118 |
| 25 | Withdrawn | 69 | 119 |
| 26 | 40 | 70 | 120 |
| 27 | 42 | 71 | 121 |
| 28 | 43 | 72 | 122 |
| 29 | 44 | 73 | 123 |
| 30 | 45 | 74 | 124 |
| 31 | 46 | 75 | 132 |
| 32 | 44, 45 | 76 | 113, 125, 126, 128 |
| 33 | 45 | 77 | 112, 113 |
| 34 | 47 | 78 | 29 |
| 35 | 33 | 79 | 135 |
| 36 | 44 | 80 | Withdrawn |
| 36a | 93 | 81 | 130 |
| 36b | 93, 94, 95 | 82 | 176 |
| 36c | 96 | 83 | 108 |
| 37 | 97 | 84 | 142 |
| 38 | 98, 99 | 85 | 143 |
| 39 | 100 | 86 | 143 |
| 40 | 101 | 87 | 143 |
| 41 | 101 | 88 | 143 |
| 42 | 97 | 89 | 146 |
| 43 | Withdrawn | 90 | 147 |
| 91 | 148, 152 | 141 | 174 |
| 92 | 146, 151 | 142 | 174, 151 |
| 93 | 153, 156 | 143 | 53, 175 |
| 94 | 67, 68, 143 | 144 | 52, 57, 58 |
| 95 | 143, 155 | 145 | 181 |
| 96 | 155 | 146 | 151, 181 |
| 97 | 151 | 147 | 143 |
| 98 | 151, 157 | 148 | 143 |
| 99 | 162 | 149 | 181 |
| 100 | 143 | 150 | 181 |
| 101 | 158 | 151 | 181 |
| 102 | 158 | 152 | 92, 182 |
| 103 | 147 | 153 | 181 |
| 104 | 143 | 154 | 183, 184 |
| 105 | 145 | 155 | 183 |
| 106 | 145, 163 | 156 | 183 |
| 107 | 145 | 157 | 184 |
| 108 | 159 | 158 | Withdrawn |
| 109 | 149, 151 | 159 | Withdrawn |
| 110 | 159, 162 | 160 | Withdrawn |
| 111 | 148 | 161 | 186, 187, 188 |
| 112 | 58 | 162 | 187 |
| 113 | Withdrawn | 163 | 153 |
| 114 | 150, 178 | 164 | 109, 153 |
| 115 | 150, 151 | 165 | 151 |
| 116 | 143 | 166 | 157 |
| 117 | 143 | 167 | 164, 165 |
| 118 | 179 | 168 | 164 |
| 119 | 177 | 168a | Withdrawn |
| 120 | 151 | 169 | 167, 168 |
| 121 | 57, 58 | 170 | 167, 168 |
| 122 | 57, 58 | 171 | 159 |
| 123 | 180 | 172 | 165 |
| 124 | Withdrawn | 173 | 149, 166 |
| 125 | Withdrawn | 174 | Withdrawn |
| 126 | Withdrawn | 175 | 169 |
| 127 | Withdrawn | 176 | 145 |
| 128 | Withdrawn | 177 | 170 |
| 129 | Withdrawn | 178 | 58 |
| 130 | 178 | 179 | Withdrawn |
| 131 | 151 | 180 | 171 |
| 132 | 143 | 181 | 170 |
| 133 | 143 | 182 | 133, 189 |
| 134 | Withdrawn | 182a | 185 |
| 135 | 58 | 182b | 186 |
| 136 | 58 | 182c | 186, 189, 190 |
| 137 | 172 | 182d | 190, 191 |
| 138 | 143 | 183 | 187 |
| 139 | 172 | 184 | 141, 193 |
| 140 | 173 | 185 | 136, 137 |
| 186 | 138 | 220 | 74, 75, 88 |
| 187 | 139 | 221 | 72, 73 |
| 188 | 140 | 222 | 77 |
| 189 | 61 | 223 | 78 |
| 190 | 63 | 224 | 79 |
| 191 | 61 | 225 | 79 |
| 192 | 62, 63 | 226 | 79 |
| 193 | 64 | 227 | 80 |
| 194 | 64 | 228 | 81 |
| 195 | 66 | 229 | 82 |
| 196 | 65 | 230 | 82 |
| 197 | 64 | 231 | 78 |
| 198 | 69 | 232 | 83 |
| 199 | 70 | 233 | 92 |
| 200 | Withdrawn | 235 | 84 |
| 201 | 49 | 236 | 86, 88 |
| 202 | 51 | 237 | 85 |
| 203 | 51 | 238 | 87 |
| 204 | 51, 92 | 239 | 85, 89 |
| 205 | 92 | 240 | 85 |
| 206 | 51, 92 | 241 | 84 |
| 207 | 92 | 242 | 84 |
| 208 | 52 | 243 | 24 |
| 209 | 53 | 244 | 25 |
| 210 | 54 | 245 | 26 |
| 211 | 54 | 246 | 23 |
| 212 | 55 | 247 | 194 |
| 212a | 92 | 247a | 196 |
| 213 | 56 | 248 | 194 |
| 214 | 57, 83 | 248a | 196 |
| 215 | 60, 71 | 249 | 197 |
| 216 | 50 | 250 | 18, 118, 121, 122 |
| 217 | 74 | 251 | 198 |
| 218 | 75 | 252 | 198 |
| 219 | 75 | 253 | 199 |

Reg. 2913/92

New Article

Reg. 2913/92

New Article

Article 1

4

Article 44

Withdrawn

2

2

45

Withdrawn

3

3

46

102

4

4

47

102

5

11, 12

48

103

5a

14, 15, 16

49

103

6

17

50

104, 160

7

17

51

160, 161

8

19

52

161

9

20

53

160

10

17

54

105

11

8, 32

55

106

12

21

56

131

13

27

57

103

14

9

58

97, 103

15

5

59

110

16

31

60

111

17

34

61

112

18

33

62

113

19

35

63

114

20

36, 37

64

115

21

36

65

116

22

38

66

117

23

39

67

114

24

39

68

118

25

Withdrawn

69

119

26

40

70

120

27

42

71

121

28

43

72

122

29

44

73

123

30

45

74

124

31

46

75

132

32

44, 45

76

113, 125, 126, 128

33

45

77

112, 113

34

47

78

29

35

33

79

135

36

44

80

Withdrawn

36a

93

81

130

36b

93, 94, 95

82

176

36c

96

83

108

37

97

84

142

38

98, 99

85

143

39

100

86

143

40

101

87

143

41

101

88

143

42

97

89

146

43

Withdrawn

90

147

91

148, 152

141

174

92

146, 151

142

174, 151

93

153, 156

143

53, 175

94

67, 68, 143

144

52, 57, 58

95

143, 155

145

181

96

155

146

151, 181

97

151

147

143

98

151, 157

148

143

99

162

149

181

100

143

150

181

101

158

151

181

102

158

152

92, 182

103

147

153

181

104

143

154

183, 184

105

145

155

183

106

145, 163

156

183

107

145

157

184

108

159

158

Withdrawn

109

149, 151

159

Withdrawn

110

159, 162

160

Withdrawn

111

148

161

186, 187, 188

112

58

162

187

113

Withdrawn

163

153

114

150, 178

164

109, 153

115

150, 151

165

151

116

143

166

157

117

143

167

164, 165

118

179

168

164

119

177

168a

Withdrawn

120

151

169

167, 168

121

57, 58

170

167, 168

122

57, 58

171

159

123

180

172

165

124

Withdrawn

173

149, 166

125

Withdrawn

174

Withdrawn

126

Withdrawn

175

169

127

Withdrawn

176

145

128

Withdrawn

177

170

129

Withdrawn

178

58

130

178

179

Withdrawn

131

151

180

171

132

143

181

170

133

143

182

133, 189

134

Withdrawn

182a

185

135

58

182b

186

136

58

182c

186, 189, 190

137

172

182d

190, 191

138

143

183

187

139

172

184

141, 193

140

173

185

136, 137

186

138

220

74, 75, 88

187

139

221

72, 73

188

140

222

77

189

61

223

78

190

63

224

79

191

61

225

79

192

62, 63

226

79

193

64

227

80

194

64

228

81

195

66

229

82

196

65

230

82

197

64

231

78

198

69

232

83

199

70

233

92

200

Withdrawn

235

84

201

49

236

86, 88

202

51

237

85

203

51

238

87

204

51, 92

239

85, 89

205

92

240

85

206

51, 92

241

84

207

92

242

84

208

52

243

24

209

53

244

25

210

54

245

26

211

54

246

23

212

55

247

194

212a

92

247a

196

213

56

248

194

214

57, 83

248a

196

215

60, 71

249

197

216

50

250

18, 118, 121, 122

217

74

251

198

218

75

252

198

219

75

253

199

Correlation Table 3: Repealed Regulation > New Regulation

| Former Regulation | New Article |
| --- | --- |
| (EEC) No 918/83 | Articles 141 & 193 |
| (EEC) No 3925/91 | Article 30 |
| (EC) No 82/2001 | Article 42 |
| (EC) No 1207/2001 | Article 42 |

Former Regulation

New Article

(EEC) No 918/83

Articles 141 & 193

(EEC) No 3925/91

Article 30

(EC) No 82/2001

Article 42

(EC) No 1207/2001

Article 42

P6_TA(2006)0546

Circulation of compound feedingstuffs ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0340) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0340) (1),

| — | having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0209/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0209/2006),

| — | 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 Agriculture and Rural Development (A6-0411/2006); |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0411/2006);

| 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(2006)0117

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having consulted the European Economic and Social Committee,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

| (1) | Article 1(1)(b) of Directive 2002/2/EC of the European Parliament and of the Council (2), amended Council Directive 79/373/EEC on the circulation of compound feedingstuffs (3). That provision added a point to Article 5(1) of Directive 79/373/EEC, requiring manufacturers of compound animal feedingstuffs to indicate, at the customer's request, the exact composition of a feedingstuff. |
| --- | --- |

(1)

Article 1(1)(b) of Directive 2002/2/EC of the European Parliament and of the Council (2), amended Council Directive 79/373/EEC on the circulation of compound feedingstuffs (3). That provision added a point to Article 5(1) of Directive 79/373/EEC, requiring manufacturers of compound animal feedingstuffs to indicate, at the customer's request, the exact composition of a feedingstuff.

| (2) | The Court of Justice of the European Communities, in its judgment of 6 December 2005 in Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 (4), declared Article 1(1)(b) of Directive 2002/2/EC invalid, in the light of the principle of proportionality. |
| --- | --- |

(2)

The Court of Justice of the European Communities, in its judgment of 6 December 2005 in Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 (4), declared Article 1(1)(b) of Directive 2002/2/EC invalid, in the light of the principle of proportionality.

| (3) | Article 233 of the Treaty requires the institutions whose act has been declared void to take the necessary measures to comply with the judgment of the Court of Justice. |
| --- | --- |

(3)

Article 233 of the Treaty requires the institutions whose act has been declared void to take the necessary measures to comply with the judgment of the Court of Justice.

| (4) | The objective of ensuring feed safety is being achieved, amongst others, through implementation of the provisions of Regulation (EC) No 178/2002

   (5)

  and Regulation (EC) No 183/2005

   (6). |
| --- | --- |

(4)

The objective of ensuring feed safety is being achieved, amongst others, through implementation of the provisions of Regulation (EC) No 178/2002

   (5)

  and Regulation (EC) No 183/2005

   (6).

| (5) | A number of court rulings in the Member States have led to Directive 2002/2/EC being implemented differently and unevenly and various cases relating to it are currently pending before the national courts. |
| --- | --- |

(5)

A number of court rulings in the Member States have led to Directive 2002/2/EC being implemented differently and unevenly and various cases relating to it are currently pending before the national courts.

| (6) | The Council and the European Parliament are not at present making more far-reaching amendments to the basic legal act, as the Commission has promised, as part of the simplification programme, to draw up proposals by mid-2007 to overhaul feed legislation. They anticipate that the issue of the so-called ‘open declaration’ of ingredients will be fully reviewed in this connection, and expect new proposals from the Commission taking account both of the interest of farmers in being provided with precise, detailed information on the feed materials contained in feedingstuffs and the interest of the industry in ensuring that business secrets are adequately protected. |
| --- | --- |

(6)

The Council and the European Parliament are not at present making more far-reaching amendments to the basic legal act, as the Commission has promised, as part of the simplification programme, to draw up proposals by mid-2007 to overhaul feed legislation. They anticipate that the issue of the so-called ‘open declaration’ of ingredients will be fully reviewed in this connection, and expect new proposals from the Commission taking account both of the interest of farmers in being provided with precise, detailed information on the feed materials contained in feedingstuffs and the interest of the industry in ensuring that business secrets are adequately protected.

| (7) | Article 1(5) of Directive 2002/2/EC, which added to Article 12 of Directive 79/373/EEC a new sub-paragraph, already provides for an obligation of manufacturers of compound feedingstuffs to make available to the authorities responsible for carrying out official inspections, on request, any document concerning the composition of feedingstuffs intended to be put into circulation which enables the accuracy of the information given by the labelling to be verified. |
| --- | --- |

(7)

Article 1(5) of Directive 2002/2/EC, which added to Article 12 of Directive 79/373/EEC a new sub-paragraph, already provides for an obligation of manufacturers of compound feedingstuffs to make available to the authorities responsible for carrying out official inspections, on request, any document concerning the composition of feedingstuffs intended to be put into circulation which enables the accuracy of the information given by the labelling to be verified.

| (8) | Directive 2002/2/EC should therefore be corrected, |
| --- | --- |

(8)

Directive 2002/2/EC should therefore be corrected,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 2002/2/EC is corrected as follows:

| (1) | Article 1(1)(b) is deleted. |
| --- | --- |

(1)

Article 1(1)(b) is deleted.

| (2) | In Article 1(6), in the text of Article 15a of Directive 79/373/EEC, the words ‘Article 5(1)(j) and (l)’ are replaced by the words ‘Article 5(1)(j)’.
  ‘Article 15a
  At the latest on 6 November 2006, the Commission shall submit a report to the European Parliament and the Council, on the basis of the information received from Member States, on the implementation of the measures introduced by Article 5(1)(j) and (5)(d) and Article 5c and the second subparagraph of Article 12, particularly as regards the indication of quantities, in the form of percentage by weight, of feed materials on the labelling of compound feedingstuffs, including the permitted tolerance, accompanied by any proposals designed to improve these measures.’. |
| --- | --- |

(2)

In Article 1(6), in the text of Article 15a of Directive 79/373/EEC, the words ‘Article 5(1)(j) and (l)’ are replaced by the words ‘Article 5(1)(j)’.

‘Article 15a

At the latest on 6 November 2006, the Commission shall submit a report to the European Parliament and the Council, on the basis of the information received from Member States, on the implementation of the measures introduced by Article 5(1)(j) and (5)(d) and Article 5c and the second subparagraph of Article 12, particularly as regards the indication of quantities, in the form of percentage by weight, of feed materials on the labelling of compound feedingstuffs, including the permitted tolerance, accompanied by any proposals designed to improve these measures.’.

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 12 December 2006.

1

Position of the European Parliament of 12 December 2006

(2)  Directive 2002/2/EC of the European Parliament and of the Council of 28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ L 63, 6.3.2002, p. 23).

2

(3)  OJ L 86, 6.4.1979, p. 30. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

3

(4)  ABNA and Others ECR [2005] I-10423.

4

(5)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Commission Regulation (EC) 575/2006 (OJ L 100, 8.4.2006, p. 3).

5

(6)  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down technical requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

6

P6_TA(2006)0547

Statistics on foreign affiliates ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates (COM(2005)0088 — C6-0084/2005 — 2005/0016(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0088) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0088) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0084/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0084/2005),

| — | 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 Economic and Monetary Affairs (A6-0332/2005); |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0332/2005);

| 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)0016

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates

(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 285(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

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

Whereas:

| (1) | Regular and good quality Community statistics on the structure and activity of foreign affiliates in the whole economy are essential for an adequate assessment of the impact of foreign-controlled enterprises on the European Union economy. This would also facilitate the monitoring of the effectiveness of the internal market and the gradual integration of the economies in the context of globalisation. In this context, multinational enterprises are playing a leading role, but small and medium-sized enterprises can also be concerned by foreign control. |
| --- | --- |

(1)

Regular and good quality Community statistics on the structure and activity of foreign affiliates in the whole economy are essential for an adequate assessment of the impact of foreign-controlled enterprises on the European Union economy. This would also facilitate the monitoring of the effectiveness of the internal market and the gradual integration of the economies in the context of globalisation. In this context, multinational enterprises are playing a leading role, but small and medium-sized enterprises can also be concerned by foreign control.

| (2) | The implementation and review of the General Agreement on Trade in Services (GATS) and of the Trade-Related Intellectual Property Rights Agreement (TRIPs) as well as the current and future negotiations on further agreements call for the relevant statistical information to be made available in order to assist the negotiations. |
| --- | --- |

(2)

The implementation and review of the General Agreement on Trade in Services (GATS) and of the Trade-Related Intellectual Property Rights Agreement (TRIPs) as well as the current and future negotiations on further agreements call for the relevant statistical information to be made available in order to assist the negotiations.

| (3) | For the preparation of economic, competition, enterprise, research, technical development and employment policies in the context of the liberalisation process, statistics on foreign affiliates to measure direct and indirect effects of foreign control on employment, wages and productivity in particular countries and sectors are necessary. |
| --- | --- |

(3)

For the preparation of economic, competition, enterprise, research, technical development and employment policies in the context of the liberalisation process, statistics on foreign affiliates to measure direct and indirect effects of foreign control on employment, wages and productivity in particular countries and sectors are necessary.

| (4) | The information provided under existing Community legislation or available in Member States is insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission. |
| --- | --- |

(4)

The information provided under existing Community legislation or available in Member States is insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission.

| (5) | Regulation (EC) No 184/2005 (3) establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment. As balance of payments statistics cover only partially the data included in the GATS, it is essential that detailed statistics on foreign affiliates be produced regularly. |
| --- | --- |

(5)

Regulation (EC) No 184/2005 (3) establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment. As balance of payments statistics cover only partially the data included in the GATS, it is essential that detailed statistics on foreign affiliates be produced regularly.

| (6) | Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (4) and Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (5) established a common framework for the collection, compilation, transmission and evaluation of Community statistics on the structure and activity of businesses in the Community. |
| --- | --- |

(6)

Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (4) and Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (5) established a common framework for the collection, compilation, transmission and evaluation of Community statistics on the structure and activity of businesses in the Community.

| (7) | The compilation of national accounts according to the Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (6) requires comparable, complete and reliable business statistics on foreign affiliates. |
| --- | --- |

(7)

The compilation of national accounts according to the Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (6) requires comparable, complete and reliable business statistics on foreign affiliates.

| (8) | Collectively, the Manual on Statistics of International Trade in Services of the United Nations, the Balance of Payments Manual (5th edition) of the International Monetary Fund, the Benchmark Definition on foreign direct investment and the Handbook on Economic Globalisation Indicators of the Organisation for the Economic Cooperation and Development establish the general rules for compiling international comparable statistics on foreign affiliates. |
| --- | --- |

(8)

Collectively, the Manual on Statistics of International Trade in Services of the United Nations, the Balance of Payments Manual (5th edition) of the International Monetary Fund, the Benchmark Definition on foreign direct investment and the Handbook on Economic Globalisation Indicators of the Organisation for the Economic Cooperation and Development establish the general rules for compiling international comparable statistics on foreign affiliates.

| (9) | The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (7). |
| --- | --- |

(9)

The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (7).

| (10) | Since the objective of this Regulation, namely the creation of common statistical standards for the production of comparable statistics on foreign affiliates, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or 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 to achieve that objective. |
| --- | --- |

(10)

Since the objective of this Regulation, namely the creation of common statistical standards for the production of comparable statistics on foreign affiliates, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or 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 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 (8). |
| --- | --- |

(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 (8).

| (12) | In particular, power should be conferred on the Commission to adapt the definitions in Annexes I and II and the level of detail in Annex III as well as to make any consequential changes to Annexes I and II, to implement the results of the pilot studies and to define the proper common quality standards and the contents and periodicity of the quality reports. Since those measures are of general scope and are designed to amend non-essential elements of, or to supplement, this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(12)

In particular, power should be conferred on the Commission to adapt the definitions in Annexes I and II and the level of detail in Annex III as well as to make any consequential changes to Annexes I and II, to implement the results of the pilot studies and to define the proper common quality standards and the contents and periodicity of the quality reports. Since those measures are of general scope and are designed to amend non-essential elements of, or to supplement, this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC.

| (13) | The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (9), and the Committee on Monetary, Financial and Balance of Payments Statistics, established by Council Decision 2006/856/EC (10), have been consulted, |
| --- | --- |

(13)

The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (9), and the Committee on Monetary, Financial and Balance of Payments Statistics, established by Council Decision 2006/856/EC (10), have been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a common framework for the systematic production of Community statistics on the structure and activity of foreign affiliates.

Article 2

Definitions

For the purpose of this Regulation, the following definitions apply:

| (a) | ‘foreign affiliate’ shall mean an enterprise resident in the compiling country over which an institutional unit not resident in the compiling country has control, or an enterprise not resident in the compiling country over which an institutional unit resident in the compiling country has control; |
| --- | --- |

(a)

‘foreign affiliate’ shall mean an enterprise resident in the compiling country over which an institutional unit not resident in the compiling country has control, or an enterprise not resident in the compiling country over which an institutional unit resident in the compiling country has control;

| (b) | ‘control’ shall mean the ability to determine the general policy of an enterprise by choosing appropriate directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B when B controls, whether directly or indirectly, more than half of the shareholders' voting power or more than half of the shares; |
| --- | --- |

(b)

‘control’ shall mean the ability to determine the general policy of an enterprise by choosing appropriate directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B when B controls, whether directly or indirectly, more than half of the shareholders' voting power or more than half of the shares;

| (c) | ‘foreign control’ shall mean that the controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident; |
| --- | --- |

(c)

‘foreign control’ shall mean that the controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident;

| (d) | ‘branches’ shall mean local units not constituting separate legal entities, which are dependent on foreign-controlled enterprises. They are treated as quasi-corporate enterprises within the meaning of point 3(f) of the Explanatory notes to Section III (B) of the Annex to Regulation (EEC) No 696/93; |
| --- | --- |

(d)

‘branches’ shall mean local units not constituting separate legal entities, which are dependent on foreign-controlled enterprises. They are treated as quasi-corporate enterprises within the meaning of point 3(f) of the Explanatory notes to Section III (B) of the Annex to Regulation (EEC) No 696/93;

| (e) | ‘statistics on foreign affiliates’ shall mean statistics describing the overall activity of foreign affiliates; |
| --- | --- |

(e)

‘statistics on foreign affiliates’ shall mean statistics describing the overall activity of foreign affiliates;

| (f) | ‘inward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates resident in the compiling country; |
| --- | --- |

(f)

‘inward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates resident in the compiling country;

| (g) | ‘outward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates abroad controlled by an institutional unit resident in the compiling country; |
| --- | --- |

(g)

‘outward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates abroad controlled by an institutional unit resident in the compiling country;

| (h) | ‘ultimate controlling institutional unit of a foreign affiliate’ shall mean the institutional unit, proceeding up a foreign affiliate's chain of control, which is not controlled by another institutional unit; |
| --- | --- |

(h)

‘ultimate controlling institutional unit of a foreign affiliate’ shall mean the institutional unit, proceeding up a foreign affiliate's chain of control, which is not controlled by another institutional unit;

| (i) | ‘enterprise’, ‘local unit’ and ‘institutional unit’ shall each have the same meaning as in Regulation (EEC) No 696/93. |
| --- | --- |

(i)

‘enterprise’, ‘local unit’ and ‘institutional unit’ shall each have the same meaning as in Regulation (EEC) No 696/93.

Article 3

Submission of data

Member States shall submit to the Commission (Eurostat) data on foreign affiliates in respect of the characteristics, the economic activities and the geographical breakdown as referred to in Annexes I, II and III.

Article 4

Data sources

1.   Member States shall, while complying with conditions as to quality referred to in Article 6, collect the information required under this Regulation using all the sources they consider relevant and appropriate.

2.   Natural and legal persons required to supply information shall, when responding, comply with the time limits and definitions set by the national institutions responsible for the collection of data within the Member States in accordance with this Regulation.

3.   Where the required data cannot be collected at a reasonable cost, best estimates, including zero values, may be transmitted.

Article 5

Pilot studies

1.   The Commission shall draw up a programme for pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 on a voluntary basis on additional variables and breakdowns for inward and outward statistics on foreign affiliates.

2.   The pilot studies shall be carried out in order to assess the relevance and feasibility of collecting data, taking into account the benefits of the availability of the data in relation to the cost of the statistical system and the burden on enterprises.

3.   The Commission programme for pilot studies shall be consistent with Annexes I and II.

4.   On the basis of the conclusions of the pilot studies, the Commission shall adopt the necessary implementation measures for inward and outward statistics on foreign affiliates in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).

5.   The pilot studies shall be completed by ... (*).

Article 6

Quality standards and reports

1.   Member States shall take all measures necessary to ensure the quality of the data transmitted according to common quality standards.

2.   Member States shall supply the Commission (Eurostat) with a report on the quality of the data transmitted (quality reports).

3.   The common quality standards as well as the content and periodicity of the quality reports shall be specified by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).

4.   The Commission shall assess the quality of the data transmitted.

Article 7

Recommendations manual

The Commission shall, in close cooperation with the Member States, publish a recommendations manual which contains the relevant definitions and supplementary guidance concerning the Community statistics produced pursuant to this Regulation.

Article 8

Timetable and derogations

1.   Member States shall compile the data according to the implementation timetable as specified in Annexes I and II.

2.   During a transitional period that shall not exceed four years from the first reference year as referred to in Annexes I and II, derogations from the provisions of this Regulation may be granted for a limited period by the Commission to Member States, in accordance with the regulatory procedure referred to in Article 10(2), when their national systems require major adaptations.

Article 9

Implementing measures

1.   The following measures for implementing this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 10(2):

| (a) | setting out the appropriate format and procedure for the transmission of results by Member States; and |
| --- | --- |

(a)

setting out the appropriate format and procedure for the transmission of results by Member States; and

| (b) | granting derogations to Member States when their national systems require major adaptations, including granting derogations from any new requirements following pilot studies, pursuant to Article 8(2). |
| --- | --- |

(b)

granting derogations to Member States when their national systems require major adaptations, including granting derogations from any new requirements following pilot studies, pursuant to Article 8(2).

2.   The following measures designed to amend non-essential elements of this Regulation, including by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3):

| (a) | adapting definitions in Annexes I and II, adapting the level of detail in Annex III, and making any consequential changes in Annexes I and II; |
| --- | --- |

(a)

adapting definitions in Annexes I and II, adapting the level of detail in Annex III, and making any consequential changes in Annexes I and II;

| (b) | implementing the results of the pilot studies, pursuant to Article 5(4); and |
| --- | --- |

(b)

implementing the results of the pilot studies, pursuant to Article 5(4); and

| (c) | defining proper common quality standards and the contents and periodicity of the quality reports, pursuant to Article 6(3). |
| --- | --- |

(c)

defining proper common quality standards and the contents and periodicity of the quality reports, pursuant to Article 6(3).

3.   Particular consideration shall be given to the principle that the benefits of such measures must outweigh their costs, and to the principle that any additional financial burden on Member States or enterprises should remain within a reasonable limit.

Article 10

Committee

1.   The Commission shall be assisted by the Statistical Programme Committee (the Committee).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC shall be three months.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The European Central Bank and the national central banks may attend the meetings of the Committee as observers.

Article 11

Cooperation with the Committee on Monetary, Financial and Balance of Payments Statistics

In implementing this Regulation, the Commission shall request the opinion of the Committee on Monetary, Financial and Balance of Payments Statistics on all matters falling within that committee's competence, notably about all measures for adjustment to economic and technical developments concerning the collection and statistical processing of data, the processing and transmission of results.

Article 12

Report on implementation

The Commission shall, by ... (**), submit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, that report shall:

| (a) | assess the quality of the statistics produced; |
| --- | --- |

(a)

assess the quality of the statistics produced;

| (b) | assess the benefits accruing to the Community, the Member States, the providers and users of statistical information of the statistics produced in relation to the costs; |
| --- | --- |

(b)

assess the benefits accruing to the Community, the Member States, the providers and users of statistical information of the statistics produced in relation to the costs;

| (c) | assess the progress of the pilot studies and their implementation; and |
| --- | --- |

(c)

assess the progress of the pilot studies and their implementation; and

| (d) | identify areas for potential improvement and amendments considered necessary in light of the results obtained and the costs involved. |
| --- | --- |

(d)

identify areas for potential improvement and amendments considered necessary in light of the results obtained and the costs involved.

Article 13

Entry into force

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

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 144, 14.6.2005, p. 14.

1

(2)  Position of the European Parliament of 12 December 2006.

2

(3)  OJ L 35, 8.2.2005, p. 23. Regulation as amended by Commission Regulation (EC) No 602/2006 (OJ L 106, 19.4.2006, p. 10).

3

(4)  OJ L 14, 17.1.1997, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p. 1).

4

(5)  OJ L 76, 30.3.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

5

(6)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

6

(7)  OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.

7

(8)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

8

(9)  OJ L 181, 28.6.1989, p. 47.

9

(10)  OJ L 332, 30.11.2006, p. 21.

10

(*)  OJ: Three years from the entry into force of this Regulation.

*

(**)  OJ: Five years from the entry into force of this Regulation.

**

ANNEX I

COMMON MODULE FOR INWARD STATISTICS ON FOREIGN AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches, which are under foreign control according to the definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics as defined in the Annex to Commission Regulation (EC) No 2700/98 of 17 December 1998 concerning the definitions of characteristics for structural business statistics (1) will be compiled:

| Code | Title |
| --- | --- |
| 11 11 0 | Number of enterprises |
| 12 11 0 | Turnover |
| 12 12 0 | Production value |
| 12 15 0 | Value added at factor cost |
| 13 11 0 | Total purchases of goods and services |
| 13 12 0 | Purchases of goods and services purchased for resale in the same condition as received |
| 13 31 0 | Personnel costs |
| 15 11 0 | Gross investment in tangible goods |
| 16 11 0 | Number of persons employed |
| 22 11 0 | Total intra-mural R & D expenditure (*) |
| 22 12 0 | Total number of R & D personnel (*) |

Code

Title

11 11 0

Number of enterprises

12 11 0

Turnover

12 12 0

Production value

12 15 0

Value added at factor cost

13 11 0

Total purchases of goods and services

13 12 0

Purchases of goods and services purchased for resale in the same condition as received

13 31 0

Personnel costs

15 11 0

Gross investment in tangible goods

16 11 0

Number of persons employed

22 11 0

Total intra-mural R & D expenditure (*)

22 12 0

Total number of R & D personnel (*)

If the number of persons employed is not available, the number of employees (code 16 13 0) will be compiled instead.

Variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) are only required to be compiled for activities in NACE sections C, D, E and F.

For NACE section J only the number of enterprises, turnover (**) and the number of persons employed (or the number of employees instead) will be compiled.

SECTION 3

Level of detail

Data will be provided according to the concept of ‘ultimate controlling institutional unit’ with the geographical breakdown level 2-IN combined with the activity breakdown level 3 as specified in Annex III and the geographical breakdown level 3 combined with Business Economy.

SECTION 4

First reference year and periodicity

| 1. | The first reference year for which annual statistics will be compiled is the calendar year of the entry into force of this Regulation. |
| --- | --- |

1.

The first reference year for which annual statistics will be compiled is the calendar year of the entry into force of this Regulation.

| 2. | Member States will provide data for every calendar year thereafter. |
| --- | --- |

2.

Member States will provide data for every calendar year thereafter.

| 3. | The first reference year for which variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) will be compiled is 2007. |
| --- | --- |

3.

The first reference year for which variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) will be compiled is 2007.

SECTION 5

Transmission of results

The results will be transmitted within 20 months after the end of the reference year.

SECTION 6

Reports and pilot studies

| 1. | Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module. |
| --- | --- |

1.

Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module.

| 2. | For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 pursuant to Article 5 of this Regulation. |
| --- | --- |

2.

For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 pursuant to Article 5 of this Regulation.

| 3. | The pilot studies will be carried out in order to assess the feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business. |
| --- | --- |

3.

The pilot studies will be carried out in order to assess the feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business.

| 4. | Pilot studies will be conducted for the following characteristics:






  Code | Title |
| --- | --- | --- |
| | Exports of goods and services |
| Imports of goods and services |
| Intra-group exports of goods and services |
| Intra-group imports of goods and services |

4.

Pilot studies will be conducted for the following characteristics:

Code

Title

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

Exports, imports, intra-group exports and intra-group imports will be broken down into goods and services.

| 5. | Pilot studies will also be conducted to study the feasibility of compiling data for activities in NACE sections M, N and O and of compiling the variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) for activities in NACE sections G, H, I, K, M, N and O. Pilot studies will also be conducted to assess the relevance, feasibility and costs of breaking down the data as specified in section 2 into size classes measured in terms of number of persons employed. |
| --- | --- |

5.

Pilot studies will also be conducted to study the feasibility of compiling data for activities in NACE sections M, N and O and of compiling the variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) for activities in NACE sections G, H, I, K, M, N and O. Pilot studies will also be conducted to assess the relevance, feasibility and costs of breaking down the data as specified in section 2 into size classes measured in terms of number of persons employed.

---

(1)  OJ L 344, 18.12.1998, p. 49. Regulation as last amended by Regulation (EC) No 1670/2003 (OJ L 244, 29.9.2003, p. 74).

(*)  Variables 22 11 0 and 22 12 0 shall be reported every second year. If the total amount of turnover or the number of persons employed in a division of NACE Rev. 1.1 Sections C to F represent, in a Member State, less than 1 % of the Community total, the information necessary for the compilation of statistics relating to characteristics 22 11 0 and 22 12 0 need not be collated for the purposes of this Regulation.

(**)  For NACE Rev. 1.1 division 65 turnover will be replaced by production value.

ANNEX II

COMMON MODULE FOR OUTWARD STATISTICS ON FOREIGN AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches abroad that are controlled by an institutional unit resident in the compiling country, according to the definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics, as defined in the Annex to Regulation (EC) No 2700/98, will be compiled:

| Code | Title |
| --- | --- |
| 12 11 0 | Turnover |
| 16 11 0 | Number of persons employed |
| 11 11 0 | Number of enterprises |

Code

Title

12 11 0

Turnover

16 11 0

Number of persons employed

11 11 0

Number of enterprises

If the number of persons employed is not available, the number of employees (code 16 13 0) will be compiled instead.

SECTION 3

Level of detail

Data will be provided with the detail by country of location and by activity of the foreign affiliate specified in Annex III. The detail by country of location and activity will be combined as follows:

| — | Level 1 of the geographical breakdown combined with Level 2 of the activity breakdown. |
| --- | --- |

—

Level 1 of the geographical breakdown combined with Level 2 of the activity breakdown.

| — | Level 2-OUT of the geographical breakdown combined with level 1 of the activity breakdown. |
| --- | --- |

—

Level 2-OUT of the geographical breakdown combined with level 1 of the activity breakdown.

| — | Level 3 of the geographical breakdown combined with data on total activity only. |
| --- | --- |

—

Level 3 of the geographical breakdown combined with data on total activity only.

SECTION 4

First reference year and periodicity

| 1. | The first reference year for which annual statistics will be compiled is the calendar year of the entry in force of this Regulation. |
| --- | --- |

1.

The first reference year for which annual statistics will be compiled is the calendar year of the entry in force of this Regulation.

| 2. | Member States will provide data for every calendar year thereafter. |
| --- | --- |

2.

Member States will provide data for every calendar year thereafter.

SECTION 5

Transmission of results

The results will be transmitted within 20 months from the end of the reference year.

SECTION 6

Reports and pilot studies

| 1. | Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module. |
| --- | --- |

1.

Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module.

| 2. | For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97, pursuant to Article 5 of this Regulation. |
| --- | --- |

2.

For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97, pursuant to Article 5 of this Regulation.

| 3. | The pilot studies will be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business. |
| --- | --- |

3.

The pilot studies will be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business.

| 4. | Pilot studies will be conducted for the following characteristics:






  Code | Title |
| --- | --- | --- |
| 13 31 0 | Personnel costs |
| Exports of goods and services |
| Imports of goods and services |
| Intra-group exports of goods and services |
| Intra-group imports of goods and services |
| 12 15 0 | Value added at factor cost |
| 15 11 0 | Gross investment in tangible goods |

4.

Pilot studies will be conducted for the following characteristics:

Code

Title

13 31 0

Personnel costs

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

12 15 0

Value added at factor cost

15 11 0

Gross investment in tangible goods

ANNEX III

LEVELS FOR DETAILED INFORMATION BY GEOGRAPHY AND BY ACTIVITY

| Geographical breakdown levels | Level 1 | | Level 2-OUT
  (Level 1 + 24 countries) |
| --- | --- | --- | --- |
| V2 | Extra-EU 27 | V2 | Extra-EU 27 |
| | | IS | Iceland |
| | | LI | Liechtenstein |
| | | NO | Norway |
| CH | Switzerland | CH | Switzerland |
| | | HR | Croatia |
| RU | Russian Federation | RU | Russian Federation |
| | | TR | Turkey |
| | | EG | Egypt |
| | | MA | Morocco |
| | | NG | Nigeria |
| | | ZA | South Africa |
| CA | Canada | CA | Canada |
| US | United States of America | US | United States |
| | | MX | Mexico |
| | | AR | Argentina |
| BR | Brazil | BR | Brazil |
| | | CL | Chile |
| | | UY | Uruguay |
| | | VE | Venezuela |
| | | IL | Israel |
| CN | China | CN | China |
| HK | Hong Kong | HK | Hong Kong |
| IN | India | IN | India |
| | | ID | Indonesia |
| JP | Japan | JP | Japan |
| | | KR | South Korea |
| | | MY | Malaysia |
| | | PH | Philippines |
| | | SG | Singapore |
| | | TW | Taiwan |
| | | TH | Thailand |
| | | AU | Australia |
| | | NZ | New Zealand |
| Z8 | Extra-EU27 not allocated | Z8 | Extra-EU 27 not allocated |
| C4 | Offshore Financial Centres | C4 | Offshore Financial Centres |
| Z7 | Equally-shared control of UCIs  (*)of more than 1 Member State | Z7 | Equally-shared control of UCIs  (*)of more than 1 Member State |

Geographical breakdown levels

Level 1

Level 2-OUT

(Level 1 + 24 countries)

V2

Extra-EU 27

V2

Extra-EU 27

IS

Iceland

LI

Liechtenstein

NO

Norway

CH

Switzerland

CH

Switzerland

HR

Croatia

RU

Russian Federation

RU

Russian Federation

TR

Turkey

EG

Egypt

MA

Morocco

NG

Nigeria

ZA

South Africa

CA

Canada

CA

Canada

US

United States of America

US

United States

MX

Mexico

AR

Argentina

BR

Brazil

BR

Brazil

CL

Chile

UY

Uruguay

VE

Venezuela

IL

Israel

CN

China

CN

China

HK

Hong Kong

HK

Hong Kong

IN

India

IN

India

ID

Indonesia

JP

Japan

JP

Japan

KR

South Korea

MY

Malaysia

PH

Philippines

SG

Singapore

TW

Taiwan

TH

Thailand

AU

Australia

NZ

New Zealand

Z8

Extra-EU27 not allocated

Z8

Extra-EU 27 not allocated

C4

Offshore Financial Centres

C4

Offshore Financial Centres

Z7

Equally-shared control of UCIs  (*)of more than 1 Member State

Z7

Equally-shared control of UCIs  (*)of more than 1 Member State

Level 2-IN

| A1 | World total (all entities including compiling country) |
| --- | --- |
| Z9 | Rest of the World (excluding compiling country) |
| A2 | Controlled by the compiling country |
| V1 | EU-27 (Intra-EU-27) excluding compiling country |
| BE | Belgium |
| BG | Bulgaria |
| CZ | Czech Republic |
| DK | Denmark |
| DE | Germany |
| EE | Estonia |
| GR | Greece |
| ES | Spain |
| FR | France |
| IE | Ireland |
| IT | Italy |
| CY | Cyprus |
| LV | Latvia |
| LT | Lithuania |
| LU | Luxembourg |
| HU | Hungary |
| MT | Malta |
| NL | Netherlands |
| AT | Austria |
| PL | Poland |
| PT | Portugal |
| RO | Romania |
| SI | Slovenia |
| SK | Slovakia |
| FI | Finland |
| SE | Sweden |
| UK | United Kingdom |
| Z7 | Equally-shared control of UCIs (**) of more than one Member State |
| V2 | Extra-EU 27 |
| AU | Australia |
| CA | Canada |
| CH | Switzerland |
| CN | China |
| HK | Hong Kong |
| IL | Israel |
| IS | Iceland |
| JP | Japan |
| LI | Liechtenstein |
| NO | Norway |
| NZ | New Zealand |
| RU | Russian Federation |
| TR | Turkey |
| US | United States |
| C4 | Offshore Financial Centres |
| Z8 | Extra-EU27 not allocated |

A1

World total (all entities including compiling country)

Z9

Rest of the World (excluding compiling country)

A2

Controlled by the compiling country

V1

EU-27 (Intra-EU-27) excluding compiling country

BE

Belgium

BG

Bulgaria

CZ

Czech Republic

DK

Denmark

DE

Germany

EE

Estonia

GR

Greece

ES

Spain

FR

France

IE

Ireland

IT

Italy

CY

Cyprus

LV

Latvia

LT

Lithuania

LU

Luxembourg

HU

Hungary

MT

Malta

NL

Netherlands

AT

Austria

PL

Poland

PT

Portugal

RO

Romania

SI

Slovenia

SK

Slovakia

FI

Finland

SE

Sweden

UK

United Kingdom

Z7

Equally-shared control of UCIs (**) of more than one Member State

V2

Extra-EU 27

AU

Australia

CA

Canada

CH

Switzerland

CN

China

HK

Hong Kong

IL

Israel

IS

Iceland

JP

Japan

LI

Liechtenstein

NO

Norway

NZ

New Zealand

RU

Russian Federation

TR

Turkey

US

United States

C4

Offshore Financial Centres

Z8

Extra-EU27 not allocated

Level 3

| AD | Andorra | EE | Estonia (***) | KZ | Kazakhstan | QA | Qatar |
| --- | --- | --- | --- | --- | --- | --- | --- |
| AE | United Arab Emirates | EG | Egypt | LA | Lao People's Democratic Republic | RO | Romania (***) |
| AF | Afghanistan | ER | Eritrea | LB | Lebanon | RU | Russian Federation |
| AG | Antigua and Barbuda | ES | Spain (***) | LC | Saint Lucia | RW | Rwanda |
| AI | Anguilla | ET | Ethiopia | LI | Liechtenstein | SA | Saudi Arabia |
| AL | Albania | FI | Finland (***) | LK | Sri Lanka | SB | Solomon Islands |
| AM | Armenia | FJ | Fiji | LR | Liberia | SC | Seychelles |
| AN | Netherlands Antilles | FK | Falkland Islands (Malvinas) | LS | Lesotho | SD | Sudan |
| AO | Angola | FM | Micronesia, Federated States of | LT | Lithuania (***) | SE | Sweden (***) |
| AQ | Antarctica | FO | Faroe Islands | LU | Luxembourg (***) | SG | Singapore |
| AR | Argentina | FR | France (***) | LV | Latvia (***) | SH | St Helena |
| AS | American Samoa | GA | Gabon | LY | Libyan Arab Jamahiriya | SI | Slovenia (***) |
| AT | Austria (***) | GD | Grenada | MA | Morocco | SK | Slovakia (***) |
| AU | Australia | GE | Georgia | MD | Moldova, Republic of | SL | Sierra Leone |
| AW | Aruba | GG | Guernsey | MG | Madagascar | SM | San Marino |
| AZ | Azerbaijan | GH | Ghana | MH | Marshall Islands | SN | Senegal |
| BA | Bosnia and Herzegovina | GI | Gibraltar | MK (1) | The Former Yugoslav Republic of Macedonia | SO | Somalia |
| BB | Barbados | GL | Greenland | ML | Mali | SR | Suriname |
| BD | Bangladesh | GM | Gambia | MM | Myanmar | ST | Sao Tome and Principe |
| BE | Belgium (***) | GN | Guinea | MN | Mongolia | SV | El Salvador |
| BF | Burkina Faso | GQ | Equatorial Guinea | MO | Macau | SY | Syrian Arab Republic |
| BG | Bulgaria (***) | GR | Greece (***) | MP | Northern Mariana Islands | SZ | Swaziland |
| BH | Bahrain | GS | South Georgia and the South Sandwich Islands | MR | Mauritania | TC | Turks and Caicos Islands |
| BI | Burundi | GT | Guatemala | MS | Montserrat | TD | Chad |
| BJ | Benin | GU | Guam | MT | Malta (***) | TF | French Southern Territories |
| BM | Bermuda | GW | Guinea-Bissau | MU | Mauritius | TG | Togo |
| BN | Brunei Darussalam | GY | Guyana | MV | Maldives | TH | Thailand |
| BO | Bolivia | HK | Hong Kong | MW | Malawi | TJ | Tajikistan |
| BR | Brazil | HM | Heard Island and McDonald Islands | MX | Mexico | TK | Tokelau |
| BS | Bahamas | HN | Honduras | MY | Malaysia | TM | Turkmenistan |
| BT | Bhutan | HR | Croatia | MZ | Mozambique | TN | Tunisia |
| BV | Bouvet Island | HT | Haiti | NA | Namibia | TO | Tonga |
| BW | Botswana | HU | Hungary (***) | NC | New Caledonia | TP | East Timor |
| BY | Belarus | ID | Indonesia | NE | Niger | TR | Turkey |
| BZ | Belize | IE | Ireland (***) | NF | Norfolk Island | TT | Trinidad and Tobago |
| CA | Canada | IL | Israel | NG | Nigeria | TV | Tuvalu |
| CC | Cocos (Keeling) Islands | IM | Isle of Man (No official ISO 3166-1 country code, exceptionally reserved code elements) | NI | Nicaragua | TW | Taiwan, Province of China |
| CD | Congo, the Democratic Republic of the | IN | India | NL | Netherlands (***) | TZ | Tanzania, United Republic of |
| CF | Central African Republic | IO | British Indian Ocean Territory | NO | Norway | UA | Ukraine |
| CG | Congo | IQ | Iraq | NP | Nepal | UG | Uganda |
| CH | Switzerland | IR | Iran, Islamic Republic of | NR | Nauru | UK | United Kingdom (***) |
| CI | Côte d'Ivoire | IS | Iceland | NU | Niue | UM | United States Minor Outlying Islands |
| CK | Cook Islands | IT | Italy (***) | NZ | New Zealand | US | United States |
| CL | Chile | JE | Jersey (No official ISO 3166-1 country code, exceptionally reserved code elements) | OM | Oman | UY | Uruguay |
| CM | Cameroon | JM | Jamaica | PA | Panama | UZ | Uzbekistan |
| CN | China | JO | Jordan | PE | Peru | VA | Holy See (Vatican City State) |
| CO | Colombia | JP | Japan | PF | French Polynesia | VC | St Vincent and the Grenadines |
| CR | Costa Rica | KE | Kenya | PG | Papua New Guinea | VE | Venezuela |
| CU | Cuba | KG | Kyrgyzstan | PH | Philippines | VG | Virgin Islands, British |
| CV | Cape Verde | KH | Cambodia (Kampuchea) | PK | Pakistan | VI | Virgin Islands, US |
| CX | Christmas Island | KI | Kiribati | PL | Poland (***) | VN | Viet Nam |
| CY | Cyprus (***) | KM | Comoros | PN | Pitcairn | VU | Vanuatu |
| CZ | Czech Republic (***) | KN | St Kitts and Nevis | PS | Palestinian Territory, Occupied | WF | Wallis and Futuna |
| DE | Germany (***) | KP | Korea, Democratic People's Republic of (North Korea) | PT | Portugal (***) | WS | Samoa |
| DJ | Djibouti | KR | Korea, Republic of (South Korea) | PW | Palau | YE | Yemen |
| DK | Denmark (***) | KW | Kuwait | PY | Paraguay | | |
| DM | Dominica | KY | Cayman Islands | | | ZA | South Africa |
| DO | Dominican Republic | | | | | ZM | Zambia |
| DZ | Algeria | | | | | ZW | Zimbabwe |
| EC | Ecuador | Z8 | Extra EU-27 not allocated | | | RS | Serbia |
| A2 | Controlled by the compiling country | Z7 | Equally-shared control of UCIs  (****)of more than 1 Member State | | | ME | Montenegro |

AD

Andorra

EE

Estonia (***)

KZ

Kazakhstan

QA

Qatar

AE

United Arab Emirates

EG

Egypt

LA

Lao People's Democratic Republic

RO

Romania (***)

AF

Afghanistan

ER

Eritrea

LB

Lebanon

RU

Russian Federation

AG

Antigua and Barbuda

ES

Spain (***)

LC

Saint Lucia

RW

Rwanda

AI

Anguilla

ET

Ethiopia

LI

Liechtenstein

SA

Saudi Arabia

AL

Albania

FI

Finland (***)

LK

Sri Lanka

SB

Solomon Islands

AM

Armenia

FJ

Fiji

LR

Liberia

SC

Seychelles

AN

Netherlands Antilles

FK

Falkland Islands (Malvinas)

LS

Lesotho

SD

Sudan

AO

Angola

FM

Micronesia, Federated States of

LT

Lithuania (***)

SE

Sweden (***)

AQ

Antarctica

FO

Faroe Islands

LU

Luxembourg (***)

SG

Singapore

AR

Argentina

FR

France (***)

LV

Latvia (***)

SH

St Helena

AS

American Samoa

GA

Gabon

LY

Libyan Arab Jamahiriya

SI

Slovenia (***)

AT

Austria (***)

GD

Grenada

MA

Morocco

SK

Slovakia (***)

AU

Australia

GE

Georgia

MD

Moldova, Republic of

SL

Sierra Leone

AW

Aruba

GG

Guernsey

MG

Madagascar

SM

San Marino

AZ

Azerbaijan

GH

Ghana

MH

Marshall Islands

SN

Senegal

BA

Bosnia and Herzegovina

GI

Gibraltar

MK (1)

The Former Yugoslav Republic of Macedonia

SO

Somalia

BB

Barbados

GL

Greenland

ML

Mali

SR

Suriname

BD

Bangladesh

GM

Gambia

MM

Myanmar

ST

Sao Tome and Principe

BE

Belgium (***)

GN

Guinea

MN

Mongolia

SV

El Salvador

BF

Burkina Faso

GQ

Equatorial Guinea

MO

Macau

SY

Syrian Arab Republic

BG

Bulgaria (***)

GR

Greece (***)

MP

Northern Mariana Islands

SZ

Swaziland

BH

Bahrain

GS

South Georgia and the South Sandwich Islands

MR

Mauritania

TC

Turks and Caicos Islands

BI

Burundi

GT

Guatemala

MS

Montserrat

TD

Chad

BJ

Benin

GU

Guam

MT

Malta (***)

TF

French Southern Territories

BM

Bermuda

GW

Guinea-Bissau

MU

Mauritius

TG

Togo

BN

Brunei Darussalam

GY

Guyana

MV

Maldives

TH

Thailand

BO

Bolivia

HK

Hong Kong

MW

Malawi

TJ

Tajikistan

BR

Brazil

HM

Heard Island and McDonald Islands

MX

Mexico

TK

Tokelau

BS

Bahamas

HN

Honduras

MY

Malaysia

TM

Turkmenistan

BT

Bhutan

HR

Croatia

MZ

Mozambique

TN

Tunisia

BV

Bouvet Island

HT

Haiti

NA

Namibia

TO

Tonga

BW

Botswana

HU

Hungary (***)

NC

New Caledonia

TP

East Timor

BY

Belarus

ID

Indonesia

NE

Niger

TR

Turkey

BZ

Belize

IE

Ireland (***)

NF

Norfolk Island

TT

Trinidad and Tobago

CA

Canada

IL

Israel

NG

Nigeria

TV

Tuvalu

CC

Cocos (Keeling) Islands

IM

Isle of Man (No official ISO 3166-1 country code, exceptionally reserved code elements)

NI

Nicaragua

TW

Taiwan, Province of China

CD

Congo, the Democratic Republic of the

IN

India

NL

Netherlands (***)

TZ

Tanzania, United Republic of

CF

Central African Republic

IO

British Indian Ocean Territory

NO

Norway

UA

Ukraine

CG

Congo

IQ

Iraq

NP

Nepal

UG

Uganda

CH

Switzerland

IR

Iran, Islamic Republic of

NR

Nauru

UK

United Kingdom (***)

CI

Côte d'Ivoire

IS

Iceland

NU

Niue

UM

United States Minor Outlying Islands

CK

Cook Islands

IT

Italy (***)

NZ

New Zealand

US

United States

CL

Chile

JE

Jersey (No official ISO 3166-1 country code, exceptionally reserved code elements)

OM

Oman

UY

Uruguay

CM

Cameroon

JM

Jamaica

PA

Panama

UZ

Uzbekistan

CN

China

JO

Jordan

PE

Peru

VA

Holy See (Vatican City State)

CO

Colombia

JP

Japan

PF

French Polynesia

VC

St Vincent and the Grenadines

CR

Costa Rica

KE

Kenya

PG

Papua New Guinea

VE

Venezuela

CU

Cuba

KG

Kyrgyzstan

PH

Philippines

VG

Virgin Islands, British

CV

Cape Verde

KH

Cambodia (Kampuchea)

PK

Pakistan

VI

Virgin Islands, US

CX

Christmas Island

KI

Kiribati

PL

Poland (***)

VN

Viet Nam

CY

Cyprus (***)

KM

Comoros

PN

Pitcairn

VU

Vanuatu

CZ

Czech Republic (***)

KN

St Kitts and Nevis

PS

Palestinian Territory, Occupied

WF

Wallis and Futuna

DE

Germany (***)

KP

Korea, Democratic People's Republic of (North Korea)

PT

Portugal (***)

WS

Samoa

DJ

Djibouti

KR

Korea, Republic of (South Korea)

PW

Palau

YE

Yemen

DK

Denmark (***)

KW

Kuwait

PY

Paraguay

DM

Dominica

KY

Cayman Islands

ZA

South Africa

DO

Dominican Republic

ZM

Zambia

DZ

Algeria

ZW

Zimbabwe

EC

Ecuador

Z8

Extra EU-27 not allocated

RS

Serbia

A2

Controlled by the compiling country

Z7

Equally-shared control of UCIs  (****)of more than 1 Member State

ME

Montenegro

ACTIVITY BREAKDOWN LEVELS

| Level 1 | Level 2 |
| --- | --- |
| | NACE Rev. 1.1 (1) |
| TOTAL ACTIVITY | TOTAL ACTIVITY | Sec C to O (excluding L) |
| MINING & QUARRYING | MINING AND QUARRYING | Sec C |
| Of which: | |
| Extraction of petroleum and gas | Div 11 |
| MANUFACTURING | MANUFACTURING | Sec D |
| Food products | Subsection DA |
| Textiles and wearing apparel | Subsection DB |
| Wood, publishing and printing | Subsections DD & DE |
| TOTAL textiles + wood activities | |
| Refined petroleum prod. and other treatments | Div 23 |
| Manufacture of chemicals & chemical products | Div 24 |
| Rubber and plastic products | Div 25 |
| Petrol, chem., rubber, plastic prod. | TOTAL petroleum, chemic., rubber, plastic products | |
| Metal products | Subsection DJ |
| Mechanical products | Div 29 |
| TOTAL metal and mechanical products | |
| Office machinery and computers | Div 30 |
| Radio, TV, communication equipments | Div 32 |
| Office mach., comp., RTV, comm. eq. | TOTAL machin., comput., RTV, comm. equip. | |
| Vehicles, other transport equip. | Motor vehicles | Div 34 |
| Other transport equipment | Div 35 |
| TOTAL vehicles + other transport equipment | |
| Manufacturing n.i.e. | |
| ELECTRIC., GAS & WATER | ELECTRICITY, GAS AND WATER | Sec E |
| CONSTRUCTION | CONSTRUCTION | Sec F |
| TOTAL SERVICES | TOTAL SERVICES | |
| TRADE AND REPAIRS | TRADE AND REPAIRS | Sec G |
| Sale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel | Div 50 |
| Wholesale trade and commission trade, except of motor vehicles and motor cycles | Div 51 |
| Retail trade, except of motor vehicles and motor cycles; repair of personal and household goods | Div 52 |
| HOTELS & RESTAURANTS | HOTELS AND RESTAURANTS | Sec H |
| TRANSP., STORAGE AND COM. | TRANSPORTS, STORAGE AND COMMUNICATION | Sec I |
| Transport and storage | Div 60, 61, 62, 63 |
| Land transport; transport via pipelines | Div 60 |
| Water transport | Div 61 |
| Air transport | Div 62 |
| Supporting and auxiliary transport activities; activities of travel agencies | Div 63 |
| Post and telecommunications | Div 64 |
| Post and courier activities | Group 641 |
| Telecommunications | Group 642 |
| FINANCIAL INTERMED. | FINANCIAL INTERMEDIATION | Sec J |
| Financial intermediation, except insurance and pension funding | Div 65 |
| Insurance and pension funding, except compulsory social security | Div 66 |
| Activities auxiliary to financial intermediation | Div 67 |
| REAL ESTATE ACTIVITIES | Sec K, Div 70 |
| RENTING OF MACHINERY AND EQUIPMENT WITHOUT OPERATOR AND OF PERSONAL AND HOUSEHOLD GOODS | Sec K, Div 71 |
| COMPUT. & RELATED ACT. | COMPUTER AND RELATED ACTIVITIES | Sec K, Div 72 |
| RESEARCH & DEVELOP. | RESEARCH AND DEVELOPMENT | Sec K, Div 73 |
| OTHER BUSINESS ACT. | OTHER BUSINESS ACTIVITIES | Sec K, Div 74 |
| Legal, account., market research, consultancy | Group 741 |
| Legal activities | Class 7411 |
| Account., bookkeeping and audit.; tax consult. | Class 7412 |
| Market research and public opinion polling | Class 7413 |
| Business and management consultancy activities | Class 7414 |
| Management activities of holding companies | Class 7415 |
| Architectural, engineering and other tech. act. | Group 742 |
| Advertising | Group 744 |
| Business activities n.e.c. | Group 743, 745, 746, 747, 748 |
| REC., CULT., SPORTING ACTIV. | EDUCATION | Sec M |
| HEALTH AND SOCIAL WORK | Sec N |
| SEWAGE AND REFUSE DISPOSAL | Sec O, Div 90 |
| ACTIVITIES OF MEMBERSHIP ORGANIS. N.E.C. | Sec O, Div 91 |
| RECREATIONAL, CULT., SPORTING ACTIVITIES | Sec O, Div 92 |
| Motion picture, radio, tel., other entertain. activ. | Group 921, 922, 923 |
| News agency activities | Group 924 |
| Library, archives, museums, other cultural act. | Group 925 |
| Sporting and other recreational activities | Group 926, 927 |
| OTHER SERVICE ACTIVITIES | Sec O, Div 93 |
| Not allocated | |

Level 1

Level 2

NACE Rev. 1.1 (1)

TOTAL ACTIVITY

TOTAL ACTIVITY

Sec C to O (excluding L)

MINING & QUARRYING

MINING AND QUARRYING

Sec C

Of which:

Extraction of petroleum and gas

Div 11

MANUFACTURING

MANUFACTURING

Sec D

Food products

Subsection DA

Textiles and wearing apparel

Subsection DB

Wood, publishing and printing

Subsections DD & DE

TOTAL textiles + wood activities

Refined petroleum prod. and other treatments

Div 23

Manufacture of chemicals & chemical products

Div 24

Rubber and plastic products

Div 25

Petrol, chem., rubber, plastic prod.

TOTAL petroleum, chemic., rubber, plastic products

Metal products

Subsection DJ

Mechanical products

Div 29

TOTAL metal and mechanical products

Office machinery and computers

Div 30

Radio, TV, communication equipments

Div 32

Office mach., comp., RTV, comm. eq.

TOTAL machin., comput., RTV, comm. equip.

Vehicles, other transport equip.

Motor vehicles

Div 34

Other transport equipment

Div 35

TOTAL vehicles + other transport equipment

Manufacturing n.i.e.

ELECTRIC., GAS & WATER

ELECTRICITY, GAS AND WATER

Sec E

CONSTRUCTION

CONSTRUCTION

Sec F

TOTAL SERVICES

TOTAL SERVICES

TRADE AND REPAIRS

TRADE AND REPAIRS

Sec G

Sale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel

Div 50

Wholesale trade and commission trade, except of motor vehicles and motor cycles

Div 51

Retail trade, except of motor vehicles and motor cycles; repair of personal and household goods

Div 52

HOTELS & RESTAURANTS

HOTELS AND RESTAURANTS

Sec H

TRANSP., STORAGE AND COM.

TRANSPORTS, STORAGE AND COMMUNICATION

Sec I

Transport and storage

Div 60, 61, 62, 63

Land transport; transport via pipelines

Div 60

Water transport

Div 61

Air transport

Div 62

Supporting and auxiliary transport activities; activities of travel agencies

Div 63

Post and telecommunications

Div 64

Post and courier activities

Group 641

Telecommunications

Group 642

FINANCIAL INTERMED.

FINANCIAL INTERMEDIATION

Sec J

Financial intermediation, except insurance and pension funding

Div 65

Insurance and pension funding, except compulsory social security

Div 66

Activities auxiliary to financial intermediation

Div 67

REAL ESTATE ACTIVITIES

Sec K, Div 70

RENTING OF MACHINERY AND EQUIPMENT WITHOUT OPERATOR AND OF PERSONAL AND HOUSEHOLD GOODS

Sec K, Div 71

COMPUT. & RELATED ACT.

COMPUTER AND RELATED ACTIVITIES

Sec K, Div 72

RESEARCH & DEVELOP.

RESEARCH AND DEVELOPMENT

Sec K, Div 73

OTHER BUSINESS ACT.

OTHER BUSINESS ACTIVITIES

Sec K, Div 74

Legal, account., market research, consultancy

Group 741

Legal activities

Class 7411

Account., bookkeeping and audit.; tax consult.

Class 7412

Market research and public opinion polling

Class 7413

Business and management consultancy activities

Class 7414

Management activities of holding companies

Class 7415

Architectural, engineering and other tech. act.

Group 742

Advertising

Group 744

Business activities n.e.c.

Group 743, 745, 746, 747, 748

REC., CULT., SPORTING ACTIV.

EDUCATION

Sec M

HEALTH AND SOCIAL WORK

Sec N

SEWAGE AND REFUSE DISPOSAL

Sec O, Div 90

ACTIVITIES OF MEMBERSHIP ORGANIS. N.E.C.

Sec O, Div 91

RECREATIONAL, CULT., SPORTING ACTIVITIES

Sec O, Div 92

Motion picture, radio, tel., other entertain. activ.

Group 921, 922, 923

News agency activities

Group 924

Library, archives, museums, other cultural act.

Group 925

Sporting and other recreational activities

Group 926, 927

OTHER SERVICE ACTIVITIES

Sec O, Div 93

Not allocated

| Level 3 (NACE Rev. 1.1) |
| --- |
| Heading | Requested level of detail |
| Business Economy | Sections C to K |
| Mining and quarrying | Section C |
| Manufacturing | Section D
  All subsections DA to DN
  All divisions 15 to 37 |
| Aggregates: |
| High-technology (HIT)
  Medium-high-technology (MHT)
  Medium-low-technology (MLT)
  Low-Technology (LOT) | 24.4, 30, 32, 33, 35.3
  24 except 24.4, 29, 31, 34, 35.2, 35.4, 35.5
  23, 25-28, 35.1
  15-22, 36, 37 |
| Electricity, gas and water supply | Section E
  All divisions (40 and 41) |
| Construction | Section F (Division 45)
  All Groups (45.1 to 45.5) |
| Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods | Section G
  All divisions (50 to 52)
  Groups 50.1 + 50.2 + 50.3, 50.4, 50.5, 51.1 to 51.9
  Groups 52.1 to 52.7 |
| Hotels and restaurants | Section H (Division 55)
  Groups 55.1 to 55.5 |
| Transport, storage and communication | Section I
  All divisions
  Groups 60.1, 60.2, 60.3, 63.1 + 63.2, 63.3, 63.4, 64.1, 64.2 |
| Financial intermediation | Section J
  All divisions |
| Real estate, renting and business activities | Section K
  Division 70
  Division 71, groups 71.1 + 71.2, 71.3 and 71.4
  Division 72, groups 72.1 to 72.6
  Division 73
  Division 74, the aggregates 74.1 to 74.4 and 74.5 to 74.8 |

Level 3 (NACE Rev. 1.1)

Heading

Requested level of detail

Business Economy

Sections C to K

Mining and quarrying

Section C

Manufacturing

Section D

All subsections DA to DN

All divisions 15 to 37

Aggregates:

High-technology (HIT)

Medium-high-technology (MHT)

Medium-low-technology (MLT)

Low-Technology (LOT)

24.4, 30, 32, 33, 35.3

24 except 24.4, 29, 31, 34, 35.2, 35.4, 35.5

23, 25-28, 35.1

15-22, 36, 37

Electricity, gas and water supply

Section E

All divisions (40 and 41)

Construction

Section F (Division 45)

All Groups (45.1 to 45.5)

Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods

Section G

All divisions (50 to 52)

Groups 50.1 + 50.2 + 50.3, 50.4, 50.5, 51.1 to 51.9

Groups 52.1 to 52.7

Hotels and restaurants

Section H (Division 55)

Groups 55.1 to 55.5

Transport, storage and communication

Section I

All divisions

Groups 60.1, 60.2, 60.3, 63.1 + 63.2, 63.3, 63.4, 64.1, 64.2

Financial intermediation

Section J

All divisions

Real estate, renting and business activities

Section K

Division 70

Division 71, groups 71.1 + 71.2, 71.3 and 71.4

Division 72, groups 72.1 to 72.6

Division 73

Division 74, the aggregates 74.1 to 74.4 and 74.5 to 74.8

---

(*)  Ultimate controlling institutional unit of a foreign affiliate.

(**)  Ultimate controlling institutional unit of a foreign affiliate.

(1)  Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiation currently taking place at the United Nations.

(***)  Only for Inward.

(****)  Ultimate controlling institutional unit of a foreign affiliate.

(1)  Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Regulation (EC) No 1893/2006.

P6_TA(2006)0548

Financing instrument for the promotion of democracy and human rights worldwide ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0354), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0354),

| — | having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0206/2006), |
| --- | --- |

—

having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0206/2006),

| — | having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (1) (IIA) and the related exchange of letters, |
| --- | --- |

—

having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (1) (IIA) and the related exchange of letters,

| — | 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 Foreign Affairs and the opinions of the Committee on Development, of the Committee on Women's Rights and Gender Equality and of the Committee on Budgets (A6-0376/2006); |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development, of the Committee on Women's Rights and Gender Equality and of the Committee on Budgets (A6-0376/2006);

| 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. | Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with point 37 of the IIA; |
| --- | --- |

3.

Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with point 37 of the IIA;

| 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)  OJ C 139, 14.6.2006, p. 1.

P6_TC1-COD(2006)0116

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 179(1) and 181a(2) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),

Whereas:

| (1) | A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 of 17 July 2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No [...] (*) of the European Parliament and of the Council of 12 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No [...] (*) of [...] (5) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (6) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities. |
| --- | --- |

(1)

A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 of 17 July 2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No [...] (*) of the European Parliament and of the Council of 12 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No [...] (*) of [...] (5) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (6) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities.

| (2) | Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. |
| --- | --- |

(2)

Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.

| (3) | The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (7). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (8). |
| --- | --- |

(3)

The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (7). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (8).

| (4) | This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (9). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs). |
| --- | --- |

(4)

This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (9). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs).

| (5) | The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component. |
| --- | --- |

(5)

The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component.

| (6) | This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms. |
| --- | --- |

(6)

This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.

| (7) | The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments. |
| --- | --- |

(7)

The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments.

| (8) | Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights. |
| --- | --- |

(8)

Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights.

| (9) | Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community. |
| --- | --- |

(9)

Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community.

| (10) | In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (10) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (11), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, 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 (12), and humanitarian aid. |
| --- | --- |

(10)

In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (10) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (11), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, 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 (12), and humanitarian aid.

| (11) | Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability. |
| --- | --- |

(11)

Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability.

| (12) | In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion. |
| --- | --- |

(12)

In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion.

| (13) | Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards. |
| --- | --- |

(13)

Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards.

| (14) | Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument. |
| --- | --- |

(14)

Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument.

| (15) | The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States. |
| --- | --- |

(15)

The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States.

| (16) | The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament. |
| --- | --- |

(16)

The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.

| (17) | The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible. |
| --- | --- |

(17)

The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible.

| (18) | The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments. |
| --- | --- |

(18)

The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments.

| (19) | The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation. |
| --- | --- |

(19)

The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation.

| (20) | This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (13). |
| --- | --- |

(20)

This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (13).

| (21) | Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (14), which served as the legal basis for funding. |
| --- | --- |

(21)

Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (14), which served as the legal basis for funding.

| (22) | European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (15). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation. |
| --- | --- |

(22)

European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (15). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation.

| (23) | 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 (16). |
| --- | --- |

(23)

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 (16).

| (24) | In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(24)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES AND SCOPE

Article 1

Objectives

1.   This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community's policy on development cooperation, and economic, financial and technical cooperation with third countries, consistent with the European Union's foreign policy as a whole, contributing to the development and consolidation of democracy and the rule of law, and of respect for all human rights and fundamental freedoms.

2.   Such assistance shall aim in particular at

| (a) | enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion; |
| --- | --- |

(a)

enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion;

| (b) | supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks; |
| --- | --- |

(b)

supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks;

| (c) | building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes. |
| --- | --- |

(c)

building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes.

Article 2

Scope

1.   Having regard to Articles 1 and 3, Community assistance shall relate to the following fields:

| (a) | promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:






  (i) | promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship; |
| --- | --- | --- |

(a)

promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:

(i)

promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship;

| (ii) | strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice; |
| --- | --- |

(ii)

strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice;

| (iii) | promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms; |
| --- | --- |

(iii)

promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms;

| (iv) | supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption; |
| --- | --- |

(iv)

supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption;

| (v) | promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level; |
| --- | --- |

(v)

promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level;

| (vi) | promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women; |
| --- | --- |

(vi)

promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;

| (vii) | supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation; |
| --- | --- |

(vii)

supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation;

| (b) | the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:






  (i) | the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture; |
| --- | --- | --- |

(b)

the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:

(i)

the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture;

| (ii) | support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms; |
| --- | --- |

(ii)

support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;

| (iii) | the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; |
| --- | --- |

(iii)

the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;

| (iv) | the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups; |
| --- | --- |

(iv)

the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups;

| (v) | the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women; |
| --- | --- |

(v)

the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women;

| (vi) | the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers; |
| --- | --- |

(vi)

the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers;

| (vii) | the rights of persons with disabilities; |
| --- | --- |

(vii)

the rights of persons with disabilities;

| (viii) | the promotion of core labour standards and corporate social responsibility; |
| --- | --- |

(viii)

the promotion of core labour standards and corporate social responsibility;

| (ix) | education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii); |
| --- | --- |

(ix)

education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii);

| (x) | support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii); |
| --- | --- |

(x)

support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii);

| (c) | the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by






  (i) | providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy; |
| --- | --- | --- |

(c)

the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by

(i)

providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy;

| (ii) | fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy; |
| --- | --- |

(ii)

fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy;

| (iii) | promoting observance of international humanitarian law; |
| --- | --- |

(iii)

promoting observance of international humanitarian law;

| (d) | building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular






  (i) | through deployment of European Union Election Observation Missions; |
| --- | --- | --- |

(d)

building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular

(i)

through deployment of European Union Election Observation Missions;

| (ii) | through other measures of monitoring electoral processes; |
| --- | --- |

(ii)

through other measures of monitoring electoral processes;

| (iii) | by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process; |
| --- | --- |

(iii)

by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process;

| (iv) | by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations. |
| --- | --- |

(iv)

by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations.

2.   The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of vulnerable groups and accountability shall be taken into account whenever relevant by all assistance measures referred to in this Regulation.

3.   The assistance measures referred to in this Regulation shall be implemented in the territory of third countries or shall be directly related to situations arising in third countries, or shall be directly related to global or regional actions.

Article 3

Complementarity and Coherence of Community Assistance

1.   Community assistance under this Regulation shall be consistent with the framework of the Community's policy on development cooperation and with the European Union's foreign policy as a whole, and complementary to that provided for under related Community instruments for external assistance and 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, on the other part. Complementary Community assistance under this Regulation shall be provided to reinforce action under the related external assistance instruments.

2.   The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures.

3.   In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close coordination between its own activities and those of the Member States, both at decision-making level and on the ground. Coordination shall involve regular consultations and frequent exchanges of relevant information, including with other donors, during the different phases of the assistance cycle, in particular at field level.

4.   The Commission shall inform and have regular exchanges of views with the European Parliament.

5.   The Commission shall seek regular exchanges of information with civil society, at all levels, including in third countries.

TITLE II

IMPLEMENTATION

Article 4

General framework for implementation

Community assistance under this Regulation shall be implemented through the following measures:

| (a) | Strategy Papers and revisions thereof as appropriate; |
| --- | --- |

(a)

Strategy Papers and revisions thereof as appropriate;

| (b) | Annual Action Programmes; |
| --- | --- |

(b)

Annual Action Programmes;

| (c) | Special Measures; |
| --- | --- |

(c)

Special Measures;

| (d) | Ad hoc Measures. |
| --- | --- |

(d)

Ad hoc Measures.

Article 5

Strategy Papers and Revisions

1.   Strategy Papers shall set out the Community's strategy for Community assistance under this Regulation, the Community's priorities, the international situation and the activities of the main partners. They shall be consistent with the overall purpose, objectives, scope, and principles of this Regulation.

2.   Strategy Papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.

3.   Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). They shall cover no more than the period of validity of this Regulation. Strategy Papers shall be reviewed at mid-term, or ad hoc if necessary.

4.   The Commission and Member States shall exchange information and consult each other, as well as other donors and actors including representatives of civil society, at an early stage of the programming process in order to promote complementarity among their cooperation activities.

Article 6

Annual Action Programmes

1.   Notwithstanding Article 7, the Commission shall adopt Annual Action Programmes based on the Strategy Papers and Revisions referred to in Article 5.

2.   Annual Action Programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Objectives shall be measurable and have time-bound benchmarks.

3.   Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). In cases where amendments to Annual Action Programmes do not exceed 20 % of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 17(1) thereof.

4.   In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes.

Article 7

Special Measures

1.   Notwithstanding Article 5, in the event of unforeseen and duly justified needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.

2.   Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures and the total amount of financing. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and the indicative timetable for their implementation. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.

3.   Where the cost of such measures is equal to or exceeds 3 000 000euro, the Commission shall adopt them in accordance with the procedure laid down in Article 17(2).

4.   For Special Measures costing below 3 000 000euro, the Commission shall send the measures to the European Parliament and the Member States for information within 10 working days of adopting its decision.

Article 8

Support measures

1.   Community financing under this Regulation may cover expenditure associated with the preparation, follow-up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, such as studies, meetings, information, awareness-raising, training and publication activities, including training and educational measures for partners from civil society, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance expenditure necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions to highlight the Community character of the assistance measures, and for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.

2.   Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.

3.   The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in Article 5 in accordance with Article 7(3) and (4).

Article 9

Ad hoc Measures

1.   Notwithstanding Article 5, the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs.

2.   The Commission shall regularly inform the European Parliament and the Member States of the ad hoc measures carried out.

Article 10

Eligibility

1.   Without prejudice to Article 14, the following bodies and actors operating on an independent and accountable basis shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6, 7 and 9:

| (a) | civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level; |
| --- | --- |

(a)

civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level;

| (b) | public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level; |
| --- | --- |

(b)

public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level;

| (c) | national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument; |
| --- | --- |

(c)

national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument;

| (d) | international and regional inter-governmental organisations; |
| --- | --- |

(d)

international and regional inter-governmental organisations;

| (e) | natural persons when this is necessary to achieve the objectives of this Regulation. |
| --- | --- |

(e)

natural persons when this is necessary to achieve the objectives of this Regulation.

2.   Other bodies or actors not listed in paragraph 1 can be financed, exceptionally and in duly justified cases, provided this is necessary to achieve the objectives of this Regulation.

Article 11

Management Procedures

1.   The assistance measures financed under this Regulation shall be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (17) and any revision thereof on a centralised basis or by joint management with international organisations in accordance with Article 53(1) of that Regulation.

2.   In the event of co-financing and in other duly justified cases, the Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation.

Article 12

Budget commitments

1.   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7, 8 and 9.

2.   Community financing may take one of the following legal forms, inter alia:

| (a) | grant agreements, grant decisions or contribution agreements; |
| --- | --- |

(a)

grant agreements, grant decisions or contribution agreements;

| (b) | agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002; |
| --- | --- |

(b)

agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002;

| (c) | procurement contracts; |
| --- | --- |

(c)

procurement contracts;

| (d) | employment contracts. |
| --- | --- |

(d)

employment contracts.

Article 13

Types of financing

1.   Community financing may take the following forms:

| (a) | projects and programmes; |
| --- | --- |

(a)

projects and programmes;

| (b) | grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d); |
| --- | --- |

(b)

grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d);

| (c) | small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1); |
| --- | --- |

(c)

small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1);

| (d) | grants to support operating costs of the Office of the UN High Commissioner for Human Rights; |
| --- | --- |

(d)

grants to support operating costs of the Office of the UN High Commissioner for Human Rights;

| (e) | grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation; |
| --- | --- |

(e)

grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;

| (f) | contributions to international funds, such as those managed by international or regional organisations; |
| --- | --- |

(f)

contributions to international funds, such as those managed by international or regional organisations;

| (g) | human and material resources for effective implementation of European Union Election Observation Missions; |
| --- | --- |

(g)

human and material resources for effective implementation of European Union Election Observation Missions;

| (h) | public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002. |
| --- | --- |

(h)

public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002.

2.   Measures financed under this Regulation are eligible for cofinancing from the following, in particular from:

| (a) | Member States and their local authorities, and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States and their local authorities, and in particular their public and parastatal agencies;

| (b) | other donor countries, and in particular their public and parastatal agencies; |
| --- | --- |

(b)

other donor countries, and in particular their public and parastatal agencies;

| (c) | international and regional inter-governmental organisations; |
| --- | --- |

(c)

international and regional inter-governmental organisations;

| (d) | companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors. |
| --- | --- |

(d)

companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors.

3.   In the case of parallel co-financing, the project or programme is to be split into a number of clearly identifiable components, which are each financed by different partners providing co-financing in such a way that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of the project or programme is to be shared between the partners providing the co-financing and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.

4.   In the case of joint co-financing, the Commission may receive and manage funds on behalf of the bodies referred to in paragraph 2 (a), (b), and (c), for the purpose of implementing joint measures. Such funds shall be dealt with as assigned revenue in accordance with Article 18 of Regulation (EC, Euratom) No 1605/2002.

5.   In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of Regulation (EC) No 1605/2002.

6.   Community assistance shall not be used for paying taxes, duties or charges in beneficiary countries.

Article 14

Rules of participation and rules of origin

1.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a Member State of the Community, in an accession or official candidate country as recognised by the European Community or in a Member State of the European Economic Area.

Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a developing country, as specified by the Development Assistance Committee of the Organization for Economic Cooperation and Development (OECD/DAC), in addition to natural or legal persons eligible by virtue of this Regulation. The Commission shall publish and update the list of developing countries established by the OECD/DAC in accordance with regular reviews of this list and inform the Council thereof.

2.   Participation in the award of procurement or grant contracts financed under this Regulation shall also be open to all natural persons who are nationals of or legal persons who are established in any country other than those referred to in paragraph 1, where reciprocal access to their external assistance has been established. Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member States and to the recipient country concerned.

Reciprocal access shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with the procedure laid down in Article 17(2) and shall be in force for a minimum period of one year.

3.   Participation in the award of grants and public contracts financed under this Regulation shall be open to international organisations.

4.   The provisions of paragraphs 1, 2 and 3 are without prejudice to the participation of categories of eligible organisations by nature or by localization in regard to the objectives of the action to carry out.

5.   Experts may be of any nationality. This is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.

6.   If measures financed under this Regulation are implemented on a centralised basis and indirectly by delegation to specialised Community bodies, international or national public sector bodies, or bodies governed by private law with a public service mission in accordance with Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002, participation in the public procurement and grant award procedures of the managing entity shall be open to natural persons who are nationals of the countries having access to Community contracts and grants in accordance with the principles set out in paragraph 1 of this Article, and of any other country eligible under the rules and procedures of the managing entity, and to legal persons which are established in those countries.

7.   Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article, as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.

8.   Whenever Community funding covers an operation co-financed with a third country, subject to reciprocity, or with a regional organisation, or with a Member State, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible under the rules of such third country, regional organisation or Member State. The same rules shall apply in respect of supplies, materials and experts.

9.   All supplies and materials purchased under a contract financed under this Regulation must originate from the Community or from an eligible country as defined in paragraphs 1 and 2. The term ‘origin’ for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.

10.   The Commission may, in duly substantiated cases, authorise the participation of natural and legal persons either from countries having traditional economic, trade or geographical links with neighbouring countries, or from other third countries, and the purchase and use of supplies and materials of different origin.

11.   Derogations may be justified on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.

12.   Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as the International Labour Organization's core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.

Article 15

Protection of the financial interests of the Community

1.   Any agreement or contract resulting from the implementation of 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 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (18), Council Regulation (EC, Euratom) 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 (19), and Regulation (EC, Euratom) 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) (20).

2.   Agreements and contracts shall expressly entitle the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on-the-spot, over all contractors and subcontractors who have received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (EC, Euratom) No 2185/96.

Article 16

Evaluation

1.   The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness, coherence and consistency of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament or the Council for independent external evaluations shall be taken into due account.

2.   The Commission shall send its evaluation reports to the Committee referred to in Article 17(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 17(1). The results shall feed back into programme design and resource allocation.

3.   The Commission shall associate all stakeholders as appropriate in the evaluation phase of Community assistance provided under this Regulation. Joint evaluations with Member States, international organisations or other bodies shall be encouraged.

TITLE III

FINAL PROVISIONS

Article 17

Committee

1.   The Commission shall be assisted by a Democracy and Human Rights Committee, hereinafter referred to as ‘the Committee’.

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 provided for in Article 4(3) of Decision 1999/468/EC shall be 30 days.

3.   The Committee shall adopt its rules of procedure.

Article 18

Annual Report

1.   The Commission shall examine progress achieved in implementing the assistance measures undertaken pursuant to this Regulation and shall submit to the European Parliament and to the Council an annual report on the implementation and results and, as far as possible, main outcomes and impacts of the assistance. The report shall be an integral part of the Annual Report on European Community development policy implementation and implementation of external assistance and of the EU Annual Report on Human Rights.

2.   The annual report shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budget commitments and payments, broken down according to global, regional, and country measures, and fields of assistance.

It shall assess the results of assistance, using as far as possible specific and measurable indicators of its role in meeting the objectives of this Regulation.

Article 19

Financial envelope

The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be 1 104 000 000euro. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework 2007-2013.

Article 20

Review

Not later than 31 December 2010, the Commission shall submit to the European Parliament and to the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications to this Regulation.

Article 21

Entry into force

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

It shall apply from 1 January 2007 until 31 December 2013.

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 12 December 2006.

1

(2)  OJ L 210, 31.7.2006, p. 82.

2

(3)  OJ L 310, 9.11.2006, p. 1.

3

(*)  Note to OJ: Please insert number and/or date of this Regulation.

*

(4)  OJ L ...

4

(5)  OJ L ...

5

(6)  OJ L 327, 24.11.2006, p. 1.

6

(7)  Commission Communication of 8 May 2001 on the European Union's role in promoting human rights and democratisation in third countries.

7

(8)  Commission Communication of 23 May 1995 on the Inclusion of Respect for Democratic Principles and Human Rights in Agreements between the Community and Third Countries.

8

(9)  OJ C 46, 24.2.2006, p. 1.

9

(10)  OJ L 120, 8.5.1999, p. 1. Regulation as last amended by Regulation (EC) No 2110/2005 of the European Parliament and of the Council (OJ L 344, 27.12.2005, p. 1).

10

(11)  OJ L 120, 8.5.1999, p. 8. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

11

(12)  OJ L 317, 15.12.2000, p. 3; OJ L 385, 29.12.2004, p. 88.

12

(13)  OJ C 139, 14.6.2006, p. 1.

13

(14)  OJ L 138, 30.4.2004, p. 31.

14

(15)  Commission Communication of 11 April 2000 on EU Election Assistance and Observation.

15

(16)  OJ L 184 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

16

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

17

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

18

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

19

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

20

P6_TA(2006)0549

Prevention of injury and promotion of safety *

European Parliament legislative resolution on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0329) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0329) (1),

| — | having regard to Article 152(4), second subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2006), |
| --- | --- |

—

having regard to Article 152(4), second subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2006),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Women's Rights and Gender Equality (A6-0398/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Women's Rights and Gender Equality (A6-0398/2006);

| 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.

| (2a) | People over 65 years of age represent 16 % of the total population in the EU, but suffer a disproportionate 40 % of fatal injuries; thus the elderly run more than double the risk of encountering a fatal accident, and long bone fractures are the main cause of hospitalisation among the elderly. |
| --- | --- |

(2a)

People over 65 years of age represent 16 % of the total population in the EU, but suffer a disproportionate 40 % of fatal injuries; thus the elderly run more than double the risk of encountering a fatal accident, and long bone fractures are the main cause of hospitalisation among the elderly.

| (5a) | Public health is affected by biological differences, the environment, access to information and socio-economic conditions. |
| --- | --- |

(5a)

Public health is affected by biological differences, the environment, access to information and socio-economic conditions.

| (5b) | The gender perspective should be incorporated into all areas, including health policies. Steps should be taken to carry out gender-based quantitative studies and to allocate resources by applying the principle of gender-based budgetisation. |
| --- | --- |

(5b)

The gender perspective should be incorporated into all areas, including health policies. Steps should be taken to carry out gender-based quantitative studies and to allocate resources by applying the principle of gender-based budgetisation.

| (5c) | Domestic violence against women is the main cause of death and invalidity among women between the ages of 16 and 44. |
| --- | --- |

(5c)

Domestic violence against women is the main cause of death and invalidity among women between the ages of 16 and 44.

| (6) | The risk of an injury is unequally distributed in Member States
  as well as in social groups
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate. |
| --- | --- |

(6)

The risk of an injury is unequally distributed in Member States
  as well as in social groups
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate.

| (6) | The risk of an injury is unequally distributed in Member States
  and varies according to environmental, working and social conditions, age and gender
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate. |
| --- | --- |

(6)

The risk of an injury is unequally distributed in Member States
  and varies according to environmental, working and social conditions, age and gender
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate.

| (7) | In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use safer. There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community. |
| --- | --- |

(7)

In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use safer. There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community.

| (7) | In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use, safer
  and by raising public awareness of the consequences of unsafe behaviour
  .
  Adopting a broader public health approach can also significantly reduce the toll of injuries and violence.
  There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community. |
| --- | --- |

(7)

In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use, safer
  and by raising public awareness of the consequences of unsafe behaviour
  .
  Adopting a broader public health approach can also significantly reduce the toll of injuries and violence.
  There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community.

| (8) | Most of these measures have been proven cost-effective, because the benefits of prevention for health systems often exceed by a factor of several times the costs of intervention. |
| --- | --- |

(8)

Most of these measures have been proven cost-effective, because the benefits of prevention for health systems often exceed by a factor of several times the costs of intervention.

| (8) | Most of these measures have been proven cost-effective,
  in preserving the integrity and the lives of human beings
  , because the benefits of prevention for
  both the private and the public sector, especially for
  health systems, often exceed by a factor of several times the costs of intervention.
  Beyond healthcare and economic costs, the human cost and the real cost paid by society should not be underestimated, as economic and healthcare costs do not cover the repercussions on victims' families and social support networks, or on communities, workplaces and schools. |
| --- | --- |

(8)

Most of these measures have been proven cost-effective,
  in preserving the integrity and the lives of human beings
  , because the benefits of prevention for
  both the private and the public sector, especially for
  health systems, often exceed by a factor of several times the costs of intervention.
  Beyond healthcare and economic costs, the human cost and the real cost paid by society should not be underestimated, as economic and healthcare costs do not cover the repercussions on victims' families and social support networks, or on communities, workplaces and schools.

| (9) | In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children and elderly citizens. |
| --- | --- |

(9)

In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children and elderly citizens.

| (9) | In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children,
  women
  and elderly citizens. |
| --- | --- |

(9)

In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children,
  women
  and elderly citizens.

| (9a) | In spite of recent studies, injuries resulting from domestic violence are still underrated as regards both the physical and psychological damage caused and the financial burden placed on health and welfare systems. |
| --- | --- |

(9a)

In spite of recent studies, injuries resulting from domestic violence are still underrated as regards both the physical and psychological damage caused and the financial burden placed on health and welfare systems.

| (9b) | Consideration should be given to the correlation between the availability and consumption of alcohol and drugs and the prevalence of injuries arising from acts of violence or accidents, and in particular road-traffic accidents. |
| --- | --- |

(9b)

Consideration should be given to the correlation between the availability and consumption of alcohol and drugs and the prevalence of injuries arising from acts of violence or accidents, and in particular road-traffic accidents.

| (10) | It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries, including exchange of best practice. Such a system
  will be developed under Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) and any successor programmes, and
  will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner. |
| --- | --- |

(10)

It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries, including exchange of best practice. Such a system
  will be developed under Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) and any successor programmes, and
  will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner.

| (10) | It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries
  and on promotion of safety
  , including exchange of best practice. Such a system will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner. |
| --- | --- |

(10)

It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries
  and on promotion of safety
  , including exchange of best practice. Such a system will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner.

| (10a) | The system of injury surveillance should incorporate the existing programmes on injuries and the injury databases and networks which have already been extensively funded by the Commission. This action is absolutely necessary in order to achieve synergies and to reduce costs by using the mechanisms already in operation. |
| --- | --- |

(10a)

The system of injury surveillance should incorporate the existing programmes on injuries and the injury databases and networks which have already been extensively funded by the Commission. This action is absolutely necessary in order to achieve synergies and to reduce costs by using the mechanisms already in operation.

| (10b) | If the existing injury surveillance and monitoring systems prove to be unaffordable for some Member States, an alternative system should be used, for example one relying on more readily available Minimum Data Sets based on hospital statistics. |
| --- | --- |

(10b)

If the existing injury surveillance and monitoring systems prove to be unaffordable for some Member States, an alternative system should be used, for example one relying on more readily available Minimum Data Sets based on hospital statistics.

| (10c) | To ensure that best practices are indeed serving the needs and capacities of each and every country, institution building and human resource development as well as research should be supported, particularly in those countries with the largest share of preventable injuries. |
| --- | --- |

(10c)

To ensure that best practices are indeed serving the needs and capacities of each and every country, institution building and human resource development as well as research should be supported, particularly in those countries with the largest share of preventable injuries.

| (11) | In order to
  streamline the resources of the Community Public Health Programme and to
  tackle injury prevention most effectively
  seven
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of
  vulnerable
  road users, prevention of sports injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence. These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States. |
| --- | --- |

(11)

In order to
  streamline the resources of the Community Public Health Programme and to
  tackle injury prevention most effectively
  seven
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of
  vulnerable
  road users, prevention of sports injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence. These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States.

| (11) | In order to tackle injury prevention most effectively
  eight
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of road users
  , in particular those who are vulnerable, injury prevention and safety at the workplace,
  prevention of sports
  and leisure
  injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence
  , particularly violence against women and children
  . These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States. |
| --- | --- |

(11)

In order to tackle injury prevention most effectively
  eight
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of road users
  , in particular those who are vulnerable, injury prevention and safety at the workplace,
  prevention of sports
  and leisure
  injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence
  , particularly violence against women and children
  . These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States.

| (1) | Develop a national injury surveillance and reporting system, which provides comparable information, monitors the evolution of injury risks
  and
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives on product and service safety; |
| --- | --- |

(1)

Develop a national injury surveillance and reporting system, which provides comparable information, monitors the evolution of injury risks
  and
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives on product and service safety;

| (1) | Develop a national injury surveillance and reporting system
  that accesses other relevant databases
  , which provides comparable information
  and a data breakdown by gender and age,
  monitors the evolution of injury risks
  by focussing on injury determinants, monitors
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives
  , firstly
  on product and service safety
  and, secondly, on raising public awareness, paying particular attention to vulnerable groups such as the young
  ; |
| --- | --- |

(1)

Develop a national injury surveillance and reporting system
  that accesses other relevant databases
  , which provides comparable information
  and a data breakdown by gender and age,
  monitors the evolution of injury risks
  by focussing on injury determinants, monitors
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives
  , firstly
  on product and service safety
  and, secondly, on raising public awareness, paying particular attention to vulnerable groups such as the young
  ;

| (1a) | Develop multisectoral cooperation, involving and strengthening partnerships with stakeholders at local, national and international level and providing coordination and an integrated response to injury and insecurity; |
| --- | --- |

(1a)

| (2) | Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  and
  increasing funding opportunities for campaigning actions,
  promoting
  safety and implementing such national plans into practice, with a particular attention to children, elderly people and
  vulnerable
  road users, and with special regard to sports injuries, injuries caused by products and services, violence and self-harm. |
| --- | --- |

(2)

Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  and
  increasing funding opportunities for campaigning actions,
  promoting
  safety and implementing such national plans into practice, with a particular attention to children, elderly people and
  vulnerable
  road users, and with special regard to sports injuries, injuries caused by products and services, violence and self-harm.

| (2) | Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  as well as collaboration with stakeholders,
  increasing funding opportunities for campaigning actions,
  setting incentives for the promotion of
  safety and implementing such national plans into practice, with a particular attention to
  high risk groups such as
  children, elderly people,
  the disabled, women
  and road users, and with special regard to sports
  and leisure
  injuries,
  injuries caused by female genital mutilation,
  injuries caused by products and services, violence,
  especially domestic violence against women and children
  , and self-harm. |
| --- | --- |

(2)

Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  as well as collaboration with stakeholders,
  increasing funding opportunities for campaigning actions,
  setting incentives for the promotion of
  safety and implementing such national plans into practice, with a particular attention to
  high risk groups such as
  children, elderly people,
  the disabled, women
  and road users, and with special regard to sports
  and leisure
  injuries,
  injuries caused by female genital mutilation,
  injuries caused by products and services, violence,
  especially domestic violence against women and children
  , and self-harm.

| (2a) | Carry out scientific studies, particularly on self-harm and risk taking behaviour. |
| --- | --- |

(2a)

| (2b) | Pay particular attention to the social determinants that provoke injuries and insecurity: the biggest difference in injury, mortality and morbidity rates is between poorer and wealthier countries, and between social classes within countries. The gap is growing, due to factors such as increased road traffic, worsening inequalities in terms of income, higher unemployment, decreasing social support, market liberalisation and increased availability of alcohol, and poor regulatory and enforcement mechanisms. The unemployed, ethnic minority groups, migrant workers, refugees, and disabled and homeless people are particularly at risk; |
| --- | --- |

(2b)

| (2c) | Take measures so that databases on good practice in injury prevention are based on sound data taking into account local circumstances, and are supported by research that indicates the specific social, economic, infrastructural and cultural circumstances within which successful policies are implemented; |
| --- | --- |

(2c)

| (3) | Ensure that injury prevention and safety promotion is introduced in a systematic way
  in
  vocational training of health care professionals, so that these groups can serve as competent advisors to their patients, clients and to the public. |
| --- | --- |

(3)

Ensure that injury prevention and safety promotion is introduced in a systematic way
  in
  vocational training of health care professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.

| (3) | Ensure that injury prevention and safety promotion is introduced in a systematic way
  by improving education and
  vocational training of health care
  and other
  professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.
  Raise public awareness on causes and consequences by highlighting the responsibilities of both individuals and society as regards the prevention of injuries and the promotion of safety. |
| --- | --- |

(3)

Ensure that injury prevention and safety promotion is introduced in a systematic way
  by improving education and
  vocational training of health care
  and other
  professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.
  Raise public awareness on causes and consequences by highlighting the responsibilities of both individuals and society as regards the prevention of injuries and the promotion of safety.

| (3a) | Ensure that insurance companies that have access to injury data provide all relevant data to the Member States in order to facilitate the definition of the mechanisms and places where accidents most frequently occur and use this information to improve prevention. |
| --- | --- |

(3a)

| (1) | Support and give priority
  , within the framework of the Community Public Health Programme and successor programmes,
  to
  establish
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders; |
| --- | --- |

(1)

Support and give priority
  , within the framework of the Community Public Health Programme and successor programmes,
  to
  establish
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders;

| (1) | Support and give priority to
  the establishment of
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders; |
| --- | --- |

(1)

Support and give priority to
  the establishment of
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders;

| (1a) | Submit a legislative proposal for the establishment of a Community-wide injury surveillance system, for the exchange of information on good practice and for the dissemination of information, as referred to in point 1, to the European Parliament and the Council in accordance with Article 251 of the Treaty, including precise details of financial implications; |
| --- | --- |

(1a)

| (2) | Establish a Community-wide mechanism for the exchange of information on good practice and disseminate this information to relevant stakeholders; |
| --- | --- |

(2)

deleted

| (3a) | Support through the Cohesion and Structural Funds actions covering injury prevention and better and safer infrastructure; |
| --- | --- |

(3a)

| (4) | Support the development of
  good practice and policy actions in relation to the
  seven
  identified priority areas
  using the resources provided for in the Community Public Health Programme and successor programmes the general framework for financing Community actions in support of consumer policy and the Framework Programme for Research; |
| --- | --- |

(4)

Support the development of
  good practice and policy actions in relation to the
  seven
  identified priority areas
  using the resources provided for in the Community Public Health Programme and successor programmes the general framework for financing Community actions in support of consumer policy and the Framework Programme for Research;

| (4) | Develop
  good practice and policy actions in relation to the
  eight
  identified priority areas;
  to ensure that all future programmes on the prevention of injury and the promotion of safety take into account health inequalities
  ,
  bearing in mind that lack of access to social support, poor community cohesion and social exclusion reduce people's capacity to withstand social conflict without resorting to violence, including self-harm; |
| --- | --- |

(4)

Develop
  good practice and policy actions in relation to the
  eight
  identified priority areas;
  to ensure that all future programmes on the prevention of injury and the promotion of safety take into account health inequalities
  ,
  bearing in mind that lack of access to social support, poor community cohesion and social exclusion reduce people's capacity to withstand social conflict without resorting to violence, including self-harm;

| (5) | Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively
  and
  to assess the need for further actions. |
| --- | --- |

(5)

Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively
  and
  to assess the need for further actions.

| (5) | Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively, to assess the need for further actions
  and to conduct a gender impact assessment of existing and future measures and actions
  . |
| --- | --- |

(5)

Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively, to assess the need for further actions
  and to conduct a gender impact assessment of existing and future measures and actions
  .

---

(1)  Not yet published in OJ.

P6_TA(2006)0550

A financing instrument for cooperation with industrialised and other high-income countries and territories *

European Parliament legislative resolution on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 — C6-0265/2006 — 2006/0807(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the draft Council Regulation (11877/2006) (1), |
| --- | --- |

—

having regard to the draft Council Regulation (11877/2006) (1),

| — | having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0265/2006), |
| --- | --- |

—

having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0265/2006),

| — | 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 International Trade (A6-0430/2006); |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A6-0430/2006);

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

1.

Approves the Council draft 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.

| (3) | The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral instruments such as agreements, declarations, action plans and other similar documents. |
| --- | --- |

(3)

The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral instruments such as agreements, declarations, action plans and other similar documents.

| (3) | The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral
  and multilateral
  instruments such as agreements, declarations, action plans and other similar documents. |
| --- | --- |

(3)

The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral
  and multilateral
  instruments such as agreements, declarations, action plans and other similar documents.

| (4) | In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities help
  to create conditions likely
  to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges and interaction between
  a diversified range of actors on each side
  . |
| --- | --- |

(4)

In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities help
  to create conditions likely
  to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges and interaction between
  a diversified range of actors on each side
  .

| (4) | In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities
  should
  help to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges
  , dialogues
  and interaction between
  the appropriate actors in the relevant sectors. |
| --- | --- |

(4)

In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities
  should
  help to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges
  , dialogues
  and interaction between
  the appropriate actors in the relevant sectors.

| (4a) | The Community's cooperation should contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms. |
| --- | --- |

(4a)

The Community's cooperation should contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms.

| (5a) | In order to achieve the objectives of this Regulation a differentiated approach should be pursued depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities
  . |
| --- | --- |

(5a)

In order to achieve the objectives of this Regulation a differentiated approach should be pursued depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities
  .

| (6a) | In implementing the Community's cooperation policy, greater complementarity and better harmonisation, alignment and coordination of procedures, both between the Community and its Member States and in relations with other actors, are essential to ensuring the consistency and effectiveness of cooperation. |
| --- | --- |

(6a)

In implementing the Community's cooperation policy, greater complementarity and better harmonisation, alignment and coordination of procedures, both between the Community and its Member States and in relations with other actors, are essential to ensuring the consistency and effectiveness of cooperation.

1.   Community
  assistance
  shall support economic, financial and technical cooperation and other forms of cooperation falling within its sphere of competence, with industrialised and other high-income countries and territories.

1.   Community
  financing
  shall support economic, financial and technical cooperation and other forms of cooperation falling within its sphere of competence, with
  the
  industrialised and other high-income countries and territories
  listed in the Annex
  .

2.   
  The main aim of cooperation
  with these countries and territories shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis
  . The cooperation activities will contribute to the creation of
  a more favourable environment for the development of the relations of the Community with these countries and territories and promote dialogue
  and Community's strategic interests there
  .

2.   
  Community cooperation with partner countries is pursued in accordance with Title XXI of the Treaty. The primary objective of such cooperation
  with these countries and territories shall be to provide a specific response to the need to strengthen links and to engage further with them
  in the areas listed in Article 4
  on a bilateral, regional or multilateral basis
  in order to create
  a more favourable
  and transparent
  environment for the development of the relations of the Community with these countries and territories and promote
  effective
  dialogue
  while fostering the Community's interests
  .

2.   For the purpose of this Regulation, industrialised and other high income countries and territories shall comprise countries and territories listed in Annex I and are hereinafter referred to as ‘partner countries’. However, in duly justified circumstances and in order to foster regional cooperation, the Commission may decide when adopting action programmes referred to in article 6 that countries not listed in Annex I are eligible, where the project or programme to be implemented is of regional or cross border nature. Provisions may be made for this in the multi-annual cooperation programmes referred to in Article 5.
  The Commission shall amend this List in accordance with
  regular OECD/DAC reviews of its List of developing countries
  and inform the Council thereof.

2.   For the purpose of this Regulation, industrialised and other high income countries and territories shall comprise countries and territories listed in the Annex and are hereinafter referred to as ‘partner countries’. However, in duly justified circumstances and in order to foster regional cooperation, the Commission
  , with the prior approval of the European Parliament,
  may decide when adopting action programmes referred to in article 6 that countries not listed in the Annex are eligible, where the project or programme to be implemented is of regional or cross border nature. Provisions may be made for this in the multi-annual cooperation programmes referred to in Article 5.
  Any amendment to the list in the Annex resulting from the
  regular OECD/DAC reviews of its List of developing countries
  shall be notified by the Commission to the European Parliament and the Council before the Commission adopts the required modifications.

(1a)
     
  The Community is founded on the values of democracy, the rule of law, good governance, respect for human rights, sustainable development and fundamental freedoms and seeks to develop and consolidate a commitment to these values in partner countries and regions through dialogue and cooperation.

1.   Measures financed under this Regulation shall
  cover areas of cooperation
  set out
  notably
  in the instruments, agreements, declarations and action plans, between the Community and the partner countries
  as well as areas pertaining to the Community's strategic interests.

1.   Measures financed under this Regulation shall
  be consistent with the cooperation objectives
  set out in the instruments, agreements, declarations and action plans, between the Community and the partner countries
  and with the Community's own interests.

2.   
  When implementing measures under this Regulation, the Commission
  shall ensure that
  the
  cooperation
  projects are
   legally and substantially coherent with other relevant Community policies.

2.   
  For all measures financed under, and all areas of cooperation covered by, this Regulation, the Community
  shall ensure that cooperation
  is
  legally and substantially coherent with
  the different areas of external action and
  other relevant Community policies.
  Such coherence shall be ensured in formulating policy, strategic planning and the programming and implementation of measures.

2a.
     
  In the implementation of this Regulation it is necessary to pursue a differentiated approach depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities.

2b.
     
  The Community and the Member States shall improve coordination and complementarity of their policies, programmes and implementation of measures with partner countries and regions.

Community
  assistance
  shall support cooperation actions consistent with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation.
  Specific attention shall be paid to actions in the following areas of cooperation
  :

Community
  financing
  shall support cooperation actions consistent with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation.
  Community financing shall cover the following types of activities
  :

| (1) | the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors in the Community and other partner countries; |
| --- | --- |

(1)

the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors in the Community and other partner countries;

| (1) | the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors,
  including small and medium-sized enterprises,
  in the Community and other partner countries; |
| --- | --- |

(1)

the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors,
  including small and medium-sized enterprises,
  in the Community and other partner countries;

| (3) | the promotion of dialogues between political, economic and social actors and other non-governmental organisations in relevant sectors in the Community and partner countries; |
| --- | --- |

(3)

the promotion of dialogues between political, economic and social actors and other non-governmental organisations in relevant sectors in the Community and partner countries;

| (3) | the promotion of dialogues between political, economic and social actors
  including small and medium-sized enterprises
  and other non-governmental organisations in relevant sectors in the Community and partner countries; |
| --- | --- |

(3)

the promotion of dialogues between political, economic and social actors
  including small and medium-sized enterprises
  and other non-governmental organisations in relevant sectors in the Community and partner countries;

1.   Actions to promote cooperation under this Regulation shall be carried out in the framework of multi-annual cooperation programmes covering cooperation in appropriate areas of activity with all or with a selection of the partner countries. The Commission shall draw-up the multi-annual cooperation programmes and specify their scope.

1.   
  All
  actions to promote cooperation under this Regulation shall be carried out in the framework of multi-annual cooperation programmes covering cooperation in
  the
  appropriate areas of activity
  referred to in Article 4
  with all or with a selection of the partner countries. The Commission,
  after consulting the European Parliament,
  shall draw-up the multi-annual cooperation programmes and specify their scope.

2.   Cooperation programmes shall cover no more than the period of validity of this regulation. They shall set out the Community's strategic interests and priorities, general objectives and
  expected
  results. They shall set out also the areas selected for financing by the Community and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. This may be given in the form of a range, where appropriate. Cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.

2.   
  Multi-annual
  cooperation programmes shall cover no more than the period of validity of this regulation. They shall set out the Community's strategic interests and priorities, general objectives and results
  to be achieved
  . They shall set out also the areas selected for financing by the Community and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. This may be given in the form of a range, where appropriate.
  Multi-annual
  cooperation programmes shall be reviewed at mid-term,
  at the request of the European Parliament
  or ad hoc if necessary.

3.   Cooperation programmes and any reviews thereof shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2).

3.   
  Multi-annual
  cooperation programmes and any reviews thereof shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2).

3.   The action programmes shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2). This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.

3.   The
  annual
  action programmes shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2). This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.

| (2) | Partner countries and their institutions and decentralised bodies; |
| --- | --- |

(2)

Partner countries and their institutions and decentralised bodies;

| (2) | Partner countries
  and regions
  and their institutions and decentralised bodies; |
| --- | --- |

(2)

Partner countries
  and regions
  and their institutions and decentralised bodies;

3.   The Commission shall adopt support measures not covered by the multi-annual programmes and shall inform Member States thereof.

3.   The Commission shall adopt support measures not covered by the multi-annual programmes and shall inform the Member States
  and the European Parliament
  thereof.

| (a) | Member States, and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States, and in particular their public and parastatal agencies;

| (a) | Member States
  and their regional and local authorities
  , and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States
  and their regional and local authorities
  , and in particular their public and parastatal agencies;

Article 11a

Protecting the Community's financial interests

(1)
     
  Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests

   (2)

  and (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

   (3)

  , and 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)

   (4).

(2)
     
  Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on the spot audits 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.

1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation in order to ascertain whether the objectives
  have been met and enable it to
  formulate recommendations with a view to improving future operations.

1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation in order to ascertain whether the
  degree of achievement of the
  objectives
  originally set out, the cost-effectiveness of the measures financed by the Community and their impact have been satisfactory. On this basis, the Commission shall
  formulate recommendations with a view to improving future operations.

1a.
     
  The evaluation reports shall be carried out by means of independent external evaluations where appropriate or at the request of the European Parliament or the Council.

2a.
     
  The Commission shall associate all relevant stakeholders, including non-State actors, in the evaluation phase of the Community cooperation provided for under this Regulation.

2b.
     
  A limited proportion of the annual budget shall be used to finance evaluation studies of the actions and programmes undertaken in the framework of this Regulation.

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit every two years to the European Parliament and the Council a report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present the actions and programmes financed.

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit every two years to the European Parliament and the Council a
  detailed
  report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present
  all
  the actions and programmes financed
  and, as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.

4.   The Commission shall regularly inform the European Parliament of the Committee proceedings and provide the relevant documents including agenda, draft measures and summary records of the meetings.

4.   The Commission shall regularly inform the European Parliament of the Committee proceedings and provide the relevant documents including agenda, draft measures and
  detailed
  summary records of the meetings.

The amount of Community funding deemed necessary for the implementation of the actions identified in this Regulation will be established by the budget authority on an annual basis within the limits of the financial perspectives.

The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be 172 million euro.
  The
  annual
  amount of Community funding deemed necessary for the implementation of the actions identified in this Regulation will be established by the budget authority on an annual basis within the limits of the financial framework.

Article 15a

Review

By 31 December 2010, the Commission shall submit to the European Parliament and the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications.

---

(1)  Not yet published in OJ.

(2)  

  OJ L 312, 23.12.1995, p. 1.

(3)  

  OJ L 292, 15.11.1996, p. 2.

(4)  

  OJ L 136, 31.5.1999, p. 1.

P6_TA(2006)0551

Pharmaceutical active substances

Declaration of the European Parliament on pharmaceutical active substances

The European Parliament,

| — | having regard to Rule 116 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 116 of its Rules of Procedure,

| A. | whereas the high quality of pharmaceutical active substances is guaranteed by certification of conformity with good manufacturing practice (GMP), |
| --- | --- |

A.

whereas the high quality of pharmaceutical active substances is guaranteed by certification of conformity with good manufacturing practice (GMP),

| B. | whereas some Community producers obtain such certificates under Article 111(5) of Directive 2001/83/EC (1) following inspection at the site of production, while producers outside the Community may obtain them under Resolution AP-CSP(99)4 of the Council of Europe via self-certification with no inspections being needed, |
| --- | --- |

B.

whereas some Community producers obtain such certificates under Article 111(5) of Directive 2001/83/EC (1) following inspection at the site of production, while producers outside the Community may obtain them under Resolution AP-CSP(99)4 of the Council of Europe via self-certification with no inspections being needed,

| C. | whereas the marketing of non-Community active substances is a matter of concern for the scientific community in the EU, given the failure to meet safety standards, |
| --- | --- |

C.

whereas the marketing of non-Community active substances is a matter of concern for the scientific community in the EU, given the failure to meet safety standards,

| D. | whereas consumers are ensured higher safety standards if they know the origin of an active substance, |
| --- | --- |

D.

whereas consumers are ensured higher safety standards if they know the origin of an active substance,

| E. | whereas the provisions concerning manufacturers of medicines and active substances in Article 111 of the above-mentioned Directive are also directly applicable to importers, |
| --- | --- |

E.

whereas the provisions concerning manufacturers of medicines and active substances in Article 111 of the above-mentioned Directive are also directly applicable to importers,

| 1. | Believes that both producers and importers of active substances should submit a GMP certificate delivered by the European authorities following mandatory inspection at the site of production; |
| --- | --- |

1.

Believes that both producers and importers of active substances should submit a GMP certificate delivered by the European authorities following mandatory inspection at the site of production;

| 2. | Proposes to introduce a system for the traceability of the active substance, with an indication of its origin (i.e. country, company, site of production), as a means of discouraging the re-labelling or re-packaging of non-Community products in the interests of public health; |
| --- | --- |

2.

Proposes to introduce a system for the traceability of the active substance, with an indication of its origin (i.e. country, company, site of production), as a means of discouraging the re-labelling or re-packaging of non-Community products in the interests of public health;

| 3. | Instructs its President to forward this Declaration, together with the names of the signatories, to the Council, the Commission and the Parliaments of the Member States. |
| --- | --- |

3.

Instructs its President to forward this Declaration, together with the names of the signatories, to the Council, the Commission and the Parliaments of the Member States.

List of signatories

Adamou, Aita, Albertini, Alvaro, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arnaoutakis, Assis, Atkins, Attwooll, Aubert, Audy, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badía i Cutchet, Barón Crespo, Battilocchio, Batzeli, Bauer, Beazley, Becsey, Belet, Belohorská, Bennahmias, Berlato, Berlinguer, Birutis, Blokland, Bobošíková, Bösch, Bonde, Bonsignore, Borghezio, Bossi, Bourlanges, Bourzai, Bowis, Braghetto, Brejc, Breyer, Březina, Brie, Brunetta, Bushill-Matthews, Busk, Busquin, Buzek, Cabrnoch, Calabuig Rull, Camre, Cappato, Carlotti, Carnero González, Casini, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chichester, Chiesa, Chmielewski, Claeys, Cocilovo, Coelho, Cohn-Bendit, Cornillet, Correia, Costa, Cottigny, Coûteaux, Crowley, Czarnecki M., Daul, Davies, De Blasio, De Keyser, Demetriou, De Michelis, Deprez, De Sarnez, Descamps, Dess, De Veyrac, Díaz De Mera García Consuegra, Dičkutė, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Doorn, Doyle, Drčar Murko, Duka-Zólyomi, Ebner, Estrela, Eurlings, Falbr, Fatuzzo, Fava, Fernandes, Fernández Martín, Figueiredo, Flasarová, Florenz, Foglietta, Fontaine, Ford, Fraga Estévez, Frassoni, Freitas, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Geremek, Gill, Gklavakis, Glattfelder, Gobbo, Gottardi, Goudin, Grabowska, Grabowski, Graça Moura, Grässle, de Grandes Pascual, Griesbeck, Gröner, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guidoni, Gurmai, Gutiérrez-Cortines, Handzlik, Harbour, Hassi, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Isler Béguin, Iturgaiz Angulo, Járóka, Jarzembowski, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Karas, Karatzaferis, Kasoulides, Kauppi, Kelam, Klamt, Klass, Klinz, Kósáné Kovács, Kratsa-Tsagaropoulou, Krupa, Kułakowski, Kušķis, Kusstatscher, Kużmiuk, Lamassoure, Landsbergis, Laperrouze, La Russa, Lavarra, Le Foll, Lehideux, Leinen, Le Pen J.-M., Le Pen M., Le Rachinel, Liberadzki, Lichtenberger, Lienemann, Liese, Locatelli, Lombardo, López-Istúriz White, Losco, Louis, Lulling, Lynne, McMillan-Scott, Manders, Mann T., Mantovani, Marques, Martens, Martin D., Martinez, Masiel, Masip Hidalgo, Maštálka, Mathieu, Mato Adrover, Matsakis, Matsis, Mauro, Mavrommatis, Mayor Oreja, Meijer, Méndez de Vigo, Menéndez del Valle, Miguélez Ramos, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Morgantini, Morillon, Musacchio, Muscardini, Musotto, Mussolini, Musumeci, Napoletano, Nassauer, Navarro, Niebler, van Nistelrooij, Novak, Obiols i Germà, Occhetto, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papastamkos, Parish, Patriciello, Patrie, Peterle, Pieper, Pinheiro, Pirilli, Pirker, Pistelli, Pittella, Pleštinská, Podestà, Podkański, Poli Bortone, Pomés Ruiz, Posselt, Prets, Prodi, Purvis, Queiró, Quisthoudt-Rowohl, Remek, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Rivera, Rizzo, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Roure, Rudi Ubeda, Rübig, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salafranca Sánchez-Neyra, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Sbarbati, Schenardi, Schierhuber, Schwab, Seeber, Sifunakis, Silva Peneda, Sinnott, Škottová, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Speroni, Staes, Staniszewska, Sterckx, Stevenson, Stubb, Sturdy, Sudre, Surján, Susta, Svensson, Swoboda, Szájer, Szymański, Tajani, Tannock, Tarabella, Tatarella, Thyssen, Toia, Tomczak, Toubon, Trakatellis, Triantaphyllides, Tzampazi, Ulmer, Vakalis, Van Hecke, Van Lancker, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Veraldi, Vernola, Vidal-Quadras Roca, Vincenzi, Vlasto, Weisgerber, Willmott, Wojciechowski B., Wojciechowski J., Wortmann-Kool, Záborská, Zaleski, Zani, Zappala', Zatloukal, Zingaretti, Zvěřina, Zwiefka

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(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). Directive last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).

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