# CE2005304EN.01013501.xml

| 1.12.2005 | EN | Official Journal of the European Union | CE 304/135 |
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1.12.2005

EN

Official Journal of the European Union

CE 304/135

---

MINUTES

(2005/C 304 E/03)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Tribute

On behalf of Parliament, the President paid tribute to Renzo Imbeni, a former Vice-President of Parliament.

Parliament observed a minute's silence.

3.   Statement by the President

The President made a brief report to the House on the previous day's meeting between the EU Heads of State and Government, the Presidents of the Council, the Commission and the European Parliament, and George W. Bush, the President of the United States.

4.   Official welcome

On behalf of Parliament, the President welcomed Sam Rainsy, leader of one of the opposition parties in Cambodia, who had taken his seat in the distinguished visitors' gallery. The President also mentioned the human rights situation in Cambodia.

5.   EU relations with the Mediterranean region (debate)

(debate)

Council and Commission statements: EU relations with the Mediterranean region

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

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Philippe Morillon, on behalf of the ALDE Group, Hélène Flautre, on behalf of the Verts/ALE Group, Miguel Portas, on behalf of the GUE/NGL Group, Bastiaan Belder, on behalf of the IND/DEM Group, Sebastiano (Nello) Musumeci, on behalf of the UEN Group, Edward McMillan-Scott, Carlos Carnero González, Ignasi Guardans Cambó and Cem Özdemir.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

The following spoke: Adriana Poli Bortone, Louis Grech, Elmar Brok, Véronique De Keyser, Tokia Saïfi, Panagiotis Beglitis, Giorgos Dimitrakopoulos, Béatrice Patrie, Jana Hybášková, Jamila Madeira, Francisco José Millán Mon, Camiel Eurlings, Ioannis Kasoulides, Armin Laschet, Nicolas Schmit (President-in-Office of the Council) and Benita Ferrero-Waldner (Member of the Commission).

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

| — | Pasqualina Napoletano and Carlos Carnero González, on behalf of the PSE Group, on the Mediterranean policy (B6-0095/2005); |
| --- | --- |

—

Pasqualina Napoletano and Carlos Carnero González, on behalf of the PSE Group, on the Mediterranean policy (B6-0095/2005);

| — | Luisa Morgantini, Adamos Adamou, Dimitrios Papadimoulis, Kyriacos Triantaphyllides and Umberto Guidoni, on behalf of the GUE/NGL Group, on EU relations with the Mediterranean region (B6-0100/ 2005); |
| --- | --- |

—

Luisa Morgantini, Adamos Adamou, Dimitrios Papadimoulis, Kyriacos Triantaphyllides and Umberto Guidoni, on behalf of the GUE/NGL Group, on EU relations with the Mediterranean region (B6-0100/ 2005);

| — | Hélène Flautre, Raül Romeva i Rueda, David Hammerstein Mintz and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on the Euromed process (B6-0101/2005); |
| --- | --- |

—

Hélène Flautre, Raül Romeva i Rueda, David Hammerstein Mintz and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on the Euromed process (B6-0101/2005);

| — | Adriana Poli Bortone and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the European Union's relations with the Mediterranean region (B6-0108/2005); |
| --- | --- |

—

Adriana Poli Bortone and Sebastiano (Nello) Musumeci, on behalf of the UEN Group, on the European Union's relations with the Mediterranean region (B6-0108/2005);

| — | João de Deus Pinheiro, José Ignacio Salafranca Sánchez-Neyra and Tokia Saïfi, on behalf of the PPE-DE Group, on the Euro-Mediterranean Partnership (B6-0114/2005); |
| --- | --- |

—

João de Deus Pinheiro, José Ignacio Salafranca Sánchez-Neyra and Tokia Saïfi, on behalf of the PPE-DE Group, on the Euro-Mediterranean Partnership (B6-0114/2005);

| — | Philippe Morillon, Emma Bonino, Marielle De Sarnez and Ignasi Guardans Cambó, on behalf of the ALDE Group, on the European Union's relations with the Mediterranean region (B6-0117/2005). |
| --- | --- |

—

Philippe Morillon, Emma Bonino, Marielle De Sarnez and Ignasi Guardans Cambó, on behalf of the ALDE Group, on the European Union's relations with the Mediterranean region (B6-0117/2005).

The debate closed.

Vote: Minutes of 23.02.2005, Item 9.5

Minutes of 23.02.2005, Item 9.5

6.   Human Rights (Geneva, 14 March to 22 April 2005) (debate)

(debate)

Council and Commission statements on the 61st session of the Commission on Human Rights at the United Nations (Geneva, 14 March to 22 April 2005)

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

The following spoke: José Ribeiro e Castro, on behalf of the PPE-DE Group, María Elena Valenciano Martínez- Orozco, on behalf of the PSE Group, Cecilia Malmström, on behalf of the ALDE Group, Hélène Flautre, on behalf of the Verts/ALE Group, Vittorio Agnoletto, on behalf of the GUE/NGL Group, Francesco Enrico Speroni, on behalf of the IND/DEM Group, Irena Belohorská, Non-attached Member, Charles Tannock, Józef Pinior, Thierry Cornillet, Raül Romeva i Rueda, Koenraad Dillen, Geoffrey Van Orden, Margrietus van den Berg, Johan Van Hecke and Eija-Riitta Korhola.

The debate was suspended at that point for voting time.

It would resume at 15.00 (Minutes of 23.02.2005, Item 14).

(Minutes of 23.02.2005, Item 14)

IN THE CHAIR: Luigi COCILOVO

Vice-President

Jean-Louis Bourlanges spoke.

7.   Voting time

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

7.1.   EC-Egypt Euro-Mediterranean Agreement *** (Rule 131) (vote)

(Rule 131) (vote)

Recommendation on the proposal for a Council decision concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union [05100/2005 — C6-0027/2005 — 2004/0131(AVC)] — Committee on Foreign Affairs.

Rapporteur: Elmar Brok (A6-0041/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item1)

(Voting record: Annex I, Item1)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0036)

(P6_TA(2005)0036)

Parliament thereby gave its assent.

7.2.   Community Customs Code ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the common position adopted by the Council with a view to the adoption of a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [12060/2/2004 — C6-0211/2004 — 2003/0167(COD)] — Committee on the Internal Market and Consumer Protection.

Rapporteur: Janelly Fourtou (A6-0021/2005)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

COMMON POSITION OF THE COUNCIL

Benita Ferrero-Waldner (Member of the Commission).

Declared approved (P6_TA(2005)0037)

(P6_TA(2005)0037)

7.3.   Vocational training statistics ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council on the statistics relating to vocational training in enterprises [COM(2004)0095 — C5-0083/2004 — 2004/0041(COD)] — Committee on Employment and Social Affairs.

Rapporteur: Ottaviano Del Turco (A6-0033/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Ottaviano Del Turco (rapporteur) made a statement pursuant to Rule 131(4).

Adopted by single vote (P6_TA(2005)0038)

(P6_TA(2005)0038)

7.4.   Seafarers' Identity Documents * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision authorising Member States to ratify in the interests of the Community the Seafarers' Identity Documents Convention of the International Labour Organization (Convention 185) [COM(2004)0530 — C6-0167/2004 — 2004/0180(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Ioannis Varvitsiotis (A6-0037/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0039)

(P6_TA(2005)0039)

7.5.   Pollution from ships ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council on ship-source pollution and on the introduction of sanctions for infringements [11964/3/2004 — C6-0157/2004 — 2003/0037(COD)] — Committee on Transport and Tourism.

Rapporteur: Corien Wortmann-Kool (A6-0015/2005)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2005)0040)

(P6_TA(2005)0040)

7.6.   Driving licences ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on driving licences (Recasting) [COM(2003)0621 — C5-0610/2003 — 2003/0252(COD)] — Committee on Transport and Tourism.

Rapporteur: Mathieu Grosch (A6-0016/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0041)

(P6_TA(2005)0041)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0041)

(P6_TA(2005)0041)

IN THE CHAIR: Josep BORRELL FONTELLES

President

8.   Formal sitting — Ukraine

From 12.20 to 12.50, a formal sitting of Parliament was held on the occasion of the visit by Mr Viktor Yushchenko, President of Ukraine.

IN THE CHAIR: Luigi COCILOVO

Vice-President

9.   Voting time (continuation)

(continuation)

9.1.   River Traffic Information Services ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on harmonised River Traffic Information Services on inland waterways in the Community [COM(2004)0392 — C6-0042/2004 — 2004/0123(COD)] — Committee on Transport and Tourism.

Rapporteur: Renate Sommer (A6-0055/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0042)

(P6_TA(2005)0042)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0042)

(P6_TA(2005)0042)

9.2.   Recognition of seafarers' certificates ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC [COM(2004)0311 — C6-0033/2004 — 2004/0098(COD)] — Committee on Transport and Tourism.

Rapporteur: Robert Evans (A6-0057/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0043)

(P6_TA(2005)0043)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0043)

(P6_TA(2005)0043)

The following spoke on the vote:

The following spoke on the vote:

| — | Robert Evans, rapporteur, on the split vote on amendment 32. |
| --- | --- |

—

Robert Evans, rapporteur, on the split vote on amendment 32.

9.3.   Fisheries Control Agency * (vote)

(vote)

Report on the proposal for a Council regulation establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy [COM(2004)0289 — C6-0021/2004 — 2004/0108(CNS)] — Committee on Fisheries.

Rapporteur: Elspeth Attwooll (A6-0022/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0044)

(P6_TA(2005)0044)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0044)

(P6_TA(2005)0044)

The following spoke on the vote:

The following spoke on the vote:

| — | Elspeth Attwooll, rapporteur, who pointed out that the Spanish version of amendment 13 was the authentic text. |
| --- | --- |

—

Elspeth Attwooll, rapporteur, who pointed out that the Spanish version of amendment 13 was the authentic text.

9.4.   Environment and Health Action Plan 2004-2010 (vote)

(vote)

Report on the European Environment and Health Action Plan 2004 — 2010 [2004/2132(INI)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Frédérique Ries (A6-0008/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2005)0045)

(P6_TA(2005)0045)

9.5.   EU relations with the Mediterranean region (vote)

(vote)

Motions for resolution B6-0095/2005, B6-0100/2005, B6-0101/2005, B6-0108/2005, B6-0114/2005 and B6-0117/2005

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

JOINT MOTION FOR A RESOLUTION RC-B6-0095/2005

(replacing B6-0095/2005, B6-0100/2005, B6-0101/2005, B6-0108/2005, B6-0114/2005 and B6-0117/2005):

tabled by the following Members:

| — | João de Deus Pinheiro, José Ignacio Salafranca Sánchez-Neyra and Tokia Saïfi, on behalf of the PPE-DE Group, |
| --- | --- |

—

João de Deus Pinheiro, José Ignacio Salafranca Sánchez-Neyra and Tokia Saïfi, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano and Carlos Carnero González, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano and Carlos Carnero González, on behalf of the PSE Group,

| — | Philippe Morillon and Emma Bonino, on behalf of the ALDE Group, |
| --- | --- |

—

Philippe Morillon and Emma Bonino, on behalf of the ALDE Group,

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

—

Hélène Flautre, Raül Romeva i Rueda, David Hammerstein Mintz and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group,

| — | Luisa Morgantini and Adamos Adamou, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Luisa Morgantini and Adamos Adamou, on behalf of the GUE/NGL Group,

| — | Adriana Poli Bortone and Sebastiano (Nello) Musumeci, on behalf of the UEN Group |
| --- | --- |

—

Adriana Poli Bortone and Sebastiano (Nello) Musumeci, on behalf of the UEN Group

Adopted (P6_TA(2005)0046)

(P6_TA(2005)0046)

The following spoke on the vote:

The following spoke on the vote:

| — | Philippe Morillon, who moved an oral amendment to paragraph 9. |
| --- | --- |

—

Philippe Morillon, who moved an oral amendment to paragraph 9.

| — | Carlos Carnero González, who moved an oral amendment to insert a new paragraph after paragraph 18. |
| --- | --- |

—

Carlos Carnero González, who moved an oral amendment to insert a new paragraph after paragraph 18.

| — | José Ignacio Salafranca Sánchez-Neyra, on Philippe Morillon's oral amendment. He also pointed out that the political groups had agreed that the last sentence of paragraph 9 should become a new paragraph (the President replied that this would be done). |
| --- | --- |

—

José Ignacio Salafranca Sánchez-Neyra, on Philippe Morillon's oral amendment. He also pointed out that the political groups had agreed that the last sentence of paragraph 9 should become a new paragraph (the President replied that this would be done).

10.   Explanations of vote

Written explanations of vote:

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

Oral explanations of vote:

Oral explanations of vote:

Recommendation for second reading: Corien Wortmann-Kool — A6-0015/2005

| — | Gilles Savary, Rodi Kratsa-Tsagaropoulou |
| --- | --- |

—

Gilles Savary, Rodi Kratsa-Tsagaropoulou

Report: Elspeth Attwooll — A6-0022/2005

| — | Catherine Stihler |
| --- | --- |

—

Catherine Stihler

Report: Frédérique Ries — A6-0008/2005

| — | Linda McAvan |
| --- | --- |

—

Linda McAvan

11.   Corrections to votes

Maria da Assunção Esteves and Piia-Noora Kauppi had been present but had not participated in the votes held before the formal sitting.

For technical reasons, María Isabel Salinas García had not taken part in the vote on amendment 37 to the Wortmann-Kool report (A6-0015/2005).

(The sitting was suspended at 13.35 and resumed at 15.00.)

(The sitting was suspended at 13.35 and resumed at 15.00.)

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

12.   Request for the waiver of parliamentary immunity

The British authorities had requested the waiver of Mr Ashley Mote's parliamentary immunity in the context of legal proceedings pending in Britain.

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

13.   Approval of Minutes of previous sitting

Raffaele Lombardo had informed the Presidency that he had been present but that his name was not on the attendance register.

Corrections to votes

Corrections to votes

Report: in 't Veld — A6-0034/2005

| — | Modification 3

  against: Véronique De Keyser |
| --- | --- |

—

Modification 3

against: Véronique De Keyser

against:

| — | amendment 3

  for: Véronique De Keyser, Alain Lipietz |
| --- | --- |

—

amendment 3

for: Véronique De Keyser, Alain Lipietz

for:

| — | amendment 4

  for: Véronique De Keyser |
| --- | --- |

—

amendment 4

for: Véronique De Keyser

for:

| — | resolution (as a whole)

  against: Robert Navarro |
| --- | --- |

—

resolution (as a whole)

against: Robert Navarro

against:

***

The Minutes of the previous sitting were approved.

14.   Human Rights (Geneva, 14 March to 22 April 2005) (continuation of debate)

(continuation of debate)

The following spoke: Richard Howitt, Ursula Stenzel, Nicolas Schmit (President-in-Office of the Council) and Benita Ferrero-Waldner (Member of the Commission).

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

| — | Hélène Flautre, on behalf of the AFET Committee, on the EU's priorities and recommendations for the 61st session of the UN Commission on Human Rights in Geneva (14 March to 22 April 2005) (B6-0086/2005). |
| --- | --- |

—

Hélène Flautre, on behalf of the AFET Committee, on the EU's priorities and recommendations for the 61st session of the UN Commission on Human Rights in Geneva (14 March to 22 April 2005) (B6-0086/2005).

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.5

Minutes of 24.02.2005, Item 7.5

15.   Elections in Moldova (debate)

(debate)

Council and Commission statements: Elections in Moldova

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

The following spoke: Zdzisław Zbigniew Podkański, on behalf of the PPE-DE Group, Jan Marinus Wiersma, on behalf of the PSE Group, Jelko Kacin, on behalf of the ALDE Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Jiří Maštálka, on behalf of the GUE/NGL Group, Ryszard Czarnecki, Non-attached Member, Charles Tannock, Marianne Mikko, Jorgo Chatzimarkakis, Erik Meijer, Laima Liucija Andrikienė, Giovanni Pittella, Athanasios Pafilis and Nicolas Schmit.

IN THE CHAIR: Mario MAURO

Vice-President

Benita Ferrero-Waldner spoke.

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

| — | Jorgo Chatzimarkakis and Jelko Kacin, on behalf of the ALDE Group, on the parliamentary elections in Moldova (B6-0122/2005); |
| --- | --- |

—

Jorgo Chatzimarkakis and Jelko Kacin, on behalf of the ALDE Group, on the parliamentary elections in Moldova (B6-0122/2005);

| — | Elisabeth Schroedter, Hélène Flautre and Milan Horáček, on behalf of the Verts/ALE Group, on the parliamentary elections in Moldova (B6-0123/2005); |
| --- | --- |

—

Elisabeth Schroedter, Hélène Flautre and Milan Horáček, on behalf of the Verts/ALE Group, on the parliamentary elections in Moldova (B6-0123/2005);

| — | Jan Marinus Wiersma, Marianne Mikko and Giovanni Pittella, on behalf of the PSE Group, on the parliamentary elections in Moldova (B6-0124/2005); |
| --- | --- |

—

Jan Marinus Wiersma, Marianne Mikko and Giovanni Pittella, on behalf of the PSE Group, on the parliamentary elections in Moldova (B6-0124/2005);

| — | Jiří Maštálka and Helmuth Markov, on behalf of the GUE/NGL Group, on the elections in the Republic of Moldova (B6-0143/2005); |
| --- | --- |

—

Jiří Maštálka and Helmuth Markov, on behalf of the GUE/NGL Group, on the elections in the Republic of Moldova (B6-0143/2005);

| — | Armin Laschet, Charles Tannock and Bogdan Klich, on behalf of the PPE-DE Group, on the parliamentary elections in Moldova (B6-0144/2005); |
| --- | --- |

—

Armin Laschet, Charles Tannock and Bogdan Klich, on behalf of the PPE-DE Group, on the parliamentary elections in Moldova (B6-0144/2005);

| — | Cristiana Muscardini and Anna Elzbieta Fotyga, on behalf of the UEN Group, on the elections in Moldova (B6-0145/2005). |
| --- | --- |

—

Cristiana Muscardini and Anna Elzbieta Fotyga, on behalf of the UEN Group, on the elections in Moldova (B6-0145/2005).

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.9

Minutes of 24.02.2005, Item 7.9

16.   Action against hunger and poverty (debate)

(debate)

Oral question by Enrique Barón Crespo, on behalf of the INTA Committee, and Luisa Morgantini, on behalf of the DEVE Committee, to the Council: Action against Hunger and Poverty (B6-0005/2005)

Oral question by Enrique Barón Crespo, on behalf of the INTA Committee, and Luisa Morgantini, on behalf of the DEVE Committee, to the Commission: Action against Hunger and Poverty (B6-0006/2005)

Enrique Barón Crespo and Luisa Morgantini moved the oral questions.

Nicolas Schmit (President-in-Office of the Council) answered question B6-0005/2005.

Benita Ferrero-Waldner (Member of the Commission) answered question B6-0006/2005.

The following spoke: Zbigniew Zaleski, on behalf of the PPE-DE Group, Margrietus van den Berg, on behalf of the PSE Group, Johan Van Hecke, on behalf of the ALDE Group, Marie-Hélène Aubert, on behalf of the Verts/ALE Group, Miloslav Ransdorf, on behalf of the GUE/NGL Group, Jan Tadeusz Masiel, Non-attached Member, Maria Martens, Luis Yañez-Barnuevo García, Witold Tomczak, Anna Záborská, Ana Maria Gomes, John Bowis, Kader Arif, Filip Andrzej Kaczmarek, Karin Scheele, Linda McAvan, Pierre Schapira, Hélène Goudin, Nicolas Schmit and Benita Ferrero-Waldner.

Motions for resolution to wind up the debate tabled pursuant to Rule 108(5):

| — | Nirj Deva, Maria Martens, John Bowis, Filip Andrzej Kaczmarek, Ioannis Kasoulides, Eija-Riitta Korhola, Geoffrey Van Orden, Anna Záborská and Zbigniew Zaleski, on behalf of the PPE-DE Group, on action against hunger and poverty (B6-0103/2005); |
| --- | --- |

—

Nirj Deva, Maria Martens, John Bowis, Filip Andrzej Kaczmarek, Ioannis Kasoulides, Eija-Riitta Korhola, Geoffrey Van Orden, Anna Záborská and Zbigniew Zaleski, on behalf of the PPE-DE Group, on action against hunger and poverty (B6-0103/2005);

| — | Frithjof Schmidt, Marie-Hélène Aubert, Margrete Auken, Carl Schlyter and Jean Lambert, on behalf of the Verts/ALE Group, on action against hunger and poverty (B6-0105/2005); |
| --- | --- |

—

Frithjof Schmidt, Marie-Hélène Aubert, Margrete Auken, Carl Schlyter and Jean Lambert, on behalf of the Verts/ALE Group, on action against hunger and poverty (B6-0105/2005);

| — | Brian Crowley, Cristiana Muscardini, Eoin Ryan and Umberto Pirilli, on behalf of the UEN Group, on action against hunger and poverty (B6-0107/2005); |
| --- | --- |

—

Brian Crowley, Cristiana Muscardini, Eoin Ryan and Umberto Pirilli, on behalf of the UEN Group, on action against hunger and poverty (B6-0107/2005);

| — | Luisa Morgantini, Vittorio Agnoletto, Helmuth Markov, Gabriele Zimmer, Pedro Guerreiro, Marco Rizzo and Miguel Portas, on behalf of the GUE/NGL Group, on action against hunger and poverty (B6-0110/2005); |
| --- | --- |

—

Luisa Morgantini, Vittorio Agnoletto, Helmuth Markov, Gabriele Zimmer, Pedro Guerreiro, Marco Rizzo and Miguel Portas, on behalf of the GUE/NGL Group, on action against hunger and poverty (B6-0110/2005);

| — | Miguel Angel Martínez Martínez, Enrique Barón Crespo, Luis Yañez-Barnuevo García and Pasqualina Napoletano, on behalf of the PSE Group, on action against hunger and poverty (B6-0116/2005); |
| --- | --- |

—

Miguel Angel Martínez Martínez, Enrique Barón Crespo, Luis Yañez-Barnuevo García and Pasqualina Napoletano, on behalf of the PSE Group, on action against hunger and poverty (B6-0116/2005);

| — | Johan Van Hecke and Thierry Cornillet, on behalf of the ALDE Group, on action against hunger and poverty (B6-0118/2005). |
| --- | --- |

—

Johan Van Hecke and Thierry Cornillet, on behalf of the ALDE Group, on action against hunger and poverty (B6-0118/2005).

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.6

Minutes of 24.02.2005, Item 7.6

17.   Expiry of the WTO Agreement on Textiles and Clothing (debate)

(debate)

Oral question by Luisa Morgantini, on behalf of the DEVE Committee, Enrique Barón Crespo, on behalf of the INTA Committee, Giles Chichester, on behalf of the ITRE Committee, to the Council: Expiry of the WTO Agreement on Textiles and Clothing (B6-0007/2005)

Oral question by Luisa Morgantini, on behalf of the DEVE Committee, Enrique Barón Crespo, on behalf of the INTA Committee, Giles Chichester, on behalf of the ITRE Committee, to the Commission: Expiry of the WTO Agreement on Textiles and Clothing (B6-0008/2005)

Luisa Morgantini moved the oral questions.

IN THE CHAIR: Alejo VIDAL-QUADRAS ROCA

Vice-President

Enrique Barón Crespo moved the oral questions.

Nicolas Schmit (President-in-Office of the Council) answered question B5-0007/2005.

Benita Ferrero-Waldner (Member of the Commission) answered question B5-0008/2005.

The following spoke: Maria Martens, on behalf of the PPE-DE Group, Joan Calabuig Rull, on behalf of the PSE Group, Johan Van Hecke, on behalf of the ALDE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Nils Lundgren, on behalf of the IND/DEM Group, Adriana Poli Bortone, on behalf of the UEN Group, Carl Lang, Non-attached Member, Tokia Saïfi, Francisco Assis, Anne Laperrouze, Bernat Joan i Marí, Diamanto Manolakou, Cristiana Muscardini, Ryszard Czarnecki, José Albino Silva Peneda, Panagiotis Beglitis, Ivo Belet, Harald Ettl, Elisa Ferreira, Erika Mann, Pia Elda Locatelli, Brigitte Douay, Nicolas Schmit (President-in-Office of the Council) and Benita Ferrero-Waldner (Member of the Commission).

The debate closed.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

18.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B6-0009/2005).

Question 1 (Bernd Posselt): Negotiations with Croatia

Nicolas Schmit (President-in-Office of the Council) answered the question and supplementaries by Bernd Posselt, Paul Rübig and Michl Ebner.

Question 2 (Kyriacos Triantaphyllides): Restrictions imposed on Mordechai Vanunu

Nicolas Schmit answered the question and supplementaries by Kyriacos Triantaphyllides and David Martin.

Question 3 (Dimitrios Papadimoulis): Creation of a European early warning and rapid response system for tackling natural disasters

Nicolas Schmit answered the question and supplementaries by Dimitrios Papadimoulis and Georgios Papastamkos.

Question 4 (Georgios Papastamkos): Lisbon Strategy

Nicolas Schmit answered the question and supplementaries by Georgios Papastamkos and Dimitrios Papadimoulis.

Question 5 (Georgios Karatzaferis): 'Ceilings' on the production of agricultural products in short supply in the EU

Nicolas Schmit answered the question and supplementaries by Matteo Salvini (deputising for the author) and Francesco Enrico Speroni.

Question 6 (Marilisa Xenogiannakopoulou): Protection of children in areas devastated by the tsunami

Nicolas Schmit answered the question and supplementaries by Marilisa Xenogiannakopoulou and David Martin.

Question 7 (Robert Evans): EU tax havens

Nicolas Schmit answered the question and supplementaries by Robert Evans, Paul Rübig and Jean Lambert.

Question 8 (David Martin): Tsunami relief and appropriations for Africa

Nicolas Schmit answered the question and a supplementary by David Martin.

Question 9 (Jonas Sjöstedt): Storage of traffic data

Nicolas Schmit answered the question and supplementaries by Jonas Sjöstedt and Ole Krarup.

Questions which had not been answered for lack of time would receive written answers.

Council Question Time closed.

(The sitting was suspended at 19.10 and resumed at 21.05.)

(The sitting was suspended at 19.10 and resumed at 21.05.)

IN THE CHAIR: Luigi COCILOVO

Vice-President

19.   Unfair business-to-consumer commercial practices ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and European Parliament and Council Directives 97/7/EC, 98/27/EC and 2002/65/EC and European Parliament and Council Regulation (EC) No .../2004 (‘Unfair Commercial Practices Directive’) [11630/2/2004 — C6-0190/2004 — 2003/0134 (COD)] — Committee on the Internal Market and Consumer Protection.

Rapporteur: Mercedes Bresso (A6-0027/2005)

Markos Kyprianou (Member of the Commission) spoke.

Mercedes Bresso introduced the recommendation for second reading.

The following spoke: Marianne Thyssen, on behalf of the PPE-DE Group, Evelyne Gebhardt, on behalf of the PSE Group, Diana Wallis, on behalf of the ALDE Group, Malcolm Harbour, Phillip Whitehead, Anneli Jäätteenmäki, Joachim Wuermeling, Bernadette Vergnaud, José Ribeiro e Castro, Anna Hedh, Arlene McCarthy, Béatrice Patrie and Markos Kyprianou.

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.2

Minutes of 24.02.2005, Item 7.2

20.   Health and safety at the workplace (debate)

(debate)

Report on promoting health and safety at the workplace [2004/2205(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Jiří Maštálka (A6-0029/2005)

Jiří Maštálka introduced the report.

The following spoke: Vladimír Špidla (Member of the Commission), Rodi Kratsa-Tsagaropoulou (draftsman of the opinion of the FEMM Committee), Anja Weisgerber, on behalf of the PPE-DE Group, Ole Christensen, on behalf of the PSE Group, Elizabeth Lynne, on behalf of the ALDE Group, Sepp Kusstatscher, on behalf of the Verts/ALE Group, Mary Lou McDonald, on behalf of the GUE/NGL Group, Kathy Sinnott, on behalf of the IND/DEM Group, José Albino Silva Peneda, Marios Matsakis, Philip Bushill-Matthews, Ljudmila Novak and Vladimír Špidla.

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.10

Minutes of 24.02.2005, Item 7.10

21.   The steel sector (debate)

(debate)

Commission statement: The steel sector

Vladimír Špidla (Member of the Commission) made the statement.

The following spoke: Antonio Tajani, on behalf of the PPE-DE Group, Pier Antonio Panzeri, on behalf of the PSE Group, Alfonso Andria, on behalf of the ALDE Group, Sepp Kusstatscher, on behalf of the Verts/ALE Group, Roberto Musacchio, on behalf of the GUE/NGL Group, Roberta Angelilli, on behalf of the UEN Group, Alessandro Battilocchio, Non-attached Member, Werner Langen, Stephen Hughes, Anne Laperrouze, Marco Rizzo, Paul Rübig, Reino Paasilinna, Armando Dionisi, Guido Sacconi, Alfredo Antoniozzi and Vladimír Špidla.

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

| — | Roberta Angelilli, on behalf of the UEN Group, on the crisis in the steel industry (B6-0091/2005); |
| --- | --- |

—

Roberta Angelilli, on behalf of the UEN Group, on the crisis in the steel industry (B6-0091/2005);

| — | Antonio Tajani, on behalf of the PPE-DE Group, on the future prospects for the steel sector (B6-0096/2005); |
| --- | --- |

—

Antonio Tajani, on behalf of the PPE-DE Group, on the future prospects for the steel sector (B6-0096/2005);

| — | Nicola Zingaretti, Guido Sacconi, on behalf of the PSE Group, Lapo Pistelli, Antonio Di Pietro, Luciana Sbarbati, on behalf of the ALDE Group, Monica Frassoni, Sepp Kusstatscher, on behalf of the Verts/ALE Group, Roberto Musacchio and Umberto Guidoni, on behalf of the GUE/NGL Group, on the crisis in the steel industry (TK Terni) (B6-0119/2005). |
| --- | --- |

—

Nicola Zingaretti, Guido Sacconi, on behalf of the PSE Group, Lapo Pistelli, Antonio Di Pietro, Luciana Sbarbati, on behalf of the ALDE Group, Monica Frassoni, Sepp Kusstatscher, on behalf of the Verts/ALE Group, Roberto Musacchio and Umberto Guidoni, on behalf of the GUE/NGL Group, on the crisis in the steel industry (TK Terni) (B6-0119/2005).

The debate closed.

Vote: Minutes of 24.02.2005, Item 7.4

Minutes of 24.02.2005, Item 7.4

22.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 354.151/OJJE).

23.   Closure of sitting

The sitting closed at 23.40.

Julian Priestley

Secretary-General

Alejo Vidal-Quadras Roca

Vice-President

---

ATTENDANCE REGISTER

The following signed:

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

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   EU-Egypt Euro-Mediterranean Agreement ***

Recommendation: Elmar BROK (A6-0041/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

2.   Community Customs Code ***II

Recommendation for second reading: Janelly FOURTOU (A6-0021/2005)

| Subject | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| approval without a vote | | + | |

Subject

RCV etc.

Vote

RCV/EV — remarks

approval without a vote

+

3.   Vocational training statistics ***I

Report: Ottaviano DEL TURCO (A6-0033/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

Amendments 15 and 16 did not concern all language versions and were not put to the vote (see Rule 151(1)(d)).

4.   Seafarers' Identity Documents *

Report: Ioannis VARVITSIOTIS (A6-0037/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

5.   Pollution from ships ***II

Recommendation for second reading: Corien WORTMANN-KOOL (A6-0015/2005)

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




  compromise package | 25-36 | PPE-DE, PSE and Verts/ALE | | + | |
| 37 | PPE-DE, PSE and Verts/ALE | sep RCV | + | 574, 64, 3 |
| Block No 2 | 1
  3-8
  14-15 | committee | | ↓ | |
| 16 | committee | sep | ↓ | |
| Block No 3 | 9
  10
  17 | committee | | + | |
| Block No 4 | 2
  12
  13
  18 | committee | | - | |
| art 5(2) | 21
  23 | ALDE
  VARVITSIOTIS et al | | W - | |
| art 8(2) | 19 | GUE/NGL | | - | |
| 11 | committee | | - | |
| 22 | ALDE | | W | |
| after recital 10 | 20 | ALDE | | W | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Block No 1

compromise package

25-36

PPE-DE, PSE and Verts/ALE

+

37

PPE-DE, PSE and Verts/ALE

sep RCV

+

574, 64, 3

Block No 2

1

3-8

14-15

committee

↓

16

committee

sep

↓

Block No 3

9

10

17

committee

+

Block No 4

2

12

13

18

committee

-

art 5(2)

21

23

ALDE

VARVITSIOTIS et al

W -

art 8(2)

19

GUE/NGL

-

11

committee

-

22

ALDE

W

after recital 10

20

ALDE

W

Amendment 24 had been cancelled.

Request for roll-call vote

PPE-DE: am 37

Miscellaneous

The ALDE group had withdrawn its amendments 20, 21, 22.

6.   Driving licences ***I

Report: Mathieu GROSCH (A6-0016/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by the committee responsible — block vote | 3
  6-8
  10-12
  14
  20-28
  31-34
  38-39
  44
  47
  50-53
  56-60
  62-66
  68
  70-75
  77-79
  84-85 | committee | | + | |
| amendments by the committee responsible — separate votes | 2 | committee | sep/EV | + | 408, 232, 7 |
| 5 | committee | sep | + | |
| 9 | committee | sep | + | |
| 13 | committee | sep | + | |
| 15 | committee | sep | + | |
| 16 | committee | sep | + | |
| 17 | committee | sep | + | |
| 18 | committee | sep | + | |
| 29 | committee | sep | + | |
| 30 | committee | sep | + | |
| 35 | committee | sep | + | |
| 36 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 37 | committee | sep | + | |
| 41 | committee | sep | + | |
| 42 | committee | sep | + | |
| 43 | committee | sep/EV | + | 399, 226, 16 |
| 45 | committee | sep/EV | - | 306, 327, 16 |
| 54 | committee | sep | + | |
| 55 | committee | sep | + | |
| 61 | committee | sep | + | |
| 67 | committee | sep | + | |
| 80 | committee | RCV | + | 380, 268, 4 |
| 81 | committee | RCV | + | 362, 270, 17 |
| 82 | committee | sep/EV | + | 365, 267, 15 |
| 83 | committee | sep | + | |
| 86 | committee | sep/EV | + | 343, 290, 19 |
| art 4, § 1, category A2 | 122 | PSE | | - | |
| art 4, § 1, category B | 87 | BRADBOURN et al | | - | |
| 19 | committee | | + | |
| art 6, § 3, introductory part | 107 | PPE-DE | EV | - | 230, 412, 7 |
| art 6, § 3, point b) | 101=
  114= | BRADBOURN et al
  ALDE | EV | + | 417, 223, 19 |
| art 6, § 4, after point b) | 103 | KOCH et al | | + | |
| art 7, § 1, point a) | 116
  115 | ALDE | | - | |
| art 7, § 1, point c), first indent | 108=
  117=
  127= | PPE-DE
  ALDE
  DIONISI et al | RCV | + | 377, 264, 18 |
| 40cp | committee | | ↓ | |
| art 7, § 1, rest of point c) | 40 cp | committee | | + | |
| art 7, § 1, point d), first indent | 118=
  128= | ALDE
  DIONISI et al | | - | |
| art 7, § 2, sub-§ 2 | 119 | ALDE | | - | |
| art 7, § 2, after sub-§ 3 | 123 | PSE | | + | |
| 124 | PSE | EV | + | 361, 287, 8 |
| art 8, § 1, point c) | 125 | PSE | EV | - | 320, 320, 10 |
| art 8, § 1, point d) | 46 | committee | EV | + | 341, 284, 26 |
| 100 | BRADBOURN et al | | ↓ | |
| 126 | PSE | | - | |
| art 8, § 2, sub-§ 1 | 88 | BRADBOURN et al | | - | |
| 109 | PPE-DE | RCV | - | 254, 389, 16 |
| 48 | committee | | + | |
| art 8, § 2, sub-§ 2 | 89 | BRADBOURN et al | | - | |
| 49 | committee | | + | |
| art 8, § 3, introductory part | 110 | PPE-DE | RCV | - | 262, 392, 5 |
| art 15 before § 1 | 130 | Verts/ALE | | - | |
| Annex 2, point 5.2, category A1 | 102 | BRADBOURN et al | | - | |
| Annex 2, point 5.2, category A2 | 129 | DIONISI et al | | - | |
| Annex 2, point 5.2, category A | 111 | PPE-DE | | + | |
| Annex 3, point 6, sub-§ 1 | 112 | PPE-DE | EV | - | 251, 389, 13 |
| Annex 3, point 6.3 | 90 | BRADBOURN et al | | - | |
| Annex 3, point 7 | 91 | BRADBOURN et al | | - | |
| Annex 3, point 8.2, sub-§ 1 | 113 | PPE-DE | | - | |
| Annex 3, point 9.2 | 92 | BRADBOURN et al | | - | |
| Annex 3, point 9.4 | 93 | BRADBOURN et al | | - | |
| Annex 3, point 12.1 | 121 | ALDE | RCV | - | 236, 403, 21 |
| 94 | BRADBOURN et al | | - | |
| 120 | ALDE | | + | |
| Annex 3, point 14.1, sub-§ 1 | 95 | BRADBOURN et al | | - | |
| Annex 3, point 15.1 | 96 | BRADBOURN et al | | - | |
| Annex 3, point 16.1 | 97 | BRADBOURN et al | | - | |
| Annex 3, point 17.1 | 98 | BRADBOURN et al | | - | |
| Annex 3, point 18 | 99 | BRADBOURN et al | | - | |
| rec 3 | 104 | PPE-DE | | - | |
| 1 | committee | | + | |
| rec 4 | 105 | PPE-DE | | - | |
| rec 5 | 4 | committee | | + | |
| 106 | PPE-DE | EV | + | 431, 204, 16 |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 548, 103, 9 |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

amendments by the committee responsible — block vote

3

6-8

10-12

14

20-28

31-34

38-39

44

47

50-53

56-60

62-66

68

70-75

77-79

84-85

committee

+

amendments by the committee responsible — separate votes

2

committee

sep/EV

+

408, 232, 7

5

committee

sep

+

9

committee

sep

+

13

committee

sep

+

15

committee

sep

+

16

committee

sep

+

17

committee

sep

+

18

committee

sep

+

29

committee

sep

+

30

committee

sep

+

35

committee

sep

+

36

committee

split

1

+

2

+

37

committee

sep

+

41

committee

sep

+

42

committee

sep

+

43

committee

sep/EV

+

399, 226, 16

45

committee

sep/EV

-

306, 327, 16

54

committee

sep

+

55

committee

sep

+

61

committee

sep

+

67

committee

sep

+

80

committee

RCV

+

380, 268, 4

81

committee

RCV

+

362, 270, 17

82

committee

sep/EV

+

365, 267, 15

83

committee

sep

+

86

committee

sep/EV

+

343, 290, 19

art 4, § 1, category A2

122

PSE

-

art 4, § 1, category B

87

BRADBOURN et al

-

19

committee

+

art 6, § 3, introductory part

107

PPE-DE

EV

-

230, 412, 7

art 6, § 3, point b)

101=

114=

BRADBOURN et al

ALDE

EV

+

417, 223, 19

art 6, § 4, after point b)

103

KOCH et al

+

art 7, § 1, point a)

116

115

ALDE

-

art 7, § 1, point c), first indent

108=

117=

127=

PPE-DE

ALDE

DIONISI et al

RCV

+

377, 264, 18

40cp

committee

↓

art 7, § 1, rest of point c)

40 cp

committee

+

art 7, § 1, point d), first indent

118=

128=

ALDE

DIONISI et al

-

art 7, § 2, sub-§ 2

119

ALDE

-

art 7, § 2, after sub-§ 3

123

PSE

+

124

PSE

EV

+

361, 287, 8

art 8, § 1, point c)

125

PSE

EV

-

320, 320, 10

art 8, § 1, point d)

46

committee

EV

+

341, 284, 26

100

BRADBOURN et al

↓

126

PSE

-

art 8, § 2, sub-§ 1

88

BRADBOURN et al

-

109

PPE-DE

RCV

-

254, 389, 16

48

committee

+

art 8, § 2, sub-§ 2

89

BRADBOURN et al

-

49

committee

+

art 8, § 3, introductory part

110

PPE-DE

RCV

-

262, 392, 5

art 15 before § 1

130

Verts/ALE

-

Annex 2, point 5.2, category A1

102

BRADBOURN et al

-

Annex 2, point 5.2, category A2

129

DIONISI et al

-

Annex 2, point 5.2, category A

111

PPE-DE

+

Annex 3, point 6, sub-§ 1

112

PPE-DE

EV

-

251, 389, 13

Annex 3, point 6.3

90

BRADBOURN et al

-

Annex 3, point 7

91

BRADBOURN et al

-

Annex 3, point 8.2, sub-§ 1

113

PPE-DE

-

Annex 3, point 9.2

92

BRADBOURN et al

-

Annex 3, point 9.4

93

BRADBOURN et al

-

Annex 3, point 12.1

121

ALDE

RCV

-

236, 403, 21

94

BRADBOURN et al

-

120

ALDE

+

Annex 3, point 14.1, sub-§ 1

95

BRADBOURN et al

-

Annex 3, point 15.1

96

BRADBOURN et al

-

Annex 3, point 16.1

97

BRADBOURN et al

-

Annex 3, point 17.1

98

BRADBOURN et al

-

Annex 3, point 18

99

BRADBOURN et al

-

rec 3

104

PPE-DE

-

1

committee

+

rec 4

105

PPE-DE

-

rec 5

4

committee

+

106

PPE-DE

EV

+

431, 204, 16

vote: amended proposal

+

vote: legislative resolution

RCV

+

548, 103, 9

Amendments 69 and 76 did not concern all language versions and were not put to the vote (see Rule 151(1)(d)).

Requests for roll-call votes

PPE-DE: ams 80, 81, 109, 110 + final vote

PSE: final vote

ALDE: ams 117, 121

Request for split vote

PPE-DE

am 36

1st part:‘(d) licences issued for all categories shall ... vehicles of category AM’

2nd part:‘However, a Member State ... a category AM licence.’

Requests for separate votes

PPE-DE: ams 2, 13, 43, 54 + ams 5, 15, 16, 17, 18, 29, 30, 35, 37, 55, 82, 86

IND/DEM: am 13

PSE: ams 45, 80, 81, 82, 86

ALDE: ams 41, 42, 61, 67, 9, 83

7.   River Traffic Information Services ***I

Report: Renate SOMMER (A6-0055/2004)

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




  compromise package | 1
  3
  8
  9
  11
  13
  16
  18
  19
  24
  26
  31-34
  +
  35-52
  54-66 | committee


  PPE-DE | | + | |
| 53 | PPE-DE | split | | |
| 1 | + | |
| 2/RCV | + | 490, 82, 7 |
| Block No 2 | 2
  4-7
  10
  12
  14
  15
  17
  20-23
  25
  27-30 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Block No 1

compromise package

1

3

8

9

11

13

16

18

19

24

26

31-34

+

35-52

54-66

committee

PPE-DE

+

53

PPE-DE

split

1

+

2/RCV

+

490, 82, 7

Block No 2

2

4-7

10

12

14

15

17

20-23

25

27-30

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Request for roll-call votes

ALDE

am 53, 2nd part

Request for split votes

ALDE

am 53

1st part: Text as a whole excluding the deletion of ‘and a correlation table between those provisions and this Directive’

2nd part: the deletion of those words

8.   Recognition of seafarers' certificates ***I

Report: Robert EVANS (A6-0057/2004)

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




  compromise | 10-31 | PSE | | + | |
| 32 | PSE | split | | |
| 1 | + | |
| 2/RCV | + | 534, 82, 17 |
| Block No 2 | 1-9 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 619, 20, 3 |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Block No 1

compromise

10-31

PSE

+

32

PSE

split

1

+

2/RCV

+

534, 82, 17

Block No 2

1-9

committee

↓

vote: amended proposal

+

vote: legislative resolution

RCV

+

619, 20, 3

Requests for roll-call votes

PPE-DE: final vote

ALDE: am 32, 2nd part

Request for split votes

ALDE

am 32

1st part: Text as a whole excluding the deletion of ‘and a correlation table between those provisions and this Directive’

2nd part: the deletion of those words

9.   Fisheries Control Agency *

Report: Elspeth ATTWOOLL (A6-0022/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by the committee responsible — block vote | 1-2
  5-16
  19-21
  25-26
  28-34 | committee | | + | |
| amendments by the committee responsible — separate votes | 3 | committee | sep | + | |
| 4 | committee | sep | + | |
| 23 | committee | sep | + | |
| 24 | committee | sep | + | |
| 27 | committee | sep | + | |
| art 11, § 2, after point d) | 35 | ALDE | | - | |
| art 12, title | 36 | ALDE | | - | |
| art 12, § 1 | 37 | ALDE | | - | |
| art 12, § 2 | 38 | ALDE | linguistic | | |
| art 12, § 3 | 39 | ALDE | | - | |
| art 13, § 2, point b) | 40 | ALDE | | - | |
| art 13, § 2, point c) | 41 | ALDE | | - | |
| art 14 | 42 | ALDE | | - | |
| 18 | committee | | + | |
| art 24, § 2, point c) | 43 | ALDE | | - | |
| 22 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

amendments by the committee responsible — block vote

1-2

5-16

19-21

25-26

28-34

committee

+

amendments by the committee responsible — separate votes

3

committee

sep

+

4

committee

sep

+

23

committee

sep

+

24

committee

sep

+

27

committee

sep

+

art 11, § 2, after point d)

35

ALDE

-

art 12, title

36

ALDE

-

art 12, § 1

37

ALDE

-

art 12, § 2

38

ALDE

linguistic

art 12, § 3

39

ALDE

-

art 13, § 2, point b)

40

ALDE

-

art 13, § 2, point c)

41

ALDE

-

art 14

42

ALDE

-

18

committee

+

art 24, § 2, point c)

43

ALDE

-

22

committee

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 17 and 38 did not concern all language versions and were not put to the vote (see Rule 151(1)(d)).

Requests for separate votes

Verts/ALE: ams 3, 4, 23, 24, 27

10.   Environment and Health Action Plan 2004-2010

Report: Frédérique RIES (A6-0008/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | 10 | Verts/ALE | | - | |
| § 3 | 11 | Verts/ALE | | - | |
| § 5 | 1 | PPE-DE | EV | - | 303, 326, 4 |
| § 6 | 6 | SCHNELLHARDT et al | EV | - | 184, 430, 19 |
| 2 | PPE-DE | split | | |
| 1/RCV | + | 600, 27, 7 |
| 2 | - | |
| 3 | - | |
| § | original text | | ↓ | |
| § 13 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 20 | 9/rev | SCHNELLHARDT et al | | W | |
| 8 | SCHNELLHARDT et al | | - | 249, 376, 12 |
| 7 | SCHNELLHARDT et al | | - | |
| 4 | ALDE | RCV | + | 544, 65, 24 |
| § | original text | | ↓ | |
| § 23 | 3 | PPE-DE | | - | |
| § 28 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | RCV | + | 576, 48, 13 |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

§ 2

10

Verts/ALE

-

§ 3

11

Verts/ALE

-

§ 5

1

PPE-DE

EV

-

303, 326, 4

§ 6

6

SCHNELLHARDT et al

EV

-

184, 430, 19

2

PPE-DE

split

1/RCV

+

600, 27, 7

2

-

3

-

§

original text

↓

§ 13

original text

split

1

+

2

+

§ 20

9/rev

SCHNELLHARDT et al

W

8

SCHNELLHARDT et al

-

249, 376, 12

7

SCHNELLHARDT et al

-

4

ALDE

RCV

+

544, 65, 24

§

original text

↓

§ 23

3

PPE-DE

-

§ 28

original text

split

1

+

2

+

vote: resolution (as a whole)

RCV

+

576, 48, 13

Amendment 5 had been cancelled.

Requests for roll-call votes

ALDE: am 2 — part 1, am 4 + final vote

Verts/ALE: am 2

Requests for split votes

PPE-DE

§ 13

1st part:‘ Stresses that data must be collected ... by various environmental pollutants,’

2nd part:‘ for example, is entirely dependent on gender-specific statistics;’

§ 28

1st part:‘Repeats its call for particular attention ... emissions of toxic substances by 2010,’

2nd part:‘the priority targets being dioxin, ...reference years to be determined;’

Verts/ALE

am 2

1st part: the whole amendment without the words ‘with due regard’ and ‘within the framework of Directive 91/414/EEC’

2nd part:‘with due regard’

3rd part: within the framework of Directive 91/414/EEC

Miscellaneous

Mrs Klamt and Mr Florenz had withdrawn their signatures from ams 7, 8 and 9/rev. As a result, amendment 9/rev. no longer bore the requisite number of signatures and had been withdrawn.

11.   EU relations with the Mediterranean region

Motions for resolution: B6-0095/2005, B6-0100/2005, B6-0101/2005, B6-0108/2005, B6-0114/2005 and B6-0117/2005

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0095/2005 (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN) |
| § 9 | | original text | | + | oral amendment |
| after § 18 | | new text | | + | oral amendment |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B6-0095/2005 | | PSE | | ↓ | |
| B6-0100/2005 | | GUE/NGL | | ↓ | |
| B6-0101/2005 | | Verts/ALE | | ↓ | |
| B6-0108/2005 | | UEN | | ↓ | |
| B6-0114/2005 | | PPE-DE | | ↓ | |
| B6-0117/2005 | | ALDE | | ↓ | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0095/2005 (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL and UEN)

§ 9

original text

+

oral amendment

after § 18

new text

+

oral amendment

vote: resolution (as a whole)

+

motions for resolutions by political groups

B6-0095/2005

PSE

↓

B6-0100/2005

GUE/NGL

↓

B6-0101/2005

Verts/ALE

↓

B6-0108/2005

UEN

↓

B6-0114/2005

PPE-DE

↓

B6-0117/2005

ALDE

↓

Miscellaneous

By agreement with the political groups, the last sentence of § 9 of the joint motion for a resolution becomes a new paragraph:

9. Takes note of the forthcoming signing of the EU-Syria Association Agreement, which commits Damascus to deep and substantial reforms with a view to starting a genuine process of democratising Syria's structures; calls on Syria not to tolerate any kind of terrorism, including supporting the military wing of Hizbullah, as well as to refrain from any interference in Lebanese internal policies; asks for an immediate withdrawal of troops from the country as stated in the UNSC resolutions;

9a. Calls on the Council to consider sending a delegation of EU observers to monitor the elections in Lebanon;

Mr Morillon moved the following oral amendment to the existing § 9:

9. Takes note of the forthcoming signing of the EU-Syria Association Agreement, which commits Damascus to deep and substantial reforms with a view to starting a genuine process of democratising Syria's structures; calls on Syria not to tolerate any kind of terrorism, including supporting the military wing of Hizbullah, as well as to refrain from any interference in Lebanese internal policies; asks for an immediate withdrawal of troops from the country as stated in the UNSC resolutions
  and will treat this condition as crucial to its assessment when the time comes to sign the EC-Syria Association Agreement
  ;

Mr Carnero González (on behalf of the PSE Group), moved an oral amendment to insert the following new paragraph after paragraph 18:

Wishes the Council to take a decision to organise a Euro-Mediterranean Summit meeting of Heads of State or Government to commemorate the 10th anniversary of the Barcelona Process; underlines the importance, in this context, of the parliamentary dimension of this process and calls on the EMPA, which is to meet in Cairo from 12 to 15 March 2005, to schedule an extraordinary meeting to join in commemorating this 10th anniversary;

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Amendment 37

For: 574

ALDE: Alvaro, Andrejevs, Attwooll, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa Paolo, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, Huhne, in 't Veld, Jäätteenmäki, Jensen, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Papadimoulis, Portas, Ransdorf, Remek, Rizzo, Sjöstedt, Stroz, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Bonde, Chruszcz, Giertych, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, Wierzejski

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

PPE-DE: Andrikienė, Antoniozzi, Ayuso González, Barsi Pataky, Bauer, Becsey, Belet, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Lombardo, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

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

UEN: Angelilli, Aylward, Bielan, Foglietta, Fotyga, Janowski, Kamiński, Kristovskis, Libicki, Muscardini, Musumeci, Ó Neachtain, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Buitenweg, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, 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: 64

GUE/NGL: Manolakou, Pafilis, Toussas

IND/DEM: Batten, Booth, Clark, Farage, Goudin, Karatzaferis, Knapman, Louis, Lundgren, Nattrass, Titford, de Villiers, Whittaker, Wise, Wohlin, Železný

NI: Allister, Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Mölzer, Mote, Schenardi

PPE-DE: Ashworth, Atkins, Beazley, Bonsignore, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Fjellner, Hannan, Harbour, Heaton-Harris, Helmer, Hökmark, Ibrisagic, Jackson, Kirkhope, Nicholson, Parish, Purvis, Stevenson, Strejček, Sturdy, Sumberg, Tannock, Van Orden, Villiers

Abstention: 3

NI: Kozlík, Romagnoli

PSE: Wynn

Amendment 80

For: 380

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa Paolo, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, Huhne, in 't Veld, Jäätteenmäki, Jensen, Kacin, Karim, Koch-Mehrin, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mohácsi, Morillon, Mulder, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

IND/DEM: Batten, Belder, Blokland, Booth, Chruszcz, Clark, Farage, Giertych, Goudin, Grabowski, Karatzaferis, Knapman, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Titford, Tomczak, de Villiers, Whittaker, Wierzejski, Wise, Wohlin, Železný

NI: Allister, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Masiel, Mölzer, Resetarits, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Bonsignore, Bowis, Bradbourn, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek,Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dionisi, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Helmer, Herrero-Tejedor, Hieronymi, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kelam, Kirkhope, Klamt, Klich, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Laschet, Lehne, Lewandowski, López-Istúriz White, Lombardo, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Ulmer, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Villiers, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: D'Alema, Santoro

UEN: Angelilli, Foglietta, Musumeci, Poli Bortone, Tatarella

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

Against: 268

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Bonde

NI: Mote

PPE-DE: Belet, Brepoels, Coveney, Dehaene, Dimitrakopoulos, Doyle, Gklavakis, Grosch, Hatzidakis, Hennicot-Schoepges, Herranz García, Higgins, Kasoulides, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langendries, Lauk, Lechner, Liese, Lulling, McGuinness, Matsis, Mavrommatis, Mitchell, Oomen-Ruijten, Panayotopoulos-Cassiotou, Papastamkos, Pomés Ruiz, Samaras, Thyssen, Trakatellis, Vakalis

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

UEN: Aylward, Bielan, Crowley, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Ó Neachtain, Pavilionis, Roszkowski, Ryan, Szymański, Vaidere

Abstention: 4

ALDE: Klinz, Krahmer

NI: Kozlík

Verts/ALE: van Buitenen

Amendment 81

For: 362

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa Paolo, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff, Duquesne, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, Huhne, in 't Veld, Jäätteenmäki, Jensen, Kacin, Karim, Koch-Mehrin, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Polfer, Prodi, Ries, Riis-Jørgensen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

IND/DEM: Belder, Blokland, Chruszcz, Giertych, Grabowski, Karatzaferis, Krupa, Louis, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, de Villiers, Wierzejski, Železný

NI: Allister, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Masiel, Mölzer, Resetarits, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Bonsignore, Bowis, Bradbourn, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dionisi, Doorn, Dover, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Helmer, Herrero-Tejedor, Hieronymi, Hökmark, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kelam, Kirkhope, Klamt, Klich, Konrad, Korhola, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Laschet, Lehne, Lewandowski, López-Istúriz White, Lombardo, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Ulmer, Van Orden, Varela Suanzes-Carpegna, Villiers, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Santoro

UEN: Angelilli, Foglietta, Musumeci, Poli Bortone, Tatarella

Verts/ALE: Aubert, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, 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: 270

ALDE: Ek, Malmström, Samuelsen

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Bonde

NI: Mote

PPE-DE: Belet, Brepoels, Coveney, Dehaene, Dimitrakopoulos, Dombrovskis, Doyle, Gklavakis, Grosch, Gutiérrez-Cortines, Hatzidakis, Hennicot-Schoepges, Herranz García, Higgins, Kasoulides, Klaß, Koch, Kratsa-Tsagaropoulou, Langendries, Lauk, Lechner, Liese, Lulling, McGuinness, Matsis, Mavrommatis, Mitchell, Oomen-Ruijten, Panayotopoulos-Cassiotou, Papastamkos, Samaras, Spautz, Thyssen, Trakatellis, Vakalis

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

UEN: Aylward, Bielan, Crowley, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Ó Neachtain, Pavilionis, Roszkowski, Ryan, Szymański, Vaidere

Abstention: 17

ALDE: Klinz, Krahmer

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

NI: Kozlík

PPE-DE: Varvitsiotis

Verts/ALE: van Buitenen

Amendment 108

For: 377

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Rizzo, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Chruszcz, Giertych, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, de Villiers, Wierzejski

NI: Allister, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Bonsignore, Bowis, Bradbourn, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dionisi, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Helmer, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kelam, Kirkhope, Klamt, Klich, Korhola, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Laschet, Lehne, Lewandowski, López-Istúriz White, Lombardo, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Ulmer, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Assis, Beglitis, Cottigny, D'Alema, Dührkop Dührkop, Hutchinson, Mikko, Obiols i Germà, Öger, Paleckis, Santoro

UEN: Angelilli, Aylward, Bielan, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Muscardini, Musumeci, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

Against: 264

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

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

NI: Martin Hans-Peter, Mote, Resetarits

PPE-DE: Belet, Brepoels, Coveney, Dehaene, Dimitrakopoulos, Doyle, Eurlings, Gklavakis, Grosch, Hatzidakis, Hennicot-Schoepges, Herranz García, Kasoulides, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Langendries, Lauk, Lechner, Liese, Lulling, McGuinness, Matsis, Mavrommatis, Mitchell, Oomen-Ruijten, Panayotopoulos-Cassiotou, Papastamkos, Piskorski, Pleštinská, Samaras, Thyssen, Trakatellis, Vakalis, Varvitsiotis

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

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, 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

Abstention: 18

ALDE: Klinz, Krahmer

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

NI: Belohorská, Kozlík

Verts/ALE: van Buitenen

Amendment 109

For: 254

ALDE: Harkin

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

IND/DEM: Bonde, Chruszcz, Giertych, Goudin, Grabowski, Krupa, Louis, Lundgren, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, de Villiers, Wierzejski, Wohlin

NI: Allister, Belohorská, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Bonsignore, Bowis, Bradbourn, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dionisi, Dombrovskis, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Helmer, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Laschet, Lehne, Lewandowski, López-Istúriz White, Lombardo, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Podestà, Podkański, Poettering, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Ulmer, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasák, Weisgerber, Wieland, von Wogau, Wojciechowski, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Berlato, Foglietta, Libicki, Muscardini, Musumeci, Poli Bortone, Tatarella

Verts/ALE: Schlyter

Against: 389

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Rizzo, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

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

NI: Bobošíková, Martin Hans-Peter, Mote, Resetarits

PPE-DE: Belet, Brepoels, Coveney, Dehaene, Dimitrakopoulos, Doorn, Doyle, Eurlings, Gklavakis, Grosch, Hatzidakis, Hennicot-Schoepges, Herranz García, Kasoulides, Kratsa-Tsagaropoulou, Langen, Langendries, Lauk, Lechner, Liese, Lulling, Maat, McGuinness, Martens, Matsis, Mavrommatis, Mitchell, van Nistelrooij, Oomen-Ruijten, Panayotopoulos-Cassiotou, Papastamkos, Pleštinská, Posselt, Samaras, Thyssen, Trakatellis, Vakalis, Varvitsiotis, Wijkman, Wortmann-Kool

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

UEN: Aylward, Bielan, Crowley, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Ó Neachtain, Pavilionis, Roszkowski, Ryan, Szymański, Vaidere

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

Abstention: 16

ALDE: Klinz, Krahmer, Takkula

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

NI: Kozlík

UEN: Camre

Verts/ALE: van Buitenen, Schroedter

Amendment 110

For: 262

ALDE: Takkula

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

IND/DEM: Chruszcz, Giertych, Goudin, Grabowski, Krupa, Louis, Lundgren, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, de Villiers, Wierzejski, Wohlin

NI: Allister, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Bonsignore, Bowis, Bradbourn, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dionisi, Dombrovskis, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Helmer, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kelam, Kirkhope, Klamt, Klich, Korhola, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Laschet, Lehne, Lewandowski, Lombardo, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Őry, Pack, Pálfi, Parish, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Podestà, Podkański, Poettering, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Ulmer, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasák, Weisgerber, Wieland, von Wogau, Wojciechowski, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Musumeci, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

Verts/ALE: Schlyter, Schroedter

Against: 392

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Rizzo, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

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

NI: Martin Hans-Peter, Mote, Resetarits

PPE-DE: Belet, Brepoels, Dehaene, Dimitrakopoulos, Doorn, Doyle, Eurlings, Friedrich, Gklavakis, Grosch, Hannan, Hatzidakis, Hennicot-Schoepges, Herranz García, Kasoulides, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Langendries, Lauk, Lechner, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Marques, Martens, Matsis, Mavrommatis, Mitchell, van Nistelrooij, Oomen-Ruijten, Panayotopoulos-Cassiotou, Papastamkos, Pleštinská, Posselt, Samaras, Thyssen, Trakatellis, Vakalis, Varvitsiotis, Wijkman, Wortmann-Kool

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

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

Abstention: 5

ALDE: Klinz, Krahmer

IND/DEM: Bonde

NI: Kozlík

Verts/ALE: van Buitenen

Amendment 121

For: 236

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Figueiredo, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

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

NI: Allister, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, De Michelis, Dillen, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Resetarits, Romagnoli, Schenardi

PPE-DE: Ashworth, Atkins, Beazley, Bonsignore, Bowis, Bradbourn, Bushill-Matthews, Cederschiöld, Chichester, Deva, Doorn, Dover, Duchoň, Elles, Eurlings, Evans Jonathan, Fjellner, Hannan, Harbour, Heaton-Harris, Helmer, Hökmark, Ibrisagic, Jackson, Kirkhope, Maat, McMillan-Scott, Martens, Nicholson, van Nistelrooij, Parish, Podkański, Protasiewicz, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Villiers, Vlasák, Wortmann-Kool, Zahradil, Zvěřina

PSE: García Pérez, Santoro

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, 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: 403

ALDE: Deprez

GUE/NGL: de Brún, McDonald, Rizzo, Sjöstedt, Svensson

IND/DEM: Belder, Blokland, Karatzaferis, Salvini, Sinnott, Železný

NI: Masiel, Mote

PPE-DE: Andrikienė, Antoniozzi, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Becsey, Belet, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Casa, Caspary, Castiglione, del Castillo Vera, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Ehler, Esteves, Fajmon, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Laschet, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Lombardo, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Poettering, Posselt, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wuermeling, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

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

UEN: Muscardini

Abstention: 21

ALDE: Klinz, Krahmer

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

NI: Czarnecki Ryszard, Kozlík, Rutowicz

UEN: Musumeci, Tatarella

Verts/ALE: van Buitenen

Resolution

For: 548

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Remek, Stroz, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Sinnott

NI: Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mölzer, Resetarits, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Becsey, Belet, Bonsignore, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Casa, Castiglione, del Castillo Vera, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langendries, Lechner, Lewandowski, Liese, López-Istúriz White, Lulling, Lombardo, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Peterle, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Protasiewicz, Queiró, Rack, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stenzel, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Weber Manfred, Weisgerber, Wieland, Wijkman, Wojciechowski, Wortmann-Kool, Wuermeling, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

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

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Musumeci, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Tatarella, Vaidere

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

Against: 103

ALDE: Ek, Krahmer, Malmström

GUE/NGL: de Brún, McDonald, Sjöstedt, Svensson

IND/DEM: Batten, Bonde, Booth, Chruszcz, Clark, Farage, Giertych, Goudin, Grabowski, Karatzaferis, Knapman, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Titford, Tomczak, de Villiers, Whittaker, Wierzejski, Wise, Wohlin, Železný

NI: Allister, Mote

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Caspary, Cederschiöld, Chichester, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Ferber, Fjellner, Florenz, Gahler, Gál, Goepel, Hannan, Harbour, Heaton-Harris, Helmer, Hieronymi, Hökmark, Hoppenstedt, Ibrisagic, Jackson, Jeggle, Kirkhope, Klamt, Langen, Lauk, Lehne, McMillan-Scott, Nassauer, Nicholson, Niebler, Pack, Parish, Pieper, Posselt, Purvis, Quisthoudt-Rowohl, Radwan, Salafranca Sánchez-Neyra, Schröder, Schwab, Škottová, Sommer, Stevenson, Strejček, Sturdy, Sumberg, Tannock, Ulmer, Van Orden, Villiers, Vlasák, von Wogau, Zahradil, Zvěřina

Verts/ALE: Schlyter

Abstention: 9

ALDE: Klinz, Lambsdorff, Samuelsen

PPE-DE: Jarzembowski, Laschet, Reul, Schnellhardt

PSE: Goebbels

Verts/ALE: van Buitenen

Amendment 53, 2nd part

For: 490

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Henin, Kohlíček, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Morgantini, Musacchio, Remek, Sjöstedt, Stroz, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Chruszcz, Giertych, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, Wierzejski, Wohlin, Železný

NI: Bobošíková, Claeys, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mölzer, Resetarits, Romagnoli, Rutowicz, Schenardi

PPE-DE: Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Belet, Bowis, Bradbourn, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Garriga Polledo, Gauzès, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langen, Langendries, Lauk, Lehne, Lewandowski, López-Istúriz White, Lulling, Lombardo, Maat, McGuinness, McMillan-Scott, Mann Thomas, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Šťastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras Roca, Villiers, Vlasák, Weber Manfred, Weisgerber, von Wogau, Wuermeling, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Assis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, Costa António, Cottigny, D'Alema, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, Santoro, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Siwiec, Skinner, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Fotyga, Janowski, Kamiński, Krasts, Libicki, Musumeci, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

Verts/ALE: Aubert, Auken, Breyer, Buitenweg, Cramer, Evans Jillian, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Kallenbach, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 82

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

IND/DEM: Clark, Knapman, Titford, Whittaker, Wise

NI: Mote

PPE-DE: Coveney

Verts/ALE: Lipietz

Abstention: 7

IND/DEM: Bonde, Louis, de Villiers

NI: Allister, Belohorská, Kozlík

Verts/ALE: van Buitenen

Amendment 32, 2nd part

For: 534

ALDE: Bourlanges, Costa Paolo, De Sarnez, Morillon

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Morgantini, Musacchio, Pafilis, Papadimoulis, Ransdorf, Remek, Sjöstedt, Stroz, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Chruszcz, Giertych, Grabowski, Karatzaferis, Krupa, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, Wierzejski, Železný

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, De Michelis, Martin Hans-Peter, Masiel, Resetarits, Romagnoli

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

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

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Musumeci, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

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

Against: 82

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bonino, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cornillet, Davies, Degutis, Dičkutė, Drčar Murko, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, Huhne, in 't Veld, Jäätteenmäki, Jensen, Kacin, Karim, Klinz, Krahmer, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Pannella, Polfer, Prodi, Ries, Samuelsen, Schuth, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Rizzo

IND/DEM: Clark, Farage, Knapman, Louis, Nattrass, Titford, de Villiers, Whittaker, Wise, Wohlin

NI: Czarnecki Ryszard, Mote, Rutowicz

Verts/ALE: Flautre

Abstention: 17

ALDE: Cocilovo, Deprez, Harkin, Kułakowski, Starkevičiūtė

IND/DEM: Bonde, Goudin, Lundgren

NI: Allister, Gollnisch, Kozlík, Lang, Le Pen Marine, Martinez, Mölzer, Schenardi

Verts/ALE: van Buitenen

Resolution

For: 619

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Morgantini, Musacchio, Pafilis, Papadimoulis, Ransdorf, Remek, Rizzo, Sjöstedt, Stroz, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Bonde, Chruszcz, Giertych, Grabowski, Karatzaferis, Krupa, Louis, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, de Villiers, Wierzejski, Železný

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

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

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

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Musumeci, Ó Neachtain, Pavilionis, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere

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

Against: 20

IND/DEM: Clark, Farage, Goudin, Knapman, Lundgren, Nattrass, Titford, Whittaker, Wise, Wohlin

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Schenardi

Abstention: 3

NI: Allister, Kozlík

Verts/ALE: van Buitenen

Amendment 2, 1st part

For: 600

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, McDonald, Manolakou, Markov, Maštálka, Meijer, Morgantini, Musacchio, Pafilis, Papadimoulis, Ransdorf, Remek, Sjöstedt, Stroz, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Louis, Sinnott, de Villiers

NI: Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Resetarits, Schenardi

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

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

UEN: Angelilli, Berlato, Bielan, Crowley, Foglietta, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Pavilionis, Poli Bortone, Roszkowski, Szymański

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

Against: 27

ALDE: Chiesa

IND/DEM: Batten, Bonde, Booth, Chruszcz, Clark, Farage, Giertych, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Titford, Tomczak, Whittaker, Wierzejski, Wise, Železný

NI: Czarnecki Ryszard, Masiel, Mote, Rutowicz

Abstention: 7

NI: Allister, Kozlík, Romagnoli

PPE-DE: Ulmer

PSE: Paasilinna

UEN: Camre

Verts/ALE: van Buitenen

Amendment 4

For: 544

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bonino, Bourlanges, Budreikaitė, Busk, Carlshamre, Cavada, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa Paolo, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Duff, Duquesne, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Hall, Hennis-Plasschaert, Huhne, in 't Veld, Jäätteenmäki, Jensen, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Malmström, Manders, Matsakis, Mohácsi, Morillon, Mulder, Neyts-Uyttebroeck, Onyszkiewicz, Oviir, Pannella, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Kaufmann, Manolakou, Pafilis, Toussas

IND/DEM: Bonde, Chruszcz, Giertych, Grabowski, Karatzaferis, Krupa, Pęk, Piotrowski, Rogalski, Salvini, Speroni, Tomczak, Wierzejski, Železný

NI: Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Resetarits, Romagnoli, Rutowicz, Schenardi

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

PSE: Andersson, Arif, Assis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bresso, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Costa António, Cottigny, D'Alema, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Lévai, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Masip Hidalgo, Mastenbroek, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Napoletano, Navarro, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, Santoro, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Siwiec, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Xenogiannakopoulou, Yañez-Barnuevo García, Zingaretti

UEN: Foglietta, Krasts, Kristovskis, Libicki, Pavilionis

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

Against: 65

ALDE: Guardans Cambó, Harkin

GUE/NGL: Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Morgantini, Musacchio, Papadimoulis, Ransdorf, Remek, Rizzo, Sjöstedt, Stroz, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Goudin, Louis, Lundgren, Sinnott, de Villiers, Wohlin

NI: Allister

PPE-DE: Coveney, Doyle, Higgins, McGuinness, Mitchell, Purvis

PSE: Christensen, Evans Robert, Gill, Goebbels, Honeyball, Howitt, Jørgensen, McAvan, McCarthy, Martin David, Moraes, Morgan, Myller, Skinner, Stihler, Titley, Whitehead, Wynn

UEN: Camre, Fotyga

Verts/ALE: Schlyter

Abstention: 24

ALDE: Newton Dunn

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

NI: Belohorská, Kozlík, Mote

PPE-DE: Pieper

UEN: Angelilli, Berlato, Bielan, Crowley, Janowski, Kamiński, Muscardini, Poli Bortone, Szymański

Verts/ALE: van Buitenen

Resolution

For: 576

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

GUE/NGL: Adamou, Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Morgantini, Musacchio, Papadimoulis, Ransdorf, Remek, Rizzo, Sjöstedt, Stroz, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Chruszcz, Giertych, Goudin, Grabowski, Karatzaferis, Krupa, Louis, Lundgren, Pęk, Piotrowski, Rogalski, Salvini, Sinnott, Speroni, Tomczak, de Villiers, Wierzejski, Wohlin, Železný

NI: Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Resetarits, Romagnoli, Rutowicz, Schenardi

PPE-DE: Andrikienė, Antoniozzi, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Barsi Pataky, Bauer, Beazley, Becsey, Belet, Bonsignore, Bowis, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Callanan, Casa, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gál, Gaľa, Galeote Quecedo, Gargani, Garriga Polledo, Gauzès, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Harbour, Hatzidakis, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klich, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Kuźmiuk, Lamassoure, Langendries, Lehne, Lewandowski, López-Istúriz White, Lulling, Lombardo, McGuinness, McMillan-Scott, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Pálfi, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pīks, Pinheiro, Piskorski, Pleštinská, Podestà, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Ribeiro e Castro, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schmitt Pál, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Spautz, Šťastný, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Vakalis, Van Orden, Varela Suanzes-Carpegna, Vidal-Quadras Roca, Villiers, Vlasák, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

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

UEN: Angelilli, Berlato, Bielan, Camre, Crowley, Foglietta, Janowski, Kamiński, Krasts, Kristovskis, Libicki, Muscardini, Pavilionis, Poli Bortone, Roszkowski, Szymański

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

Against: 48

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

NI: Allister, Mote

PPE-DE: Ehler, Ferber, Friedrich, Gahler, García-Margallo y Marfil, Hennicot-Schoepges, Jeggle, Klaß, Koch, Konrad, Langen, Lauk, Lechner, Maat, Mann Thomas, Nassauer, Niebler, Pieper, Quisthoudt-Rowohl, Rack, Radwan, Reul, Rübig, Schmitt Ingo, Schnellhardt, Schöpflin, Schwab, Sommer, Sonik, Stenzel, Ulmer, Weber Manfred, Weisgerber, Wuermeling, Záborská

PSE: Santoro

Abstention: 13

ALDE: Prodi

GUE/NGL: Manolakou, Pafilis, Toussas

PPE-DE: Caspary, Hannan, Heaton-Harris, Helmer, Liese, Varvitsiotis

PSE: Goebbels

UEN: Fotyga

Verts/ALE: van Buitenen

---

TEXTS ADOPTED

P6_TA(2005)0036

EC-Egypt Euro-Mediterranean Agreement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (5100/2005 — COM(2004)0428 — C6-0027/2005 — 2004/0131(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (5100/2005 — COM(2004)0428) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (5100/2005 — COM(2004)0428) (1),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 and the second sentence of Article 300(2), first subparagraph of the EC Treaty (C6-0027/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 and the second sentence of Article 300(2), first subparagraph of the EC Treaty (C6-0027/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0041/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0041/2005),

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

1.

Gives its assent to the conclusion of the Protocol;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0037

Community Customs Code ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (12060/2/2004 — C6-0211/2004 — 2003/0167(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (12060/2/2004 — C6-0211/2004), |
| --- | --- |

—

having regard to the Council common position (12060/2/2004 — C6-0211/2004),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0452) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0452) (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 the Internal Market and Consumer Protection (A6-0021/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0021/2005),

| 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, 20.4.2004, P5_TA(2004)0281.

(2)  Not yet published in OJ.

P6_TA(2005)0038

Statistics relating to vocational training in enterprises ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the statistics relating to vocational training in enterprises (COM(2004)0095 — C5-0083/2004 — 2004/0041(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0095) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0095) (1),

| — | having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0083/2004), |
| --- | --- |

—

having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0083/2004),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A6-0033/2005), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A6-0033/2005),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2004)0041

Position of the European Parliament adopted at first reading on 23 February 2005 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2005 on the statistics relating to vocational training in enterprises

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 (1),

Having regard to the opinion of the European Economic and Social Committee (2),

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

Whereas:

| (1) | At the Lisbon European Council in March 2000 the European Union set the strategic goal of becoming the most competitive and dynamic knowledge-based society in the world, capable of sustained economic growth with more and better jobs and greater social cohesion. |
| --- | --- |

(1)

At the Lisbon European Council in March 2000 the European Union set the strategic goal of becoming the most competitive and dynamic knowledge-based society in the world, capable of sustained economic growth with more and better jobs and greater social cohesion.

| (2) | The employability, adaptability and mobility of citizens is vital for Europe to maintain its commitment to becoming the most competitive and dynamic knowledge-based society in the world. |
| --- | --- |

(2)

The employability, adaptability and mobility of citizens is vital for Europe to maintain its commitment to becoming the most competitive and dynamic knowledge-based society in the world.

| (3) | Lifelong learning is a key element in developing and promoting a skilled, trained and adaptable workforce. |
| --- | --- |

(3)

Lifelong learning is a key element in developing and promoting a skilled, trained and adaptable workforce.

| (4) | The Council Conclusions of 5 May 2003 on reference levels of European average performance in education and training (Benchmarks) (4) adopted the following benchmark: ‘by 2010, the European Union average level of participation in Lifelong Learning should be at least 12,5% of the adult working age population (25 to 64 age group)’. |
| --- | --- |

(4)

The Council Conclusions of 5 May 2003 on reference levels of European average performance in education and training (Benchmarks) (4) adopted the following benchmark: ‘by 2010, the European Union average level of participation in Lifelong Learning should be at least 12,5% of the adult working age population (25 to 64 age group)’.

| (5) | The Lisbon European Council confirmed lifelong learning as a basic component of the European social model. |
| --- | --- |

(5)

The Lisbon European Council confirmed lifelong learning as a basic component of the European social model.

| (6) | The new European Employment Strategy confirmed by Council Decision 2003/578/EC of 22 July 2003 on guidelines for the employment policies of the Member States (5) aims to contribute better to the Lisbon strategy and to implement coherent and comprehensive strategies for lifelong learning. |
| --- | --- |

(6)

The new European Employment Strategy confirmed by Council Decision 2003/578/EC of 22 July 2003 on guidelines for the employment policies of the Member States (5) aims to contribute better to the Lisbon strategy and to implement coherent and comprehensive strategies for lifelong learning.

| (7) | When applying this Regulation, account should be taken of the notion of ‘people at a disadvantage in the labour market’ given in the Guidelines for the employment policies of Member States. |
| --- | --- |

(7)

When applying this Regulation, account should be taken of the notion of ‘people at a disadvantage in the labour market’ given in the Guidelines for the employment policies of Member States.

| (8) | Particular attention has to be given to the training at the workplace
  and during working hours, both these aspects being
  crucial
  dimensions
  of lifelong learning. |
| --- | --- |

(8)

Particular attention has to be given to the training at the workplace
  and during working hours, both these aspects being
  crucial
  dimensions
  of lifelong learning.

| (9) | Comparable statistical information at Community level, with specific respect to enterprise training, is essential for the development of lifelong learning strategies and for the monitoring of progress in their implementation. |
| --- | --- |

(9)

Comparable statistical information at Community level, with specific respect to enterprise training, is essential for the development of lifelong learning strategies and for the monitoring of progress in their implementation.

| (10) | 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 (6). |
| --- | --- |

(10)

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 (6).

| (11) | The transmission of data subject to statistical confidentiality is governed by the rules set out in Regulation (EC) No 322/97 and in Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical office of the European Communities (7). |
| --- | --- |

(11)

The transmission of data subject to statistical confidentiality is governed by the rules set out in Regulation (EC) No 322/97 and in Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical office of the European Communities (7).

| (12) | Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (8) established the conditions pursuant to which access to confidential data transmitted to the Community authority may be granted. |
| --- | --- |

(12)

Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (8) established the conditions pursuant to which access to confidential data transmitted to the Community authority may be granted.

| (13) | Since the objective of this Regulation, namely the creation of common statistical standards that permit the production of harmonised data cannot be sufficiently achieved by the Member States and can therefore 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. |
| --- | --- |

(13)

Since the objective of this Regulation, namely the creation of common statistical standards that permit the production of harmonised data cannot be sufficiently achieved by the Member States and can therefore 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.

| (14) | 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 (9).
  These measures should take into account the available capacities within the Member States for data collection and processing. |
| --- | --- |

(14)

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 (9).
  These measures should take into account the available capacities within the Member States for data collection and processing.

| (15) | The Statistical Programme Committee has been consulted in accordance with Article 3 of Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (10), |
| --- | --- |

(15)

The Statistical Programme Committee has been consulted in accordance with Article 3 of Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (10),

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a common framework for the production of Community statistics on vocational training in enterprises.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

| (a) | ‘enterprise’: the enterprise as defined in 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 (11); |
| --- | --- |

(a)

‘enterprise’: the enterprise as defined in 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 (11);

| (b) | ‘NACE Rev. 1’: the general industrial classification of economic activities in the European Community established by Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities of the European
  Community

   (12). |
| --- | --- |

(b)

‘NACE Rev. 1’: the general industrial classification of economic activities in the European Community established by Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities of the European
  Community

   (12).

Article 3

Data to be collected

1.   The data shall be collected by the Member States with a view to producing Community statistics for the analysis of continuing vocational training in enterprises in the following domains:

| (a) | the training policy and training strategies of enterprises in developing the competencies of their workforce; |
| --- | --- |

(a)

the training policy and training strategies of enterprises in developing the competencies of their workforce;

| (b) | the management, organisation and forms of continuing vocational training in enterprises; |
| --- | --- |

(b)

the management, organisation and forms of continuing vocational training in enterprises;

| (c) | the role of social partners in ensuring
  all aspects of
  continuing vocational training in the workplace; |
| --- | --- |

(c)

the role of social partners in ensuring
  all aspects of
  continuing vocational training in the workplace;

| (d) | access to continuing vocational training, its volume and content, especially in context of economic activity and enterprise size; |
| --- | --- |

(d)

access to continuing vocational training, its volume and content, especially in context of economic activity and enterprise size;

| (e) | specific continuing vocational training measures of enterprises to improve the ICT skills of their workforce; |
| --- | --- |

(e)

specific continuing vocational training measures of enterprises to improve the ICT skills of their workforce;

| (f) | opportunities for employees in SMEs to access continuing vocational training and to acquire new skills, and the particular needs of SMEs in the provision of training; |
| --- | --- |

(f)

opportunities for employees in SMEs to access continuing vocational training and to acquire new skills, and the particular needs of SMEs in the provision of training;

| (g) | the effects of public measures on continuing vocational training in enterprises; |
| --- | --- |

(g)

the effects of public measures on continuing vocational training in enterprises;

| (h) | equal opportunities to access continuing vocational training in enterprises for all employees, with specific respect to gender and specific age groups in particular; |
| --- | --- |

(h)

equal opportunities to access continuing vocational training in enterprises for all employees, with specific respect to gender and specific age groups in particular;

| (i) | specific continuing vocational training measures for groups that are disadvantaged on the labour market; |
| --- | --- |

(i)

specific continuing vocational training measures for groups that are disadvantaged on the labour market;

| (j) | vocational training measures geared to different types of employment contract; |
| --- | --- |

(j)

vocational training measures geared to different types of employment contract;

| (k) | expenditure on continuing vocational training: funding levels and funding resources, incentives for continuing vocational training; |
| --- | --- |

(k)

expenditure on continuing vocational training: funding levels and funding resources, incentives for continuing vocational training;

| (l) | evaluation and monitoring procedures of enterprises as regards
  continuing vocational
  training. |
| --- | --- |

(l)

evaluation and monitoring procedures of enterprises as regards
  continuing vocational
  training.

2.   With respect to initial vocational training in enterprises, specific data shall be collected by the Member States on:

| (a) | participants in initial training; |
| --- | --- |

(a)

participants in initial training;

| (b) | total expenditure on initial training. |
| --- | --- |

(b)

total expenditure on initial training.

Article 4

Scope

The statistics on vocational training shall cover at least all economic activities defined in sections C to K and O of the NACE Rev. 1.

Article 5

Statistical units

For the collection of the data, enterprises active in one of the economic activities referred to in Article 4 and employing 10 and more employees shall be used as the statistical units.

Having regard to the specific national size distribution of enterprises and the evolution of policy needs, Member States may extend the definition of the statistical unit in their country. The Commission may also decide to extend this definition in accordance with the procedure referred to in Article 14(2) if such extension would enhance substantially the representativeness and the quality of the result of the survey in the concerned Member States.

Article 6

Data sources

1.   Member States shall acquire the required data using either a survey in enterprises or a combination of a survey in enterprises and other sources, applying the principles of reduced burden on respondents and of administrative simplification.

2
  .   Member States
  shall lay down the modalities
  for enterprises to reply to the
  survey
  .

3.   Through the survey, the enterprises are
  called upon
  to give correct and complete data within the prescribed deadlines.

4.   Other sources, including administrative data, could be used to complete the data to be collected where these sources are appropriate in terms of relevance and timeliness.

Article 7

Survey characteristics

1.   The survey shall be a sample
  survey
  .

2.   Member States shall take the necessary measures to ensure that the data transmitted reflect the structure of the population of the statistical units. The survey shall be conducted in such a way as to permit a breakdown of the results at Community level in at least the following categories:

| (a) | economic activities pursuant to NACE Rev. 1; |
| --- | --- |

(a)

economic activities pursuant to NACE Rev. 1;

| (b) | size of the enterprises. |
| --- | --- |

(b)

size of the enterprises.

3.   Sampling and precision requirements,
  the sample sizes needed to meet these requirements,
  specifications of the NACE and size categories into which the results can be broken down shall be determined in accordance with the procedure referred to in Article 14(2).

Article 8

Survey approach

1.   In order to reduce the burden on respondents the survey approach shall permit the data collection to be customised with respect to:

| (a) | training and non-training enterprises; |
| --- | --- |

(a)

training and non-training enterprises;

| (b) | different forms of training. |
| --- | --- |

(b)

different forms of training.

2.   The specific data to be collected according to training and non-training enterprises and the different forms of training shall be determined in accordance with the procedure referred to in Article 14(2).

Article 9

Quality control and reports

1.   Member States shall take all necessary measures to ensure the quality of the data transmitted.

2.   No later than 21 months after the end of the reference period Member States shall supply the Commission (Eurostat) with a report containing all the information and data that it requests to verify the quality of the data transmitted. They shall specify possible breaches of the methodological requirements.

3.   
  On the basis of the reports referred to in paragraph 2,
  the Commission (Eurostat) shall assess the quality of the data transmitted
  with particular regard to ensuring the comparability of the data between Member States
  .

4.   The quality requirements for the data to be collected and transmitted for Community statistics on vocational training in enterprises, the structure of the quality reports to be presented by the Member States and any measures necessary for assessing or improving the quality of the data shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 10

Reference period and periodicity

1.   The reference period to be covered by the data collection is one calendar year.

2.   The Commission shall determine the first reference year for which the data are to be collected in accordance with the procedure referred to in Article 14(2).

3.   Member States shall collect the data every five years.

Article 11

Transmission of data

1.   Member States and the Commission, within their respective fields of competence, shall promote the conditions for increased use of electronic data collection, electronic data transmission and automatic data processing.

2.   Member States shall transmit to the Commission (Eurostat) the individual data from enterprises in accordance with the existing Community provisions on transmission of data subject to confidentiality set out in Regulation (EC) No 322/97 and in Regulation (Euratom, EEC) No 1588/90. Member States shall ensure that the transmitted data do not permit the direct identification of the statistical units.

3.   Member States shall transmit the data in electronic form, in conformance with the appropriate technical format and the interchange standard to be adopted in accordance with the procedure referred to in Article 14(2).

4.   Member States shall transmit the complete and correct data within 18 months of the end of the reference year.

Article 12

Report on implementation

1.   Within five years of the entry into force of this Regulation and after consultation of the Statistical Programme Committee, the Commission shall transmit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, this report shall:

| (a) | assess the benefits accruing to the Community, the Member States and the users of the statistics produced in relation to the burden on the respondents; |
| --- | --- |

(a)

assess the benefits accruing to the Community, the Member States and the users of the statistics produced in relation to the burden on the respondents;

| (b) | identify areas for potential improvement and amendments considered necessary in the light of the results obtained. |
| --- | --- |

(b)

identify areas for potential improvement and amendments considered necessary in the light of the results obtained.

2.   Following the report on implementation, the Commission may present measures to improve the application of this Regulation.

Article 13

Implementing measures

The measures necessary for the implementation of this Regulation, including measures to take account of economic and technical developments concerning the collection, transmission and processing of the data, shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 14

Committee

1.   The Commission shall be assisted by the Statistical Programme Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 15

Financing

1.   For the first reference year for which the Community statistics provided for in this Regulation are produced, the Commission shall make a financial contribution to the Member States to help cover the costs incurred by them in collecting, processing and transmitting the data.

2.   The amount of the financial contribution shall be fixed as part of the relevant annual budgetary procedure. The budget authority shall determine the appropriation available.

3.   In applying this Regulation, the Commission may have recourse to experts and to technical assistance organisations, the financing of which may be provided for within the overall financial framework for this Regulation. The Commission may organise seminars, colloquia or other meetings of experts as are likely to facilitate the implementation of this Regulation, and undertake appropriate information, publication and dissemination actions.

Article 16

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 ...

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 23 February 2005.

3

Position of the European Parliament of 23 February 2005.

(4)  OJ C 134, 7.6.2003, p. 3.

4

(5)  OJ L 197, 5.8.2003, p. 13
  .

5

p. 13

(6)  OJ L 52, 22.2.1997, p. 1
  . Regulation as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

6

p. 1

Regulation as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)

(7)  OJ L 151, 15.6.1990, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

7

No 1882/2003

(8)  OJ L 133, 18.5.2002, p. 7.

8

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

9

(10)  OJ L 181, 28.6.1989, p. 47.

10

(11)  OJ L 76, 30.3.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

11

Regulation as last amended by Regulation (EC) No 1882/2003

(12)  OJ L 293, 24.10.1990, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

12

Regulation as last amended by Regulation (EC) No 1882/2003

P6_TA(2005)0039

Seafarers' Identity Documents *

European Parliament legislative resolution on the proposal for a Council decision on authorising Member States to ratify in the interests of the Community the Seafarers' Identity Documents Convention of the International Labour Organization (Convention 185) (COM(2004)0530 — C6-0167/2004 — 2004/0180(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0530) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0530) (1),

| — | having regard to Article 62(2)(b)(i) and Article 300(2), first subparagraph, first sentence of the EC Treaty, |
| --- | --- |

—

having regard to Article 62(2)(b)(i) and Article 300(2), first subparagraph, first sentence of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0167/2004), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0167/2004),

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

—

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

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0037/2005), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0037/2005),

| 1. | Approves the proposal for a Council decision; |
| --- | --- |

1.

Approves the proposal for a Council decision;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0040

Pollution from ships ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on ship-source pollution and on the introduction of sanctions for infringements (11964/3/2004 — C6-0157/2004 — 2003/0037(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (11964/3/2004 — C6-0157/2004), |
| --- | --- |

—

having regard to the Council common position (11964/3/2004 — C6-0157/2004),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0092) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0092) (2),

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

—

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

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

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0015/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0015/2005),

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  Texts Adopted, 13.1.2004, P5_TA(2004)0009.

(2)  Not yet published in OJ.

P6_TC2-COD(2003)0037

Position of the European Parliament adopted at second reading on 23 February 2005 with a view to the adoption of European Parliament and Council Directive 2005/.../EC on ship-source pollution and on the introduction of sanctions for infringements

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

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

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

Whereas:

| (1) | The Community's maritime safety policy is aimed at a high level of safety and environmental protection and is based on the understanding that all parties involved in the transport of goods by sea have a responsibility for ensuring that ships used in Community waters comply with applicable rules and standards. |
| --- | --- |

(1)

The Community's maritime safety policy is aimed at a high level of safety and environmental protection and is based on the understanding that all parties involved in the transport of goods by sea have a responsibility for ensuring that ships used in Community waters comply with applicable rules and standards.

| (2) | The material standards in all Member States for discharges of polluting substances from ships are based upon the Marpol 73/78 Convention; however these rules are being ignored on a daily basis by a very large number of ships sailing in Community waters, without corrective action being taken. |
| --- | --- |

(2)

The material standards in all Member States for discharges of polluting substances from ships are based upon the Marpol 73/78 Convention; however these rules are being ignored on a daily basis by a very large number of ships sailing in Community waters, without corrective action being taken.

| (3) | The implementation of Marpol 73/78 shows discrepancies among Member States and there is thus a need to harmonise its implementation at Community level; in particular the practices of Member States relating to the imposition of sanctions for discharges of polluting substances from ships differ significantly. |
| --- | --- |

(3)

The implementation of Marpol 73/78 shows discrepancies among Member States and there is thus a need to harmonise its implementation at Community level; in particular the practices of Member States relating to the imposition of sanctions for discharges of polluting substances from ships differ significantly.

| (4) | Measures of a dissuasive nature form an integral part of the Community's maritime safety policy, as they ensure a link between the responsibility of each of the parties involved in the transport of polluting goods by sea and their exposure to sanctions; in order to achieve effective protection of the environment there is therefore a need for effective, dissuasive and proportionate sanctions. |
| --- | --- |

(4)

Measures of a dissuasive nature form an integral part of the Community's maritime safety policy, as they ensure a link between the responsibility of each of the parties involved in the transport of polluting goods by sea and their exposure to sanctions; in order to achieve effective protection of the environment there is therefore a need for effective, dissuasive and proportionate sanctions.

| (5) | To that end it is essential to approximate
  , by way of the proper legal instruments,
  existing legal provisions, in
  particular on
  the precise definition of the infringement in question, the cases of
  exemption and minimum
  rules for penalties, and on liability and
  jurisdiction. |
| --- | --- |

(5)

To that end it is essential to approximate
  , by way of the proper legal instruments,
  existing legal provisions, in
  particular on
  the precise definition of the infringement in question, the cases of
  exemption and minimum
  rules for penalties, and on liability and
  jurisdiction.

| (6) | This Directive is supplemented by detailed rules on criminal offences and sanctions as well as other provisions set out in Council Framework Decision 2005/.../JHA of ... [to strengthen the criminal law framework for the enforcement of the law against ship-source pollution]. |
| --- | --- |

(6)

This Directive is supplemented by detailed rules on criminal offences and sanctions as well as other provisions set out in Council Framework Decision 2005/.../JHA of ... [to strengthen the criminal law framework for the enforcement of the law against ship-source pollution].

| (7) | Neither the international regime for the civil liability and compensation of oil pollution nor that relating to pollution by other hazardous or noxious substances provides sufficient dissuasive effects to discourage the parties involved in the transport of hazardous cargoes by sea from engaging in substandard practices; the required dissuasive effects can only be achieved through the introduction of sanctions applying to any person who causes or contributes to marine pollution; sanctions should be applicable not only to the shipowner or the master of the ship, but also the owner of the cargo, the classification society or any other person involved. |
| --- | --- |

(7)

Neither the international regime for the civil liability and compensation of oil pollution nor that relating to pollution by other hazardous or noxious substances provides sufficient dissuasive effects to discourage the parties involved in the transport of hazardous cargoes by sea from engaging in substandard practices; the required dissuasive effects can only be achieved through the introduction of sanctions applying to any person who causes or contributes to marine pollution; sanctions should be applicable not only to the shipowner or the master of the ship, but also the owner of the cargo, the classification society or any other person involved.

| (8) | Ship-source discharges of polluting substances should be regarded as infringements if committed with intent, recklessly or by serious negligence.
  These infringements are regarded as criminal offences by, and in the circumstances provided for in, Framework Decision 2005/.../JHA supplementing this Directive. |
| --- | --- |

(8)

Ship-source discharges of polluting substances should be regarded as infringements if committed with intent, recklessly or by serious negligence.
  These infringements are regarded as criminal offences by, and in the circumstances provided for in, Framework Decision 2005/.../JHA supplementing this Directive.

| (9) | Sanctions for discharges of polluting substances from ships are not related to the civil liability of the parties concerned and are thus not subject to any rules relating to the limitation or channelling of civil liabilities, nor do they limit the efficient compensation of victims of pollution incidents. |
| --- | --- |

(9)

Sanctions for discharges of polluting substances from ships are not related to the civil liability of the parties concerned and are thus not subject to any rules relating to the limitation or channelling of civil liabilities, nor do they limit the efficient compensation of victims of pollution incidents.

| (10) | There is a need for further effective cooperation among Member States to ensure that discharges of polluting substances from ships are detected in time and that the offenders are identified.
  For this reason, the European Maritime Safety Agency has a key role to play in working with the Member States in developing technical solutions and providing technical assistance relating to the implementation of this Directive and in assisting the Commission in the performance of any task assigned to it for the effective implementation of this Directive. |
| --- | --- |

(10)

There is a need for further effective cooperation among Member States to ensure that discharges of polluting substances from ships are detected in time and that the offenders are identified.
  For this reason, the European Maritime Safety Agency has a key role to play in working with the Member States in developing technical solutions and providing technical assistance relating to the implementation of this Directive and in assisting the Commission in the performance of any task assigned to it for the effective implementation of this Directive.

| (11) | In order better to prevent and combat marine pollution, synergies should be created between enforcement authorities such as national coastguard services. In this context, the Commission should undertake a feasibility study on a European coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should, if appropriate, be followed by a proposal on a European coastguard. |
| --- | --- |

(11)

In order better to prevent and combat marine pollution, synergies should be created between enforcement authorities such as national coastguard services. In this context, the Commission should undertake a feasibility study on a European coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should, if appropriate, be followed by a proposal on a European coastguard.

| (12) | Where there is clear, objective evidence of a discharge causing major damage or a threat of major damage, Member States should submit the matter to their competent authorities with a view to instituting proceedings consistent with Article 220 of the 1982 United Nations Convention on the Law of the Sea. |
| --- | --- |

(12)

Where there is clear, objective evidence of a discharge causing major damage or a threat of major damage, Member States should submit the matter to their competent authorities with a view to instituting proceedings consistent with Article 220 of the 1982 United Nations Convention on the Law of the Sea.

| (13) | The enforcement of Directive 2000/59/EC (4) is, together with this Directive, a key instrument in the set of measures to prevent ship-source pollution. |
| --- | --- |

(13)

The enforcement of Directive 2000/59/EC (4) is, together with this Directive, a key instrument in the set of measures to prevent ship-source pollution.

| (14) | This Directive is in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty. The incorporation of the international ship-source pollution standards into Community law and the establishment of sanctions, including both criminal or administrative sanctions, for violations of them is a necessary measure to achieve a high level of safety and environmental protection in maritime transport. This can be effectively achieved by the Community only by means of harmonised rules. The Directive confines itself to the minimum required in order to achieve this objective and does not go beyond what is necessary for that purpose. It does not prevent Member States from taking more stringent measures against ship-source pollution in conformity with international law. |
| --- | --- |

(14)

This Directive is in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty. The incorporation of the international ship-source pollution standards into Community law and the establishment of sanctions, including both criminal or administrative sanctions, for violations of them is a necessary measure to achieve a high level of safety and environmental protection in maritime transport. This can be effectively achieved by the Community only by means of harmonised rules. The Directive confines itself to the minimum required in order to achieve this objective and does not go beyond what is necessary for that purpose. It does not prevent Member States from taking more stringent measures against ship-source pollution in conformity with international law.

| (15) | This Directive fully respects the Charter of fundamental rights of the European Union
  ; any person suspected of having committed an infringement must be guaranteed a fair and impartial hearing and the sanctions must be proportional, |
| --- | --- |

(15)

This Directive fully respects the Charter of fundamental rights of the European Union
  ; any person suspected of having committed an infringement must be guaranteed a fair and impartial hearing and the sanctions must be proportional,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

1.   The purpose of this Directive is to
  incorporate international standards for ship-source pollution into Community law and to
  ensure that persons responsible for
  discharges
  are subject to
  adequate
  sanctions
  as referred to in Article 8
  , in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

2.   This Directive does not prevent Member States from taking more stringent measures against shipsource pollution in conformity with international law.

Article 2

Definitions

For the purpose of this Directive:

| 1. | ‘Marpol 73/78’ shall mean the International Convention for the Prevention of Pollution from Ships, 1973 and its 1978 Protocol, as amended from time to time. |
| --- | --- |

1.

‘Marpol 73/78’ shall mean the International Convention for the Prevention of Pollution from Ships, 1973 and its 1978 Protocol, as amended from time to time.

| 2. | ‘Polluting substances’ shall mean substances covered by Annexes I (oil) and II (noxious liquid substances in bulk) to Marpol 73/78. |
| --- | --- |

2.

‘Polluting substances’ shall mean substances covered by Annexes I (oil) and II (noxious liquid substances in bulk) to Marpol 73/78.

| 3. | ‘Discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78. |
| --- | --- |

3.

‘Discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78.

| 4. | ‘Ship’ shall mean a seagoing vessel, irrespective of its flag, of any type whatsoever operating in the marine environment and shall include hydrofoil boats, air-cushion vehicles, submersibles and floating craft. |
| --- | --- |

4.

‘Ship’ shall mean a seagoing vessel, irrespective of its flag, of any type whatsoever operating in the marine environment and shall include hydrofoil boats, air-cushion vehicles, submersibles and floating craft.

Article 3

Scope

1.   This Directive shall apply, in accordance with international law, to discharges of polluting substances in:

| (a) | the internal waters, including ports, of a Member State, insofar as the Marpol regime is applicable; |
| --- | --- |

(a)

the internal waters, including ports, of a Member State, insofar as the Marpol regime is applicable;

| (b) | the territorial sea of a Member State; |
| --- | --- |

(b)

the territorial sea of a Member State;

| (c) | straits used for international navigation subject to the regime of transit passage, as laid down in Part III, section 2, of the 1982 United Nations Convention on the Law of the Sea, to the extent that a Member State exercises jurisdiction over such straits; |
| --- | --- |

(c)

straits used for international navigation subject to the regime of transit passage, as laid down in Part III, section 2, of the 1982 United Nations Convention on the Law of the Sea, to the extent that a Member State exercises jurisdiction over such straits;

| (d) | the exclusive economic zone or equivalent zone of a Member State, established in accordance with international law; and |
| --- | --- |

(d)

the exclusive economic zone or equivalent zone of a Member State, established in accordance with international law; and

| (e) | the high seas. |
| --- | --- |

(e)

the high seas.

2.   This Directive shall apply to discharges of polluting substances from any ship, irrespective of its flag, with the exception of any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

Article 4

Infringements

Member States shall ensure that ship-source discharges of polluting substances into any of the areas referred to in Article 3(1) are regarded as infringements if committed with intent, recklessly or by serious negligence.
  These infringements are regarded as criminal offences by, and in the circumstances provided for in, Framework Decision 2005/.../JHA supplementing this Directive.

Article 5

Exceptions

1.   A discharge of polluting substances into any of the areas referred to in Article 3(1) shall not be regarded as an infringement if it satisfies the conditions set out in Annex I,
  Regulations 9, 10,
  11(a) or 11(c) or in Annex II,
  Regulations 5,
  6(a) or 6(c) of Marpol 73/78.

2.   A discharge of polluting substances into the areas referred to in Article 3(1)(c), (d) and (e) shall not be regarded as an infringement for the owner, the master or the crew when acting under the master's responsibility if it satisfies the conditions set out in Annex I, Regulation 11(b) or in Annex II, Regulation 6(b) of
  Marpol 73/78.

Article 6

Enforcement measures with respect to ships within a port of a Member State

1.   If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in Article 3(1), that Member State shall ensure that an appropriate inspection, taking into account the relevant guidelines adopted by the International Maritime Organisation (IMO), is undertaken in accordance with its national law.

2.   Insofar as the inspection referred to in paragraph 1 reveals facts that could indicate an infringement within the meaning of Article 4, the competent authorities of that Member State and of the flag State shall be informed.

Article 7

Enforcement measures by coastal States with respect to ships in transit

1.   If the suspected discharge of polluting substances takes place in the areas referred to in Article 3(1)(b), (c), (d) or (e) and the ship which is suspected of the discharge does not call at a port of the Member State holding the information relating to the suspected discharge, the following shall apply:

| (a) | If the next port of call of the ship is another Member State, the Member States concerned shall cooperate closely in the inspection referred to in Article 6(1) and in deciding on the
  appropriate measures
  in respect of any such discharge; |
| --- | --- |

(a)

If the next port of call of the ship is another Member State, the Member States concerned shall cooperate closely in the inspection referred to in Article 6(1) and in deciding on the
  appropriate measures
  in respect of any such discharge;

| (b) | If the next port of call of the ship is a port of a State outside the Community, the Member State shall take the necessary measures to ensure that the next port of call of the ship is informed about the suspected discharge and shall request the State of the next port of call to take the appropriate measures in respect of any such discharge. |
| --- | --- |

(b)

If the next port of call of the ship is a port of a State outside the Community, the Member State shall take the necessary measures to ensure that the next port of call of the ship is informed about the suspected discharge and shall request the State of the next port of call to take the appropriate measures in respect of any such discharge.

2.   Where there is clear, objective evidence that a ship navigating in the areas referred to in Article 3(1)(b) or (d) has, in the area referred to in Article 3(1)(d), committed an infringement resulting in a discharge causing major damage or a threat of major damage to the coastline or related interests of the Member State concerned, or to any resources of the areas referred to in Article 3(1)(b) or (d), that State shall, subject to Part XII, Section 7 of the 1982 United Nations Convention on the Law of the Sea and provided that the evidence so warrants, submit the matter to its competent authorities with a view to instituting proceedings, including detention of the ship, in accordance with its national law.

3.   In any event, the authorities of the flag State shall be informed.

Article 8

Sanctions

1.   Member States shall take the necessary measures to ensure that infringements within the meaning of Article 4 are subject to effective, proportionate and dissuasive sanctions, which may include criminal or administrative sanctions.

2.   Each Member State shall take the measures necessary to ensure that the sanctions referred to in paragraph 1 apply to any person who is found responsible for an infringement within the meaning of Article 4.

Article 9

Compliance with international law

Member States shall apply the provisions of this Directive without any discrimination in form or in fact against foreign ships and in accordance with applicable international law, including Section 7 of Part XII of the 1982 United Nations Convention on the Law of the Sea, and they shall promptly notify the flag State of the vessel and any other State concerned of measures taken in accordance with this Directive.

Article 10

Accompanying measures

1.
     For the purposes of this Directive, Member States and the Commission shall cooperate, where appropriate, in close collaboration with the European Maritime Safety Agency and
  taking account
  of the action programme to respond to accidental or deliberate marine pollution set up by Decision No 2850/2000/EC (5)

  and, if appropriate, of the implementation of Directive 2000/59/EC
  in order to:

| (a) | develop the necessary information systems required for the effective implementation of this Directive; |
| --- | --- |

(a)

develop the necessary information systems required for the effective implementation of this Directive;

| (b) | establish common practices and guidelines on the basis of those existing at international level, in particular for:






  — | the monitoring and early identification of ships discharging polluting substances in violation of this Directive, including, where appropriate, on-board monitoring equipment; |
| --- | --- | --- |

(b)

establish common practices and guidelines on the basis of those existing at international level, in particular for:

—

the monitoring and early identification of ships discharging polluting substances in violation of this Directive, including, where appropriate, on-board monitoring equipment;

| — | reliable methods of tracing polluting substances in the sea to a particular ship; and |
| --- | --- |

—

reliable methods of tracing polluting substances in the sea to a particular ship; and

| — | the effective enforcement of this Directive. |
| --- | --- |

—

the effective enforcement of this Directive.

2.
     
  In accordance with its tasks as defined in Regulation (EC) No 1406/2002 (6), the European Maritime Safety Agency shall:

| (a) | work with the Member States in developing technical solutions and providing technical assistance in relation to the implementation of this Directive, in actions such as tracing discharges by satellite monitoring and surveillance; |
| --- | --- |

(a)

work with the Member States in developing technical solutions and providing technical assistance in relation to the implementation of this Directive, in actions such as tracing discharges by satellite monitoring and surveillance;

| (b) | assist the Commission in the implementation of this Directive, including, if appropriate, by means of visits to the Member States, in accordance with Article 3 of Regulation (EC) No 1406/2002. |
| --- | --- |

(b)

assist the Commission in the implementation of this Directive, including, if appropriate, by means of visits to the Member States, in accordance with Article 3 of Regulation (EC) No 1406/2002.

Article 11

Feasibility Study

In order to better prevent and combat marine pollution, synergies should be established between enforcement authorities such as national coastguard services. In this context, the Commission shall, before the end of 2006, submit to the European Parliament and the Council a feasibility study on a European coastguard dedicated to pollution prevention and response, making clear the costs and benefits.

Article 12

Reporting

Every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent authorities. On the basis of these reports, the Commission shall submit a Community report to the European Parliament and the Council.
  In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive. It shall also describe the evolution of relevant case-law in the Member States and shall consider the possibility of creating a public database containing such relevant case-law.

Article 13

Committee

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 (7).

2.   The Commission shall regularly inform the Committee set up by Decision No 2850/2000/EC of any proposed measures or other relevant activities concerning the response to marine pollution.

Article 14

Amendment procedure

Amendments to Marpol 73/78 as referred to in Article 2, point 1 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002.

Article 15

Implementation

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than ... (8) and forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 16

Entry into force

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

Article 17

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 220, 16.9.2003, p. 72.

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 13 January 2004(OJ C 92 E, 21.4.2004, p. 77), Council Common Position of 7 October 2004 (OJ C 25 E, 1.2.2005, p. 29), Position of the European Parliament of 23 February 2005.

3

Position

(OJ C 92 E, 21.4.2004, p. 77), Council Common Position of 7 October 2004 (OJ C 25 E, 1.2.2005, p. 29), Position of the European Parliament of 23 February 2005

(4)  Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332, 28.12.2000, p. 81). Directive as amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).

4

(5)  Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (OJ L 332, 28.12.2000, p. 1). Decision amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

5

(6)  Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).

6

(7)  OJ L 324, 29.11.2002, p. 1. Regulation amended by Commission Regulation (EC) No 415/2004 (OJ L 68 of 6.3.2004, p. 10).

7

(8)  18 months after the entry into force of this Directive.

8

after the

of this Directive.

ANNEX

Summary, for reference purposes, of the Marpol 73/78 discharge regulations relating to discharges of oil and noxious liquid substances, as referred to in Article 2.2

Part I: Oil (Marpol 73/78, Annex I)

For the purposes of Marpol 73/78 Annex I, ‘oil’ means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Marpol 73/78 Annex II) and ‘oily mixture’ means a mixture with any oil content.

Excerpts of the relevant provisions of Marpol 73/78 Annex I:

Regulation 9: Control of discharge of oil

| (1) | Subject to the provisions of regulations 10 and 11 of this Annex and paragraph (2) of this regulation, any discharge into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the following conditions are satisfied:






  (a) | for an oil tanker, except as provided for in subparagraph (b) of this paragraph:






  (i) | the tanker is not within a special area; |
| --- | --- | --- | --- |

(1)

Subject to the provisions of regulations 10 and 11 of this Annex and paragraph (2) of this regulation, any discharge into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the following conditions are satisfied:

(a)

for an oil tanker, except as provided for in subparagraph (b) of this paragraph:

(i)

the tanker is not within a special area;

| (ii) | the tanker is more than 50 nautical miles from the nearest land; |
| --- | --- |

(ii)

the tanker is more than 50 nautical miles from the nearest land;

| (iii) | the tanker is proceeding en route; |
| --- | --- |

(iii)

the tanker is proceeding en route;

| (iv) | the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile; |
| --- | --- |

(iv)

the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

| (v) | the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15 000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30 000 of the total quantity of the particular cargo of which the residue formed a part; and |
| --- | --- |

(v)

the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15 000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30 000 of the total quantity of the particular cargo of which the residue formed a part; and

| (vi) | the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15 of this Annex. |
| --- | --- |

(vi)

the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15 of this Annex.

| (b) | from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:






  (i) | the ship is not within a special area; |
| --- | --- | --- |

(b)

from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:

(i)

the ship is not within a special area;

| (ii) | the ship is proceeding en route; |
| --- | --- |

(ii)

the ship is proceeding en route;

| (iii) | the oil content of the effluent without dilution does not exceed 15 parts per million; and |
| --- | --- |

(iii)

the oil content of the effluent without dilution does not exceed 15 parts per million; and

| (iv) | the ship has in operation [monitoring, control and filtering equipment] as required by regulation 16 of this Annex. |
| --- | --- |

(iv)

the ship has in operation [monitoring, control and filtering equipment] as required by regulation 16 of this Annex.

| (2) | In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the [flag State] Administration shall ensure that it is equipped as far as practicable and reasonable with installations to ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance with the requirements of paragraph (1)(b) of this regulation.
  [...] |
| --- | --- |

(2)

In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the [flag State] Administration shall ensure that it is equipped as far as practicable and reasonable with installations to ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance with the requirements of paragraph (1)(b) of this regulation.

[...]

| (3) | The provisions of paragraph (1) of this regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues. |
| --- | --- |

(3)

The provisions of paragraph (1) of this regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues.

| (4) | No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation. |
| --- | --- |

(4)

No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.

| (5) | The oil residues which cannot be discharged into the sea in compliance with paragraphs (1), (2) and (4) of this regulation shall be retained on board or discharged to reception facilities.
  [...] |
| --- | --- |

(5)

The oil residues which cannot be discharged into the sea in compliance with paragraphs (1), (2) and (4) of this regulation shall be retained on board or discharged to reception facilities.

[...]

Regulation 10: Methods for the prevention of oil pollution from ships while operating in special areas

| (1) | For the purpose of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the ‘Gulfs area’, the Gulf of Aden area, the Antarctic area and the North-West European waters, [as further defined and specified] |
| --- | --- |

(1)

For the purpose of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the ‘Gulfs area’, the Gulf of Aden area, the Antarctic area and the North-West European waters, [as further defined and specified]

| (2) | Subject to the provisions of regulation 11 of this Annex:






  (a) | Any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited while in a special area. [...] |
| --- | --- | --- |

(2)

Subject to the provisions of regulation 11 of this Annex:

(a)

Any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited while in a special area. [...]

| (b) | [...] Any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million. |
| --- | --- |

(b)

[...] Any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million.

| (3) | (a) | The provisions of paragraph (2) of this regulation shall not apply to the discharge of clean or segregated ballast. |
| --- | --- | --- |

(3)

(a)

The provisions of paragraph (2) of this regulation shall not apply to the discharge of clean or segregated ballast.

| (b) | The provisions of subparagraph (2)(a) of this regulation shall not apply to the discharge of processed bilge water from machinery spaces, provided that all of the following conditions are satisfied:






  (i) | the bilge water does not originate from cargo pump-room bilges; |
| --- | --- | --- |

(b)

The provisions of subparagraph (2)(a) of this regulation shall not apply to the discharge of processed bilge water from machinery spaces, provided that all of the following conditions are satisfied:

(i)

the bilge water does not originate from cargo pump-room bilges;

| (ii) | the bilge water is not mixed with oil cargo residues; |
| --- | --- |

(ii)

the bilge water is not mixed with oil cargo residues;

| (iii) | the ship is proceeding en route; |
| --- | --- |

(iii)

the ship is proceeding en route;

| (iv) | the oil content of the effluent without dilution does not exceed 15 parts per million; |
| --- | --- |

(iv)

the oil content of the effluent without dilution does not exceed 15 parts per million;

| (v) | the ship has in operation oil filtering equipment complying with regulation 16(5) of this Annex; and |
| --- | --- |

(v)

the ship has in operation oil filtering equipment complying with regulation 16(5) of this Annex; and

| (vi) | the filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped when the oil content of the effluent exceeds 15 parts per million. |
| --- | --- |

(vi)

the filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped when the oil content of the effluent exceeds 15 parts per million.

| (4) | (a) | No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation. |
| --- | --- | --- |

(4)

(a)

No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.

| (b) | The oil residues which cannot be discharged into the sea in compliance with paragraph (2) or (3) of this regulation shall be retained on board or discharged to reception facilities. |
| --- | --- |

(b)

The oil residues which cannot be discharged into the sea in compliance with paragraph (2) or (3) of this regulation shall be retained on board or discharged to reception facilities.

| (5) | Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with regulation 9 of this Annex.
  [...] |
| --- | --- |

(5)

Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with regulation 9 of this Annex.

[...]

Regulation 11: Exceptions

Regulations 9 and 10 of this Annex shall not apply to:

| (a) | the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or |
| --- | --- |

(a)

the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or

| (b) | the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:






  (i) | provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; and |
| --- | --- | --- |

(b)

the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

(i)

provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; and

| (ii) | except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or |
| --- | --- |

(ii)

except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or

| (c) | the discharge into the sea of substances containing oil, approved by the [flag State] Administration, when being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. |
| --- | --- |

(c)

the discharge into the sea of substances containing oil, approved by the [flag State] Administration, when being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

Part II: Noxious liquid substances (Marpol 73/78 Annex II)

Excerpts of the relevant provisions of Marpol 73/78 Annex II:

Regulation 3: Categorisation and listing of noxious liquid substances

| (1) | For the purpose of the regulations of this Annex, noxious liquid substances shall be divided into four categories as follows:






  (a) | Category A: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a major hazard to either marine resources or human health or cause serious harm to amenities or other legitimate uses of the sea and therefore justify the application of stringent anti-pollution measures. |
| --- | --- | --- |

(1)

For the purpose of the regulations of this Annex, noxious liquid substances shall be divided into four categories as follows:

(a)

Category A: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a major hazard to either marine resources or human health or cause serious harm to amenities or other legitimate uses of the sea and therefore justify the application of stringent anti-pollution measures.

| (b) | Category B: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify the application of special anti-pollution measures. |
| --- | --- |

(b)

Category B: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify the application of special anti-pollution measures.

| (c) | Category C: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a minor hazard to either marine resources or human health or cause minor harm to amenities or other legitimate uses of the sea and therefore require special operational conditions. |
| --- | --- |

(c)

Category C: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a minor hazard to either marine resources or human health or cause minor harm to amenities or other legitimate uses of the sea and therefore require special operational conditions.

| (d) | Category D: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a recognisable hazard to either marine resources or human health or cause minimal harm to amenities or other legitimate uses of the sea and therefore require some attention in operational conditions. |
| --- | --- |

(d)

Category D: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a recognisable hazard to either marine resources or human health or cause minimal harm to amenities or other legitimate uses of the sea and therefore require some attention in operational conditions.

[...]

[Further guidelines on the categorisation of substances, including a list of categorised substances are given in regulations 3(2)(4) and 4 and the appendices of Marpol 73/78 Annex II.]

[...]

Regulation 5: Discharge of noxious liquid substances

Category A, B and C substances outside special areas and Category D substances in all areas

Subject to the provisions of [...] regulation 6 of this Annex:

| (1) | The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) of this Annex or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility is at or below 0,1% by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0,01% by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(1)

The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) of this Annex or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility is at or below 0,1% by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0,01% by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(b)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (c) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of not less than 25 m. |
| --- | --- |

(c)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of not less than 25 m.

| (2) | The discharge into the sea of substances in Category B as defined in regulation 3(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(2)

The discharge into the sea of substances in Category B as defined in regulation 3(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million; |
| --- | --- |

(b)

the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;

| (c) | the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph, which shall in no case exceed the greater of 1 m3 or 1/3 000 of the tank capacity in m3; |
| --- | --- |

(c)

the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph, which shall in no case exceed the greater of 1 m3 or 1/3 000 of the tank capacity in m3;

| (d) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(d)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (e) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. |
| --- | --- |

(e)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

| (3) | The discharge into the sea of substances in Category C as defined in regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(3)

The discharge into the sea of substances in Category C as defined in regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 10 parts per million; |
| --- | --- |

(b)

the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 10 parts per million;

| (c) | the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph, which shall in no case exceed the greater of 3 m3 or 1/1 000 of the tank capacity in m3; |
| --- | --- |

(c)

the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph, which shall in no case exceed the greater of 3 m3 or 1/1 000 of the tank capacity in m3;

| (d) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(d)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (e) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. |
| --- | --- |

(e)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

| (4) | The discharge into the sea of substances in Category D as defined in regulation 3(1)(d) of this Annex, or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(4)

The discharge into the sea of substances in Category D as defined in regulation 3(1)(d) of this Annex, or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | such mixtures are of a concentration not greater than one part of the substance in ten parts of water; and |
| --- | --- |

(b)

such mixtures are of a concentration not greater than one part of the substance in ten parts of water; and

| (c) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land. |
| --- | --- |

(c)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land.

| (5) | Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (1), (2), (3) or (4) of this regulation. |
| --- | --- |

(5)

Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (1), (2), (3) or (4) of this regulation.

| (6) | The discharge into the sea of substances which have not been categorised, provisionally assessed, or evaluated as referred to in regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited.
  Category A, B and C substances within special areas [as defined in Marpol 73/78 Annex II, Regulation 1, including the Baltic Sea]
  Subject to the provisions of paragraph (14) of this regulation and regulation 6 of this Annex, |
| --- | --- |

(6)

The discharge into the sea of substances which have not been categorised, provisionally assessed, or evaluated as referred to in regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited.

Category A, B and C substances within special areas [as defined in Marpol 73/78 Annex II, Regulation 1, including the Baltic Sea]

Subject to the provisions of paragraph (14) of this regulation and regulation 6 of this Annex,

| (7) | The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with regulation 7 of this Annex, until the concentration of the substance in the effluent to such facility is at or below 0,05% by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0,005 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(7)

The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with regulation 7 of this Annex, until the concentration of the substance in the effluent to such facility is at or below 0,05% by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0,005 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(b)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (c) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. |
| --- | --- |

(c)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

| (8) | The discharge into the sea of substances in Category B as defined in regulation (3)(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






  (a) | the tank has been prewashed in accordance with the procedure approved by the [flag State] Administration and based on standards developed by the [IMO] and the resulting tank washings have been discharged to a reception facility; |
| --- | --- | --- |

(8)

The discharge into the sea of substances in Category B as defined in regulation (3)(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:

(a)

the tank has been prewashed in accordance with the procedure approved by the [flag State] Administration and based on standards developed by the [IMO] and the resulting tank washings have been discharged to a reception facility;

| (b) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- |

(b)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (c) | the procedures and arrangements for discharge and washings are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million; |
| --- | --- |

(c)

the procedures and arrangements for discharge and washings are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;

| (d) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(d)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (e) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. |
| --- | --- |

(e)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

| (9) | The discharge into the sea of substances in Category C as defined in regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






  (a) | the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; |
| --- | --- | --- |

(9)

The discharge into the sea of substances in Category C as defined in regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:

(a)

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

| (b) | the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million; |
| --- | --- |

(b)

the procedures and arrangements for discharge are approved by the [flag State] Administration. Such procedures and arrangements shall be based upon standards developed by the [IMO] and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;

| (c) | the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph which shall in no case exceed the greater of 1 m3 or 1/3 000 of the tank capacity in m3; |
| --- | --- |

(c)

the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph which shall in no case exceed the greater of 1 m3 or 1/3 000 of the tank capacity in m3;

| (d) | the discharge is made below the waterline, taking into account the location of the seawater intakes; and |
| --- | --- |

(d)

the discharge is made below the waterline, taking into account the location of the seawater intakes; and

| (e) | the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m. |
| --- | --- |

(e)

the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

| (10) | Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (7), (8) or (9) of this regulation. |
| --- | --- |

(10)

Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (7), (8) or (9) of this regulation.

| (11) | The discharge into the sea of substances which have not been categorised, provisionally assessed or evaluated as referred to in regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. |
| --- | --- |

(11)

The discharge into the sea of substances which have not been categorised, provisionally assessed or evaluated as referred to in regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited.

| (12) | Nothing in this regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo and discharging such residues into the sea outside a special area in accordance with paragraph (2) or (3) of this regulation, respectively. |
| --- | --- |

(12)

Nothing in this regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo and discharging such residues into the sea outside a special area in accordance with paragraph (2) or (3) of this regulation, respectively.

Regulation 6: Exceptions

Regulation 5 of this Annex shall not apply to:

| (a) | the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saving life at sea; or |
| --- | --- |

(a)

the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saving life at sea; or

| (b) | the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment:






  (i) | provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; and |
| --- | --- | --- |

(b)

the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment:

(i)

provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; and

| (ii) | except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or |
| --- | --- |

(ii)

except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or

| (c) | the discharge into the sea of noxious liquid substances or mixtures containing such substances, approved by the [flag State] Administration, when being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. |
| --- | --- |

(c)

the discharge into the sea of noxious liquid substances or mixtures containing such substances, approved by the [flag State] Administration, when being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

P6_TA(2005)0041

Driving licences ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on driving licences (COM(2003)0621 — C5-0610/2003 — 2003/0252 (COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 0621) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 0621) (1),

| — | having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0610/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0610/2003),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0016/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0016/2005),

| 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(2003)0252

Position of the European Parliament adopted at first reading on 23 February 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council on driving licences

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71,

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) | Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been substantially amended several times. When introducing new amendments, it is appropriate to recast the Directive for the sake of clarity. |
| --- | --- |

(1)

Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been substantially amended several times. When introducing new amendments, it is appropriate to recast the Directive for the sake of clarity.

| (2) | Despite the progress achieved with harmonising the rules on driving licences, there are still fundamental differences between the laws of the Member States, which need to be harmonised more fully, in order to contribute to the implementation of Community policies. The rules on driving licences are essential factors in the implementation of the common transport policy and with a view to improving road safety, and facilitating the movement of persons taking up residence in a Member State other than the one in which the licence was issued. Given the importance of private transport, the fact of holding a driving licence duly recognised by a host Member State will promote free movement and freedom of establishment of citizens. |
| --- | --- |

(2)

Despite the progress achieved with harmonising the rules on driving licences, there are still fundamental differences between the laws of the Member States, which need to be harmonised more fully, in order to contribute to the implementation of Community policies. The rules on driving licences are essential factors in the implementation of the common transport policy and with a view to improving road safety, and facilitating the movement of persons taking up residence in a Member State other than the one in which the licence was issued. Given the importance of private transport, the fact of holding a driving licence duly recognised by a host Member State will promote free movement and freedom of establishment of citizens.

| (3) | The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over
  110
  different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several
  decades. |
| --- | --- |

(3)

The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over
  110
  different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several
  decades.

| (4) | In all Member States the old driving licences should be exchanged to prevent the single European model from becoming an additional European model. A time limit of 10 years should be provided for exchanging the old paper model driving licences, and of 20 years for those in plastic card form. |
| --- | --- |

(4)

In all Member States the old driving licences should be exchanged to prevent the single European model from becoming an additional European model. A time limit of 10 years should be provided for exchanging the old paper model driving licences, and of 20 years for those in plastic card form.

| (5) | Existing rights relating to entitlement to drive different classes of vehicle should not be restricted by this exchange of existing driving licences. |
| --- | --- |

(5)

Existing rights relating to entitlement to drive different classes of vehicle should not be restricted by this exchange of existing driving licences.

| (6) | The introduction of an administrative period of validity will lead to the regular renewal of driving licences, making it possible to apply the most recent counter-falsification measures, and to apply at the time of periodic renewal the medical examinations or other measures provided for by the Member States, such as courses to update theoretical knowledge or practical skills. |
| --- | --- |

(6)

The introduction of an administrative period of validity will lead to the regular renewal of driving licences, making it possible to apply the most recent counter-falsification measures, and to apply at the time of periodic renewal the medical examinations or other measures provided for by the Member States, such as courses to update theoretical knowledge or practical skills.

| (7) | The Member States may impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental aptitude for driving a motor vehicle.
  Eyesight tests from the age of 45 years, for example, could mean an increase in road safety. |
| --- | --- |

(7)

The Member States may impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental aptitude for driving a motor vehicle.
  Eyesight tests from the age of 45 years, for example, could mean an increase in road safety.

| (8) | Compliance with minimum standards with regard to physical and mental aptitude for driving a motor vehicle for drivers of vehicles used for the transport of persons or goods in certain categories should be checked in a medical examination when the driving licence is issued, and periodically thereafter, in accordance with the national legislative provisions; it is necessary to harmonise the frequency of medical examinations in order to contribute to the free movement of workers, to avoid distortions of competition and to take into account the liability of drivers of such vehicles. |
| --- | --- |

(8)

Compliance with minimum standards with regard to physical and mental aptitude for driving a motor vehicle for drivers of vehicles used for the transport of persons or goods in certain categories should be checked in a medical examination when the driving licence is issued, and periodically thereafter, in accordance with the national legislative provisions; it is necessary to harmonise the frequency of medical examinations in order to contribute to the free movement of workers, to avoid distortions of competition and to take into account the liability of drivers of such vehicles.

| (9) | With regard to minimum ages, it is necessary to strengthen further the principle of progressive access to the categories. For the different categories of two-wheel
  and three-wheel
  vehicles, and the different categories of vehicles used for the transport of persons or goods, it is appropriate to vary still further the procedures governing access to the categories of licences. Category B1 should remain optional, with a possibility of derogation as to the minimum age, in order to allow the introduction of progressive access to that category in the future. |
| --- | --- |

(9)

With regard to minimum ages, it is necessary to strengthen further the principle of progressive access to the categories. For the different categories of two-wheel
  and three-wheel
  vehicles, and the different categories of vehicles used for the transport of persons or goods, it is appropriate to vary still further the procedures governing access to the categories of licences. Category B1 should remain optional, with a possibility of derogation as to the minimum age, in order to allow the introduction of progressive access to that category in the future.

| (10) | The categories should be harmonised in order to strengthen the principle of progressive access. |
| --- | --- |

(10)

The categories should be harmonised in order to strengthen the principle of progressive access.

| (11) | It should be possible for Member States to amend the minimum age for motor-car and motorcycle classes in order to improve safety or mobility on roads. However, in the case of motorcycle categories, the principle of progressive access must be retained. Careful consideration should be given to the question whether the principle of progressive access should in future be extended to the passenger vehicle sector. |
| --- | --- |

(11)

It should be possible for Member States to amend the minimum age for motor-car and motorcycle classes in order to improve safety or mobility on roads. However, in the case of motorcycle categories, the principle of progressive access must be retained. Careful consideration should be given to the question whether the principle of progressive access should in future be extended to the passenger vehicle sector.

| (12) | The definitions both of these new categories and of the existing categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the control needed to drive a vehicle. |
| --- | --- |

(12)

The definitions both of these new categories and of the existing categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the control needed to drive a vehicle.

| (13) | Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents. |
| --- | --- |

(13)

Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents.

| (14) | On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. |
| --- | --- |

(14)

On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down.

| (15) | Specific provisions should be adopted to make it easier for physically handicapped persons to drive vehicles. |
| --- | --- |

(15)

Specific provisions should be adopted to make it easier for physically handicapped persons to drive vehicles.

| (16) | For reasons connected with road safety and traffic, Member States should
  as far as possible
  be
  required
  to apply their national provisions on the withdrawal, suspension,
  restriction
  and cancellation of driving licences to all licence holders having acquired normal residence in their territory. |
| --- | --- |

(16)

For reasons connected with road safety and traffic, Member States should
  as far as possible
  be
  required
  to apply their national provisions on the withdrawal, suspension,
  restriction
  and cancellation of driving licences to all licence holders having acquired normal residence in their territory.

| (17) | The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds. |
| --- | --- |

(17)

The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds.

| (18) | The introduction of an optional microchip in the model driving licence in the form of a credit card should enable the Member States to improve still further the level of anti-fraud protection. The technical requirements for the microchip will determined by the Commission, assisted by the committee on driving licences. |
| --- | --- |

(18)

The introduction of an optional microchip in the model driving licence in the form of a credit card should enable the Member States to improve still further the level of anti-fraud protection. The technical requirements for the microchip will determined by the Commission, assisted by the committee on driving licences.

| (19) | The Member States should have the right to store additional information on the microchip, provided this does not impair its proper use. Data protection must be guaranteed in this connection. |
| --- | --- |

(19)

The Member States should have the right to store additional information on the microchip, provided this does not impair its proper use. Data protection must be guaranteed in this connection.

| (20) | Minimum standards concerning access to the profession of examiner
  and ongoing training
  should be established, in order to improve the knowledge and skills of examiners, to ensure a more objective evaluation of driving licence applicants, to achieve greater harmonisation of driving examinations, and to reinforce the general principle of mutual recognition of driving licences. |
| --- | --- |

(20)

Minimum standards concerning access to the profession of examiner
  and ongoing training
  should be established, in order to improve the knowledge and skills of examiners, to ensure a more objective evaluation of driving licence applicants, to achieve greater harmonisation of driving examinations, and to reinforce the general principle of mutual recognition of driving licences.

| (21) | The Commission should be allowed to undertake the adaptation of Annexes I to IV to technical progress. |
| --- | --- |

(21)

The Commission should be allowed to undertake the adaptation of Annexes I to IV to technical progress.

| (22) | It is appropriate to take the requisite measures to implement this Directive in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission (4). |
| --- | --- |

(22)

It is appropriate to take the requisite measures to implement this Directive in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission (4).

| (23) | Given that the objectives of the action envisaged cannot be achieved sufficiently by the Member States and may, therefore, on account of their scale and their effects be better achieved at Community level, the Community can take measures in accordance with Article 5 of the Treaty. In accordance with the proportionality principle as set out in that Article, this Directive does not exceed what is necessary to achieve those objectives. |
| --- | --- |

(23)

Given that the objectives of the action envisaged cannot be achieved sufficiently by the Member States and may, therefore, on account of their scale and their effects be better achieved at Community level, the Community can take measures in accordance with Article 5 of the Treaty. In accordance with the proportionality principle as set out in that Article, this Directive does not exceed what is necessary to achieve those objectives.

| (24) | This Directive must not prejudice the obligations of the Member States concerning the deadlines for transposition into national law and application of the Directives listed in Annex VIII, Part B, |
| --- | --- |

(24)

This Directive must not prejudice the obligations of the Member States concerning the deadlines for transposition into national law and application of the Directives listed in Annex VIII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Model licence

1.   Member States shall introduce a national driving licence based on the Community model described in Annex I, in accordance with the provisions of this Directive.

2.   Member States shall have the right to incorporate in the driving licences which they issue a microchip as soon as the technical requirements are laid down by the Commission in accordance with the procedure provided for in Article 10. The Commission shall ensure that the technical requirements concerning the microchip to be incorporated in the driving licence provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is
  demonstrated.

3.
     
  The microchip shall incorporate the harmonised driving licence data listed in Annex I.

The Member States may, after consulting the Commission, store additional data on the microchip, provided that this does not lead to the application of this Directive being impaired and provided that the relevant data protection provisions are not breached.

The Commission may adapt Annex I in accordance with the procedure set out in Article 9, in order to ensure future interoperability.

Article 2

Mutual recognition

Driving licences issued by Member States shall be mutually recognised.

Article 3

Anti-forgery measures

1.   The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence.

2.   Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof.

3.   
  The material used for the driving licence in accordance with Annex I shall be protected against forgery by means of specifications to be laid down by the Commission in accordance with the procedure set out in Article 10. The Member States may introduce additional security features.

4.
     
  Within ... (5), all driving licences which comply neither with Annex I to this Directive nor with Annex Ia to Directive 91/439/EEC, which was introduced by Directive 96/47/EC, shall be replaced by the model in Annex I to this Directive.

Within ... (6), all driving licences which do not comply with Annex I to this Directive shall be replaced by the model in Annex I.

An authorisation to drive a specific category issued before ... (7) shall not be withdrawn or in any way restricted on the basis of the provisions of this Directive.

Article 4

Categories

1.   The driving licence provided for in Article 1 shall authorise the driving of vehicles in the following categories:

| — | Category AM:






  — | mopeds, namely two- or three-wheel vehicles with a maximum design speed exceeding 6 km/h but not exceeding 45 km/h and characterised by an engine whose cubic capacity does not exceed 50 cubic centimetres in the case of the internal combustion type, or whose maximum continuous rated power is no more than 4 kW in the case of an electric motor. In the case of a three-wheel moped, the maximum net power output of the engine may not exceed 4 kW in the case of other internal combustion engines; |
| --- | --- | --- |

—

Category AM:

—

mopeds, namely two- or three-wheel vehicles with a maximum design speed exceeding 6 km/h but not exceeding 45 km/h and characterised by an engine whose cubic capacity does not exceed 50 cubic centimetres in the case of the internal combustion type, or whose maximum continuous rated power is no more than 4 kW in the case of an electric motor. In the case of a three-wheel moped, the maximum net power output of the engine may not exceed 4 kW in the case of other internal combustion engines;

| — | light motor-powered quadricycles with an unladen mass not exceeding 350 kg, disregarding the mass of the batteries in the case of electric vehicles, with a maximum design speed not exceeding 45 km/h and a cubic capacity not exceeding 50 cubic centimetres in the case of spark-ignition engines or a maximum net power output not exceeding 4 kW in the case of other internal combustion engines or a maximum continuous rated power not exceeding 4 kW in the case of electric motors; |
| --- | --- |

—

light motor-powered quadricycles with an unladen mass not exceeding 350 kg, disregarding the mass of the batteries in the case of electric vehicles, with a maximum design speed not exceeding 45 km/h and a cubic capacity not exceeding 50 cubic centimetres in the case of spark-ignition engines or a maximum net power output not exceeding 4 kW in the case of other internal combustion engines or a maximum continuous rated power not exceeding 4 kW in the case of electric motors;

| — | Category A1:






  — | light motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg; |
| --- | --- | --- |

—

Category A1:

—

light motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg;

| — | motor-powered tricycles with a power output not exceeding 15 kW; |
| --- | --- |

—

motor-powered tricycles with a power output not exceeding 15 kW;

| — | Category A2:






  — | motorcycles, with or without a sidecar, of a power not exceeding 35 kW, a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power; |
| --- | --- | --- |

—

Category A2:

—

motorcycles, with or without a sidecar, of a power not exceeding 35 kW, a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power;

| — | motor-powered tricycles with a power output not exceeding 35 kW; |
| --- | --- |

—

motor-powered tricycles with a power output not exceeding 35 kW;

| — | Category A:






  — | motorcycles, with or without a sidecar; |
| --- | --- | --- |

—

Category A:

—

motorcycles, with or without a sidecar;

| — | motor-powered tricycles with a power output of more than 35 kW; |
| --- | --- |

—

motor-powered tricycles with a power output of more than 35 kW;

| — | Category B1:






  — | motor-powered tricycles
  with a power output not exceeding 15 kW
  and
  motor-powered
  quadricycles
  which are not among the light motor-powered quadricycles referred to in the second indent of Category AM, with an unladen mass not exceeding 400 kg (550 kg in the case of vehicles for the transport of goods), disregarding the mass of the batteries in the case of electric vehicles, with a maximum net power output not exceeding 15 kW and a maximum design speed not exceeding 80 km/h; |
| --- | --- | --- |

—

Category B1:

—

motor-powered tricycles
  with a power output not exceeding 15 kW
  and
  motor-powered
  quadricycles
  which are not among the light motor-powered quadricycles referred to in the second indent of Category AM, with an unladen mass not exceeding 400 kg (550 kg in the case of vehicles for the transport of goods), disregarding the mass of the batteries in the case of electric vehicles, with a maximum net power output not exceeding 15 kW and a maximum design speed not exceeding 80 km/h;

| — | Category B:








  (a) | motor vehicles:






  — | with a maximum authorised mass not exceeding 3 500 kg; |
| --- | --- | --- | --- |

—

Category B:

(a)

motor vehicles:

—

with a maximum authorised mass not exceeding 3 500 kg;

| — | designed and built to transport no more than eight passengers in addition to the driver. |
| --- | --- |

—

designed and built to transport no more than eight passengers in addition to the driver.

| (b) | motor-powered tricycles with an engine power not exceeding 35 kW; |
| --- | --- |

(b)

motor-powered tricycles with an engine power not exceeding 35 kW;

| (c) | motor-powered tricycles with an engine power in excess of 35 kW, providing the licence holder is at least 21 years old; |
| --- | --- |

(c)

motor-powered tricycles with an engine power in excess of 35 kW, providing the licence holder is at least 21 years old;

| — | Category B + E:






  — | without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combination of vehicles consisting of a tractor vehicle in category B and a trailer
  or semi-trailer
  where the maximum authorised mass
  of the trailer or semi-trailer does not exceed 3 500 kg; |
| --- | --- | --- |

—

Category B + E:

—

without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combination of vehicles consisting of a tractor vehicle in category B and a trailer
  or semi-trailer
  where the maximum authorised mass
  of the trailer or semi-trailer does not exceed 3 500 kg;

| — | Category C1:






  — | motor vehicles
  not coming within categories D1 or D
  , the maximum authorised mass of which exceeds 3 500 kg but does not exceed
  7 500 kg
  , and
  designed and built to transport
  no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- | --- |

—

Category C1:

—

motor vehicles
  not coming within categories D1 or D
  , the maximum authorised mass of which exceeds 3 500 kg but does not exceed
  7 500 kg
  , and
  designed and built to transport
  no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| — | Category C1 + E:






  — | without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed
  12 000 kg
  ; |
| --- | --- | --- |

—

Category C1 + E:

—

without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed
  12 000 kg
  ;

| — | without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the vehicle combination does not exceed 12 000 kg
  ; |
| --- | --- |

—

without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the vehicle combination does not exceed 12 000 kg
  ;

| — | Category C:






  — | motor vehicles
  not coming within categories D1 or D
  the maximum authorised mass of which is over 3 500 kg and
  designed and built to transport
  no more than eight passengers in addition to the driver; motor vehicles which may be driven with a category C licence in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- | --- |

—

Category C:

—

motor vehicles
  not coming within categories D1 or D
  the maximum authorised mass of which is over 3 500 kg and
  designed and built to transport
  no more than eight passengers in addition to the driver; motor vehicles which may be driven with a category C licence in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| — | Category C + E:






  — | without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg; |
| --- | --- | --- |

—

Category C + E:

—

without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg;

| — | Category D1:






  — | motor vehicles
  designed and built
  to transport not more than 16 passengers in addition to the driver and with a maximum length not exceeding
  eight
  metres; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- | --- |

—

Category D1:

—

motor vehicles
  designed and built
  to transport not more than 16 passengers in addition to the driver and with a maximum length not exceeding
  eight
  metres; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| — | Category D1 + E:






  — | without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed
  12 000 kg; |
| --- | --- | --- |

—

Category D1 + E:

—

without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed
  12 000 kg;

| — | Category D:






  — | motor vehicles
  designed and built to transport
  more than eight passengers in addition to the driver; motor vehicles which may be driven with a Category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- | --- |

—

Category D:

—

motor vehicles
  designed and built to transport
  more than eight passengers in addition to the driver; motor vehicles which may be driven with a Category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| — | Category D + E:






  — | without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg.
  Except in regular inner-city transport, trailers may not be used to carry passengers. |
| --- | --- | --- |

—

Category D + E:

—

without prejudice to the provisions regarding type-approval of the vehicles concerned,
  combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg.
  Except in regular inner-city transport, trailers may not be used to carry passengers.

2.   For the purpose of this Directive:

| (a) | ‘Power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle; |
| --- | --- |

(a)

‘Power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle;

| (b) | The term ‘moped’ does not
  include cycles
  with pedal assistance; |
| --- | --- |

(b)

The term ‘moped’ does not
  include cycles
  with pedal assistance;

| (c) | ‘Tricycle’ means a vehicle with three symmetrical wheels and an engine with a cubic capacity in excess of 50 cc in the case of an internal combustion engine and/or the maximum design speed of which is in excess of
  45 km/h; |
| --- | --- |

(c)

‘Tricycle’ means a vehicle with three symmetrical wheels and an engine with a cubic capacity in excess of 50 cc in the case of an internal combustion engine and/or the maximum design speed of which is in excess of
  45 km/h;

| (d) | ‘Motorcycle’
  means any two-wheel vehicle having a maximum design speed of more than 45 km/h, or if it is fitted with an internal combustion engine having a cubic capacity of more than 50 cm3. The sidecar is assimilated to this type of vehicle; |
| --- | --- |

(d)

‘Motorcycle’
  means any two-wheel vehicle having a maximum design speed of more than 45 km/h, or if it is fitted with an internal combustion engine having a cubic capacity of more than 50 cm3. The sidecar is assimilated to this type of vehicle;

| (e) | ‘Motor vehicle’ means any power-driven vehicle, other than a motorcycle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors; |
| --- | --- |

(e)

‘Motor vehicle’ means any power-driven vehicle, other than a motorcycle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors;

| (f) | ‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function. |
| --- | --- |

(f)

‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function.

3.   Category B1 shall be optional.
  In Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles.

4.   With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for the disabled.

Article 5

Conditions — Restrictions

1.   Driving licences shall state the conditions under which the driver is authorised to drive.

2.   If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 8 shall be taken in such a vehicle.

Article 6

Equivalences between categories

1.   The issue of driving licences shall be subject to the following conditions:

| (a) | licences for categories
  C1,
  C
  , D1
  and D shall be issued only to drivers already entitled to drive vehicles in category B; |
| --- | --- |

(a)

licences for categories
  C1,
  C
  , D1
  and D shall be issued only to drivers already entitled to drive vehicles in category B;

| (b) | licences for categories B + E,
  C1 + E,
  C + E,
  D1 + E and
  D + E shall be issued only to drivers already entitled to drive vehicles in categories B,
  C1,
  C
  , D1
  and D respectively. |
| --- | --- |

(b)

licences for categories B + E,
  C1 + E,
  C + E,
  D1 + E and
  D + E shall be issued only to drivers already entitled to drive vehicles in categories B,
  C1,
  C
  , D1
  and D respectively.

2.   The validity of driving licences shall be determined as follows:

| (a) | licences for categories
  C1 + E,
  C + E,
  D1 + E and
  D + E shall
  also
  be
  validated for driving category B + E vehicle combinations
  ; |
| --- | --- |

(a)

licences for categories
  C1 + E,
  C + E,
  D1 + E and
  D + E shall
  also
  be
  validated for driving category B + E vehicle combinations
  ;

| (b) | licences for categories B + E, C + E, D + E shall be issued only to drivers already entitled to drive vehicles in categories B, C and D respectively; |
| --- | --- |

(b)

licences for categories B + E, C + E, D + E shall be issued only to drivers already entitled to drive vehicles in categories B, C and D respectively;

| (c) | licences
  issued
  for categories
  A, B, C or D
  shall
  also
  be validated for
  categories A1 and A2, B1, C1 or D1, respectively; |
| --- | --- |

(c)

licences
  issued
  for categories
  A, B, C or D
  shall
  also
  be validated for
  categories A1 and A2, B1, C1 or D1, respectively;

| (d) | licences issued for category A2 shall also be validated for category A1; |
| --- | --- |

(d)

licences issued for category A2 shall also be validated for category A1;

| (e) | licences issued for categories C + E and D + E shall also be validated for vehicle combinations in categories C1 + E and D1 + E, respectively; |
| --- | --- |

(e)

licences issued for categories C + E and D + E shall also be validated for vehicle combinations in categories C1 + E and D1 + E, respectively;

| (f) | licences for
  all
  categories shall
  also
  be validated for
  vehicles of
  category
  AM. However, a Member State may restrict the equivalences for category AM to categories A1, A2 and A, in respect of driving licences issued on its territory, if that Member State requires practical driver training in order to obtain a category AM licence. |
| --- | --- |

(f)

licences for
  all
  categories shall
  also
  be validated for
  vehicles of
  category
  AM. However, a Member State may restrict the equivalences for category AM to categories A1, A2 and A, in respect of driving licences issued on its territory, if that Member State requires practical driver training in order to obtain a category AM licence.

3.   For driving on their territory, Member States may grant the following
  equivalences
  :

| — | mopeds and
  light motorcycles under a licence for category B.


  Since this provision applies only on national territory, the Member States shall not indicate on the driving licence that the holder is entitled to drive such vehicles. |
| --- | --- |

—

mopeds and
  light motorcycles under a licence for category B.

Since this provision applies only on national territory, the Member States shall not indicate on the driving licence that the holder is entitled to drive such vehicles.

4.   Member States may, after consulting the Commission, authorise the driving on their territory of:

| (a) | vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years before provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary; |
| --- | --- |

(a)

vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years before provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary;

| (b) | vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes; |
| --- | --- |

(b)

vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes;

| (c) | vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the vehicle is over 25 years old, is maintained in a proper and environmentally sound manner and in a historically correct condition and is used for non-commercial purposes; |
| --- | --- |

(c)

vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the vehicle is over 25 years old, is maintained in a proper and environmentally sound manner and in a historically correct condition and is used for non-commercial purposes;

| (d) | vehicles of categories D and D1 by holders of a driving licence for categories C, C1 and C + E, provided that the vehicles are to be transferred empty over short distances. |
| --- | --- |

(d)

vehicles of categories D and D1 by holders of a driving licence for categories C, C1 and C + E, provided that the vehicles are to be transferred empty over short distances.

Article 7

Minimum age

1.   The minimum age conditions for the issue of driving licences shall be as follows:

| (a) | 16 years:






  — | for category AM; |
| --- | --- | --- |

(a)

16 years:

—

for category AM;

| — | for category A 1; |
| --- | --- |

—

for category A 1;

| — | for category B 1; |
| --- | --- |

—

for category B 1;

| (b) | 18 years:






  — | for category A 2; |
| --- | --- | --- |

(b)

18 years:

—

for category A 2;

| — | for categories B, B + E; |
| --- | --- |

—

for categories B, B + E;

| — | for categories C1 and C1 + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (9); |
| --- | --- |

—

for categories C1 and C1 + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (9);

| (c) | 21 years:






  — | for
  category A
  ; |
| --- | --- | --- |

(c)

21 years:

—

for
  category A
  ;

| — | for categories C, C + E, D1 and D1 + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

for categories C, C + E, D1 and D1 + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| — | for categories D and D + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

for categories D and D + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| (d) | 24 years:






  — | for category A; |
| --- | --- | --- |

(d)

24 years:

—

for category A;

| — | for categories D and D + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

for categories D and D + E, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

2.   Member States may derogate from the minimum age requirements laid down for
  categories B
  and B + E and issue such driving licences for such categories from the age of 17 years, and for category B1 and issue this category only from the age of 18. Member States may refuse to recognise the validity on their territory of a driving licence for categories B and B1 if the holder is under 18 years of age.

Member States may derogate from the minimum age requirements laid down for category AM and issue this category from the age of 14 years. Member States may refuse to recognise the validity on their territory of a driving licence for category AM if the holder is under 16 years of age.

The Member States may raise the minimum age laid down for categories A1, A2 and A, on condition that:

| — | there is two years between the minimum age for category A1 and the minimum age for category A2; |
| --- | --- |

—

there is two years between the minimum age for category A1 and the minimum age for category A2;

| — | either three years' driving practice on a motorcycle belonging to category A2 is obtained before a licence for category A can be obtained or the minimum age for category A without driving practice on a motorcycle belonging to category A2 is six years above that for category A2. |
| --- | --- |

—

either three years' driving practice on a motorcycle belonging to category A2 is obtained before a licence for category A can be obtained or the minimum age for category A without driving practice on a motorcycle belonging to category A2 is six years above that for category A2.

The minimum age for category A without driving practice on a motorcycle belonging to category A2 may not be more than 26.

Member States which raise the minimum age for categories A1, A2 or A shall recognise licences issued by other Member States.

Member States may lower the minimum age for issuing a driving licence for category D1 to 18 years with regard to vehicles used in states of emergency or assigned to rescue missions.

Member States, so long as they require candidates to pass a test of skills and behaviour as a pre-condition to issuing a licence for category AM, may derogate from the minimum age requirements laid down for category A2 and issue licences for this category to persons of 17 years of age and over.

Member States may derogate from the minimum age requirements laid down for motorcycles of category A (other than those for motorcycles of category A1 and for motorcycles of category A2) and may issue such licences to persons of a minimum age of between 21 years and 26 years.

Article 8

Issue — Validity — Renewal

1.   Driving licences shall be issued only to those applicants:

| (a) | who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; |
| --- | --- |

(a)

who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III;

| (b) | who have passed a knowledge test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour, as well as a medical examination in the case of category AM driving licences issued by them;

  Member States may in particular prescribe practical driver training for power-driven tricycles and quadricycles of this category. In order to distinguish vehicles in category AM a national code may be indicated on the licence; |
| --- | --- |

(b)

who have passed a knowledge test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour, as well as a medical examination in the case of category AM driving licences issued by them;

| (c) | who have passed a test of skills and behaviour only in the case of an applicant for a category A2 driving licence who has acquired at least two years experience on a motorcycle covered by an A1 licence; |
| --- | --- |

(c)

who have passed a test of skills and behaviour only in the case of an applicant for a category A2 driving licence who has acquired at least two years experience on a motorcycle covered by an A1 licence;

| (d) | who have
  undergone driver training pursuant to Annex VII
  in the case of an applicant for a category A driving licence who has acquired at least three years' experience on a motorcycle covered by an A2 licence;
  no further test shall be required in the case of an applicant for a category A driving licence who has acquired at least three years' experience on a motorcycle covered by an A2 licence and two years' experience on a motorcycle covered by an A1 licence
  ; |
| --- | --- |

(d)

who have
  undergone driver training pursuant to Annex VII
  in the case of an applicant for a category A driving licence who has acquired at least three years' experience on a motorcycle covered by an A2 licence;
  no further test shall be required in the case of an applicant for a category A driving licence who has acquired at least three years' experience on a motorcycle covered by an A2 licence and two years' experience on a motorcycle covered by an A1 licence
  ;

| (e) | who have passed a test of skills and behaviour only in the case of an applicant for a category A1, A2 or A driving licence who already possesses a category AM, A1 or A2 driving licence
  ; |
| --- | --- |

(e)

who have passed a test of skills and behaviour only in the case of an applicant for a category A1, A2 or A driving licence who already possesses a category AM, A1 or A2 driving licence
  ;

| (f) | who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. |
| --- | --- |

(f)

who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months.

2.   As from ... (10), licences issued by Member States for categories AM, A1, A2, A, B, B1 and B + E shall have an administrative validity of 10
  years. Member
  States may limit the period of validity of the first driving licence issued to novice drivers for categories A and B to three years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

As from ... (10), licences issued by Member States for categories C, C + E, C1, C1 + E, D, D + E, D1, D1 + E shall have an administrative validity of five years.
  Member States may limit the period of validity of the first licence issued to novice drivers for categories C and D to three years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

However, if a driving licence already issued before the entry into force of the Directive has to be renewed because it has expired, the different periods of validity indicated in the first and second subparagraphs shall apply to this renewal.

The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document.

3.   The renewal of driving licences when they expire shall be subject to:

| (a) | continuing compliance with
  the minimum standards of physical and mental aptitude for driving as set out in Annex III for driving licences in categories C, C + E, C1, C1 + E, D, D + E, D1, D1 + E; |
| --- | --- |

(a)

continuing compliance with
  the minimum standards of physical and mental aptitude for driving as set out in Annex III for driving licences in categories C, C + E, C1, C1 + E, D, D + E, D1, D1 + E;

| (b) | normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. |
| --- | --- |

(b)

normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months.

Member States may, when renewing driving licences in categories A, A1, A2, B, B1 and B + E, require an examination applying the minimum standards of physical and mental aptitude for driving as set out in Annex III.

Member States may limit the periods of validity of driving licences laid down in paragraph 2 in respect of all categories, in individual cases, should they consider more frequent medical examinations or other special measures such as restrictions following traffic offences to be necessary.

Member States may lay down systems for totalising traffic offences (‘points systems’) entailing restrictions on the period of validity, as specified in paragraph 2, of driving licences in any category. Such systems must be effective, dissuasive, proportional, and regulated according to the professional or personal status of drivers.

4.   Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issue of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive.

| 5. | (a) | No person may hold more than one driving licence. |
| --- | --- | --- |
| (b) | A Member State shall refuse to issue a licence where it establishes that the applicant already holds a valid driving licence issued by the authorities in another Member State. A Member State may also refuse to issue a driving licence to an applicant who is subject in another Member State to one of the measures referred to in Article 12(2). |
| (c) | Member States shall take steps in pursuance of subparagraph (b).



  The necessary steps as regards the issue, replacement or renewal of a licence shall be to verify with other Member States whether there are reasonable grounds to suspect that the applicant is already the holder of a driving licence.


  The necessary steps as regards the exchange of a driving licence issued by another Member State shall be to verify with the Member State which issued the licence whether the applicant is subject to any of the measures referred to in Article 12(2). |
| (d) | In order to facilitate the international checks pursuant to subparagraph (b), the Commission shall, with the assistance of the Member States, design, implement and operate a network for the international exchange of driving licence data between Member States. |

5.

(a)

No person may hold more than one driving licence.

(b)

A Member State shall refuse to issue a licence where it establishes that the applicant already holds a valid driving licence issued by the authorities in another Member State. A Member State may also refuse to issue a driving licence to an applicant who is subject in another Member State to one of the measures referred to in Article 12(2).

(c)

Member States shall take steps in pursuance of subparagraph (b).

(d)

In order to facilitate the international checks pursuant to subparagraph (b), the Commission shall, with the assistance of the Member States, design, implement and operate a network for the international exchange of driving licence data between Member States.

Article 9

Committee

The amendments necessary to adapt
  Annexes I to VII
  to scientific and technical progress shall be adopted in accordance with the procedures laid down in Article 10.

Article 10

Committee procedure

1.   The Commission shall be assisted by a committee on driving licences, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, in accordance with Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be 3 months.

3.   The Committee shall adopt its own rules of procedure.

Article 11

Examiners

From the entry into force of this Directive, driving licence examiners shall meet the minimum standards set out in Annex IV. Driving licence examiners already working in that capacity before ... (11)

  shall be subject only to the requirements concerning quality assurance and regular periodic training measures
  .

Article 12

Various provisions concerning the recognition of driving licences

1.   Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence; it shall be for the Member State effecting the exchange to check, if necessary, whether the licence submitted is in fact still valid.

2.   Subject to observance of the principle of territoriality of criminal and police laws, the Member States of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.

3.   The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for so doing.

4.   A Member State
  shall
  refuse to recognise the validity of any driving licence issued by another Member State to a person who is, in the former State's territory, the subject of one of the measures referred to in paragraph 2.

A Member State shall refuse to issue a driving licence to an applicant whose authorisation to drive in another Member State has been restricted, suspended or withdrawn.

A Member State may likewise refuse to issue a driving licence to an applicant who is the subject of a
  cancellation
  in another Member State.

A Member State may furthermore refuse to recognise the validity of a driving licence issued by another Member State to a person at a time when that person did not have his residence in the Member State of issue.

5.   A replacement for a driving licence which has, for example, been lost or stolen may be obtained from the competent authorities of the State in which the holder has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member States which issued the original licence.

6.   Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded in the latter as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.

Article 13

Normal residence

For the purpose of this Directive, 'normal' residence means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

Article 14

Equivalences between non-Community model licences

With the agreement of the Commission, Member States shall establish equivalences between the categories of licence issued before implementation of this Directive and those defined in Article 4.

After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 12(4), (5) and (6).

Article 15

Review

The
  Commission
  shall review the Community provisions concerning the categories referred to in Article 4 and the minimum ages laid down in Article 7, and their impact on road safety, as well as the possible introduction of progressive access to category B, including category B1, by ... (12), at the latest.

Article 16

Cooperation between Member States

The Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged or replaced.
  They shall use the driving licence network established for this purpose as soon as the network is operational.

Article 17

Transposition

1.   The Member States shall adopt and publish, no later than ... (13), the laws, regulations or administrative provisions necessary to comply with Article 1(2), Article 3(2), Article 4(1) to (3), Article 6(2), points (c) and (d), Article 7, Article 8(1) to (3) and (5), Article 11, Articles 16 to 20, and Annexes II, point 5.2 and IV. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

2.   They shall apply those provisions as from ... (14).

3.   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also contain an indication that references made, in the laws, regulations or administrative provisions in force, to the directives repealed by this directive shall be understood as being made to this Directive. The manner in which such a reference is made, and its wording, shall be as laid down by the Member States.

4.   Member States shall communicate to the Commission the text of the essential national provisions which they adopt in the field covered by this Directive.

5.
     
  Article 2(4) of Directive 91/439/EEC, as amended by Directive 96/47/EC, shall be repealed on the date on which this Directive enters into force.

Article 18

Repeal

Directive 91/439/EEC, as amended by the directives referred to in Annex VIII, Part A, is repealed with effect from ... (14), without prejudice to the obligations of the Member States with regard to the time-limits indicated in Annex VIII, Part B for transposing the Directive into national law.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IX.

Article 19

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 1(1), Article 2, Article 3(1), Article 4(4), Article 5, Article 6(1), (2), points (a) and (b), (3) and (4), Article 8(4), Article 9, Article 10, Articles 12 to 15 and Annexes I, II and III shall apply from ... (15).

Article 20

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 23.2.2005.

2

Position of the European Parliament of 23.2.2005.

(3)  OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

3

Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)

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

4

(5)  10 years of the date fixed in Article 17(2).

5

(6)  20 years of the date fixed in Article 17(2).

6

(7)  The date fixed in Article 17(2).

7

(8)  OJ L 18, 21.1.2002, p. 1.

8

(9)  OJ L 226, 10.9.2003, p. 4. Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35
  ).

9

Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35

(10)  The date fixed in Article 17(2).

10

The date fixed in Article 17(2).

(11)  The date fixed in Article 17(2).

11

The date fixed in Article 17(2).

(12)  Five years after the date fixed in Article 17(2).

12

Five years after the date fixed in Article 17(2).

(13)  Two years after the date fixed in Article 19.

13

Two years after the date fixed in Article 19.

(14)  Two years after the date fixed in Article 17(1).

14

Two years after the date fixed in Article 17(1).

(15)  Two years after the date fixed in Article 19, first paragraph.

15

Two years after the date fixed in Article 19, first paragraph.

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

1.   The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.

The card shall be made of polycarbonate.

Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373.

2.   Physical security of driving licences.

The physical security of driving licences is threatened by:





  —

| — | the manufacture of forged cards: creation of a new article which is very similar to the document, produced either as a new article or as a copy of an original document; |
| --- | --- |

the manufacture of forged cards: creation of a new article which is very similar to the document, produced either as a new article or as a copy of an original document;

| — | fundamental change: changing a characteristic of the original document, such as changes to some of the data printed on the document. |
| --- | --- |

—

fundamental change: changing a characteristic of the original document, such as changes to some of the data printed on the document.

| (a) | The following techniques must be deployed on the material used for driving licences in order to secure it against forgery (mandatory visual features):






  — | card medium without optical brighteners; |
| --- | --- | --- |

(a)

The following techniques must be deployed on the material used for driving licences in order to secure it against forgery (mandatory visual features):

—

card medium without optical brighteners;

| — | background security pattern which is protected against forgery through scanning, printing or copying by means of iris printing with multi-coloured security printing ink and positive and negative guilloche printing. The pattern may not be composed of primary colours (CMYK); it must have a complex structure in at least two special colours and micro-script; |
| --- | --- |

—

background security pattern which is protected against forgery through scanning, printing or copying by means of iris printing with multi-coloured security printing ink and positive and negative guilloche printing. The pattern may not be composed of primary colours (CMYK); it must have a complex structure in at least two special colours and micro-script;

| — | optically variable elements which provide appropriate protection against copying and manipulation of the photograph; |
| --- | --- |

—

optically variable elements which provide appropriate protection against copying and manipulation of the photograph;

| — | laser engraving; |
| --- | --- |

—

laser engraving;

| — | in the area of the photograph the security background and the photograph should overlap at least at the latter's edge (flowing pattern). |
| --- | --- |

—

in the area of the photograph the security background and the photograph should overlap at least at the latter's edge (flowing pattern).

| (b) | The material used for driving licences must also be additionally protected against forgery by at least three of the following techniques (additional security features):






  — | * colours dependent on the viewing angle; |
| --- | --- | --- |

(b)

The material used for driving licences must also be additionally protected against forgery by at least three of the following techniques (additional security features):

—

- colours dependent on the viewing angle;

| — | * thermochromatic ink; |
| --- | --- |

—

- thermochromatic ink;

| — | * special holograms; |
| --- | --- |

—

- special holograms;

| — | * variable laser pictures; |
| --- | --- |

—

- variable laser pictures;

| — | visible and transparent UV fluorescent ink; |
| --- | --- |

—

visible and transparent UV fluorescent ink;

| — | iridescent printing; |
| --- | --- |

—

iridescent printing;

| — | digital watermark in the background; |
| --- | --- |

—

digital watermark in the background;

| — | IR pigments or phosphorescent pigments; |
| --- | --- |

—

IR pigments or phosphorescent pigments;

| — | * tactile signs, symbols or patterns. |
| --- | --- |

—

- tactile signs, symbols or patterns.

3.   The licence shall have two sides.

Page 1 shall contain:

| (a) | the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence; |
| --- | --- |

(a)

the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence;

| (b) | the name of the Member State issuing the licence (optional); |
| --- | --- |

(b)

the name of the Member State issuing the licence (optional);

| (c) | the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:







  B | : | Belgium |
| --- | --- | --- | --- |
| CZ | : | Czech Republic |
| DK | : | Denmark |
| D | : | Germany |
| EST | : | Estonia |
| GR | : | Greece |
| E | : | Spain |
| F | : | France |
| IRL | : | Ireland |
| I | : | Italy |
| CY | : | Cyprus |
| LV | : | Latvia |
| LT | : | Lithuania |
| L | : | Luxembourg |
| H | : | Hungary |
| M | : | Malta |
| NL | : | The Netherlands |
| A | : | Austria |
| PL | : | Poland |
| P | : | Portugal |
| SLO | : | Slovenia |
| SK | : | Slovakia |
| FIN | : | Finland |
| S | : | Sweden |
| UK | : | The United Kingdom; |

(c)

the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:

B

:

Belgium

CZ

:

Czech Republic

DK

:

Denmark

D

:

Germany

EST

:

Estonia

GR

:

Greece

E

:

Spain

F

:

France

IRL

:

Ireland

I

:

Italy

CY

:

Cyprus

LV

:

Latvia

LT

:

Lithuania

L

:

Luxembourg

H

:

Hungary

M

:

Malta

NL

:

The Netherlands

A

:

Austria

PL

:

Poland

P

:

Portugal

SLO

:

Slovenia

SK

:

Slovakia

FIN

:

Finland

S

:

Sweden

UK

:

The United Kingdom;

| (d) | information specific to the licence issued, numbered as follows:






  1. | surname of the holder; |
| --- | --- | --- |

(d)

information specific to the licence issued, numbered as follows:

1.

surname of the holder;

| 2. | other name(s) of the holder; |
| --- | --- |

2.

other name(s) of the holder;

| 3. | date and place of birth; |
| --- | --- |

3.

date and place of birth;

| 4. | (a) | date of issue of the licence; |
| --- | --- | --- |

4.

(a)

date of issue of the licence;

| (b) | date of expiry of the licence, or a dash if the licence is valid indefinitely; |
| --- | --- |

(b)

date of expiry of the licence, or a dash if the licence is valid indefinitely;

| (c) | the name of the issuing authority (may be printed on page 2); |
| --- | --- |

(c)

the name of the issuing authority (may be printed on page 2);

| (d) | a different number from the one under heading 5, for administrative purposes (optional); |
| --- | --- |

(d)

a different number from the one under heading 5, for administrative purposes (optional);

| 5. | number of the licence; |
| --- | --- |

5.

number of the licence;

| 6. | photograph of the holder; |
| --- | --- |

6.

photograph of the holder;

| 7. | signature of the holder; |
| --- | --- |

7.

signature of the holder;

| 8. | permanent place of residence, or postal address (optional); |
| --- | --- |

8.

permanent place of residence, or postal address (optional);

| 9. | (sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- |

9.

(sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| (e) | the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence:
  Permiso de Conducción

  Řidičský průkaz

  Kørekort
  Führerschein

  Juhiluba

  Άδεια Οδήγησης
  Driving Licence
  Ajokortti
  Permis de conduire
  Ceadúas Tiomána
  Patente di guida

  Vadītāja apliecība


  Vairuotojo pažymėjimas


  Vezetői engedély


  Liċenzja tas-Sewqan

  Rijbewijs

  Prawo Jazdy

  Carta de Condução

  Vodičský preukaz


  Vozniško dovoljenje

  Körkort; |
| --- | --- |

(e)

the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence:

Permiso de Conducción

Kørekort

Führerschein

Άδεια Οδήγησης

Driving Licence

Ajokortti

Permis de conduire

Ceadúas Tiomána

Patente di guida

Rijbewijs

Carta de Condução

Körkort;

| (f) | colour references:






  — | blue: Pantone reflex blue, |
| --- | --- | --- |

(f)

colour references:

—

blue: Pantone reflex blue,

| — | yellow: Pantone yellow. |
| --- | --- |

—

yellow: Pantone yellow.

Page 2 shall contain:

| (a) | 9. | (sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- | --- |

(a)

9.

(sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| 10. | date of first issue of each (sub)category (this date must be repeated on the new licence in the event of subsequent replacement or exchange); |
| --- | --- |

10.

date of first issue of each (sub)category (this date must be repeated on the new licence in the event of subsequent replacement or exchange);

| 11. | date of expiry of each (sub)category; |
| --- | --- |

11.

date of expiry of each (sub)category;

| 12. | additional information/restriction(s), in code form, facing the (sub)category affected.
  The codes shall be as follows:






  — | codes 01 to 99: harmonised Community codes |
| --- | --- | --- |

12.

additional information/restriction(s), in code form, facing the (sub)category affected.

The codes shall be as follows:

—

codes 01 to 99: harmonised Community codes

DRIVER (Medical reasons)

| 01. | Sight correction and/or protection






  01.01 | Glasses |
| --- | --- | --- |
| 01.02 | Contact lense(s) |
| 01.03 | Protective glass |
| 01.04 | Opaque lense |
| 01.05 | Eye cover |
| 01.06 | Glasses or contact lenses |

01.

Sight correction and/or protection

01.01

Glasses

01.02

Contact lense(s)

01.03

Protective glass

01.04

Opaque lense

01.05

Eye cover

01.06

Glasses or contact lenses

| 02. | Hearing aid/communication aid






  02.01 | Hearing aid for one ear |
| --- | --- | --- |
| 02.02 | Hearing aid for two ears |

02.

Hearing aid/communication aid

02.01

Hearing aid for one ear

02.02

Hearing aid for two ears

| 03. | Prosthesis/orthosis for the limbs






  03.01 | Upper limb prosthesis/orthosis |
| --- | --- | --- |
| 03.02 | Lower limb prosthesis/orthosis |

03.

Prosthesis/orthosis for the limbs

03.01

Upper limb prosthesis/orthosis

03.02

Lower limb prosthesis/orthosis

| 05. | Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)






  05.01 | Limited to day time journeys (for example: one hour after sunrise and one hour before sunset) |
| --- | --- | --- |
| 05.02 | Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region ... |
| 05.03 | Driving without passengers |
| 05.04 | Limited to journeys with a speed not greater than ... km/h |
| 05.05 | Driving authorised solely when accompanied by a holder of a driving licence |
| 05.06 | Without trailer |
| 05.07 | No driving on motorways |
| 05.08 | No alcohol |

05.

Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)

05.01

Limited to day time journeys (for example: one hour after sunrise and one hour before sunset)

05.02

Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region ...

05.03

Driving without passengers

05.04

Limited to journeys with a speed not greater than ... km/h

05.05

Driving authorised solely when accompanied by a holder of a driving licence

05.06

Without trailer

05.07

No driving on motorways

05.08

No alcohol

VEHICLE ADAPTATIONS

| 10. | Modified transmission






  10.01 | Manual transmission |
| --- | --- | --- |
| 10.02 | Automatic transmission |
| 10.03 | Electronically operated transmission |
| 10.04 | Adjusted gear-shift lever |
| 10.05 | Without secondary gearbox |

10.

Modified transmission

10.01

Manual transmission

10.02

Automatic transmission

10.03

Electronically operated transmission

10.04

Adjusted gear-shift lever

10.05

Without secondary gearbox

| 15. | Modified clutch






  15.01 | Adjusted gear-shift lever |
| --- | --- | --- |
| 15.02 | Manual clutch |
| 15.03 | Automatic clutch |
| 15.04 | Partitioning in front of/fold away/detached clutch pedal |

15.

Modified clutch

15.01

Adjusted gear-shift lever

15.02

Manual clutch

15.03

Automatic clutch

15.04

Partitioning in front of/fold away/detached clutch pedal

| 20. | Modified braking systems






  20.01 | Adjusted brake pedal |
| --- | --- | --- |
| 20.02 | Enlarged brake pedal |
| 20.03 | Brake pedal suitable for use by left foot |
| 20.04 | Brake pedal by sole |
| 20.05 | Tilted brake pedal |
| 20.06 | Manual (adapted) service brake |
| 20.07 | Maximum use of reinforced service brake |
| 20.08 | Maximum use of emergency brake integrated in the service brake |
| 20.09 | Adjusted parking brake |
| 20.10 | Electrically operated parking brake |
| 20.11 | (Adjusted) foot operated parking brake |
| 20.12 | Partitioning in front of/fold away/detached brake pedal |
| 20.13 | Brake operated by knee |
| 20.14 | Electrically operated service brake |

20.

Modified braking systems

20.01

Adjusted brake pedal

20.02

Enlarged brake pedal

20.03

Brake pedal suitable for use by left foot

20.04

Brake pedal by sole

20.05

Tilted brake pedal

20.06

Manual (adapted) service brake

20.07

Maximum use of reinforced service brake

20.08

Maximum use of emergency brake integrated in the service brake

20.09

Adjusted parking brake

20.10

Electrically operated parking brake

20.11

(Adjusted) foot operated parking brake

20.12

Partitioning in front of/fold away/detached brake pedal

20.13

Brake operated by knee

20.14

Electrically operated service brake

| 25. | Modified accelerator systems






  25.01 | Adjusted accelerator pedal |
| --- | --- | --- |
| 25.02 | Accelerator pedal by sole |
| 25.03 | Tilted accelerator pedal |
| 25.04 | Manual accelerator |
| 25.05 | Accelerator at knee |
| 25.06 | Servo accelerator (electronic, pneumatic, etc.) |
| 25.07 | Accelerator pedal on the left of brake pedal |
| 25.08 | Accelerator pedal on the left |
| 25.09 | Partitioning in front of/fold away/detached accelerator pedal |

25.

Modified accelerator systems

25.01

Adjusted accelerator pedal

25.02

Accelerator pedal by sole

25.03

Tilted accelerator pedal

25.04

Manual accelerator

25.05

Accelerator at knee

25.06

Servo accelerator (electronic, pneumatic, etc.)

25.07

Accelerator pedal on the left of brake pedal

25.08

Accelerator pedal on the left

25.09

Partitioning in front of/fold away/detached accelerator pedal

| 30. | Modified combined braking and accelerator systems






  30.01 | Parallel pedals |
| --- | --- | --- |
| 30.02 | Pedals at (or almost at) the same level |
| 30.03 | Accelerator and brake with sliding |
| 30.04 | Accelerator and brake with sliding and orthesis |
| 30.05 | Fold away/detached accelerator and brake pedals |
| 30.06 | Raised floor |
| 30.07 | Partitioning on the side of the brake pedal |
| 30.08 | Partitioning for prosthesis on the side of the brake pedal |
| 30.09 | Partitioning in front of the accelerator and brake pedals |
| 30.10 | Heel/leg support |
| 30.11 | Electrically operated accelerator and brake |

30.

Modified combined braking and accelerator systems

30.01

Parallel pedals

30.02

Pedals at (or almost at) the same level

30.03

Accelerator and brake with sliding

30.04

Accelerator and brake with sliding and orthesis

30.05

Fold away/detached accelerator and brake pedals

30.06

Raised floor

30.07

Partitioning on the side of the brake pedal

30.08

Partitioning for prosthesis on the side of the brake pedal

30.09

Partitioning in front of the accelerator and brake pedals

30.10

Heel/leg support

30.11

Electrically operated accelerator and brake

| 35. | Modified control layouts
  (Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)






  35.01 | Control devices operable without negative influence on the steering and handling |
| --- | --- | --- |
| 35.02 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) |
| 35.03 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand |
| 35.04 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand |
| 35.05 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanisms |

35.

Modified control layouts

(Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)

35.01

Control devices operable without negative influence on the steering and handling

35.02

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.)

35.03

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand

35.04

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand

35.05

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanisms

| 40. | Modified steering






  40.01 | Standard assisted steering |
| --- | --- | --- |
| 40.02 | Reinforced assisted steering |
| 40.03 | Steering with backup system |
| 40.04 | Lengthened steering column |
| 40.05 | Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.) |
| 40.06 | Tilted steering wheel |
| 40.07 | Vertical steering wheel |
| 40.08 | Horizontal steering wheel |
| 40.09 | Foot operated driving |
| 40.10 | Alternative adjusted steering (joy-stick, etc.) |
| 40.11 | Knob on the steering wheel |
| 40.12 | Hand orthesis on the steering wheel |
| 40.13 | With orthesis tenodese |

40.

Modified steering

40.01

Standard assisted steering

40.02

Reinforced assisted steering

40.03

Steering with backup system

40.04

Lengthened steering column

40.05

Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.)

40.06

Tilted steering wheel

40.07

Vertical steering wheel

40.08

Horizontal steering wheel

40.09

Foot operated driving

40.10

Alternative adjusted steering (joy-stick, etc.)

40.11

Knob on the steering wheel

40.12

Hand orthesis on the steering wheel

40.13

With orthesis tenodese

| 42. | Modified rearview mirror(s)






  42.01 | External (left or) right-side rear-view mirror |
| --- | --- | --- |
| 42.02 | External rear-view mirror set on the wing |
| 42.03 | Additional inside rear-view mirror permitting view of traffic |
| 42.04 | Panoramic inside rear-view mirror |
| 42.05 | Blind spot rear-view mirror |
| 42.06 | Electrically operated outside rear-view mirror(s) |

42.

Modified rearview mirror(s)

42.01

External (left or) right-side rear-view mirror

42.02

External rear-view mirror set on the wing

42.03

Additional inside rear-view mirror permitting view of traffic

42.04

Panoramic inside rear-view mirror

42.05

Blind spot rear-view mirror

42.06

Electrically operated outside rear-view mirror(s)

| 43. | Modified driver seat






  43.01 | Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal |
| --- | --- | --- |
| 43.02 | Driver seat adjusted to body shape |
| 43.03 | Driver seat with lateral support for good sitting stability |
| 43.04 | Driver seat with armrest |
| 43.05 | Lengthening of sliding driver's seat |
| 43.06 | Seat-belt adjustment |
| 43.07 | Harness-type seat-belt |

43.

Modified driver seat

43.01

Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal

43.02

Driver seat adjusted to body shape

43.03

Driver seat with lateral support for good sitting stability

43.04

Driver seat with armrest

43.05

Lengthening of sliding driver's seat

43.06

Seat-belt adjustment

43.07

Harness-type seat-belt

| 44. | Modifications to motorcycles (subcode use obligatory)






  44.01 | Single operated brake |
| --- | --- | --- |
| 44.02 | (Adjusted) hand operated brake (front wheel) |
| 44.03 | (Adjusted) foot operated brake (back wheel) |
| 44.04 | (Adjusted) accelerator handle |
| 44.05 | (Adjusted) manual transmission and manual clutch |
| 44.06 | (Adjusted) rear-view mirror(s) |
| 44.07 | (Adjusted) commands (direction indicators, braking light, ...) |
| 44.08 | Seat height allowing the driver, in sitting position, to have two feet on the road at the same time |

44.

Modifications to motorcycles (subcode use obligatory)

44.01

Single operated brake

44.02

(Adjusted) hand operated brake (front wheel)

44.03

(Adjusted) foot operated brake (back wheel)

44.04

(Adjusted) accelerator handle

44.05

(Adjusted) manual transmission and manual clutch

44.06

(Adjusted) rear-view mirror(s)

44.07

(Adjusted) commands (direction indicators, braking light, ...)

44.08

Seat height allowing the driver, in sitting position, to have two feet on the road at the same time

| 45. | Motorcycle with side-car only |
| --- | --- |

45.

Motorcycle with side-car only

| 50. | Restricted to a specific vehicle/chassis number (vehicle identification number, VIN) |
| --- | --- |

50.

Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

| 51. | Restricted to a specific vehicle/registration plate (vehicle registration number, VRN |
| --- | --- |

51.

Restricted to a specific vehicle/registration plate (vehicle registration number, VRN

ADMINISTRATIVE MATTERS

| 70. | Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g. 70.0123456789.NL) |
| --- | --- |

70.

Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g. 70.0123456789.NL)

| 71. | Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g. 71.987654321.HR) |
| --- | --- |

71.

Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g. 71.987654321.HR)

| 72. | Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 kW (A1) |
| --- | --- |

72.

Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 kW (A1)

| 73. | Restricted to category B vehicles of the motor tricycle or quadricycle type (B1) |
| --- | --- |

73.

Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)

| 74. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1) |
| --- | --- |

74.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1)

| 75. | Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1) |
| --- | --- |

75.

Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1)

| 76. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1 + E) |
| --- | --- |

76.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1 + E)

| 77. | Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1 + E) |
| --- | --- |

77.

Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1 + E)

| 78. | Restricted to vehicles with automatic transmission (Directive 91/439/EEC, Annex II, 8.1.1., paragraph 2) |
| --- | --- |

78.

Restricted to vehicles with automatic transmission (Directive 91/439/EEC, Annex II, 8.1.1., paragraph 2)

| 79. | (...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of the Directive






  90.01: | to the left |
| --- | --- | --- |
| 90.02: | to the right |
| 90.03: | left |
| 90.04: | right |
| 90.05: | hand |
| 90.06: | foot |
| 90.07: | usable |

79.

(...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of the Directive

90.01:

to the left

90.02:

to the right

90.03:

left

90.04:

right

90.05:

hand

90.06:

foot

90.07:

usable

| 95. | Driver holding CPA meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g. 1.1.2012] |
| --- | --- |

95.

Driver holding CPA meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g. 1.1.2012]

| 96. | Drivers having completed a course of instruction pursuant to Annex V authorising them to drive, for non-commercial purposes, a category B vehicle with a trailer with a maximum mass of over 3 500 kg and not exceeding 4 250 kg. |
| --- | --- |

96.

Drivers having completed a course of instruction pursuant to Annex V authorising them to drive, for non-commercial purposes, a category B vehicle with a trailer with a maximum mass of over 3 500 kg and not exceeding 4 250 kg.

| 97. | Drivers having completed a course of instruction pursuant to Annex VI authorising them to drive, for non-commercial purposes, a motor caravan as defined in Annex II, Part A, point 5.1. to Directive 2001/116/EC, with a maximum mass of over 3 500 kg and not exceeding 4 250 kg, and a load capacity not exceeding 1 000 kg.








  — | codes 100 and above: national codes valid only for driving in the territory of the Member State which issued the licence. |
| --- | --- | --- |

97.

Drivers having completed a course of instruction pursuant to Annex VI authorising them to drive, for non-commercial purposes, a motor caravan as defined in Annex II, Part A, point 5.1. to Directive 2001/116/EC, with a maximum mass of over 3 500 kg and not exceeding 4 250 kg, and a load capacity not exceeding 1 000 kg.

—

codes 100 and above: national codes valid only for driving in the territory of the Member State which issued the licence.

Where a code applies to all categories for which the licence is issued, it may be printed under columns 9, 10 and 11;

| 13. | In implementation of paragraph 3(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence; |
| --- | --- |

13.

In implementation of paragraph 3(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence;

| 14. | A space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.
  With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence; |
| --- | --- |

14.

A space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.

With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence;

| 15. | Medical emergency data must be entered in the space referred to in 14 above. |
| --- | --- |

15.

Medical emergency data must be entered in the space referred to in 14 above.

| (b) | an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4a, 4b, 4c, 5, 10, 11 and 12)
  If a Member State wishes to make the entries in a national language other than one of the following languages:
  Czech,
  Danish, Dutch, English,
  Estonian,
  Finnish, French, German, Greek,
  Hungarian,
  Italian,
  Latvian, Lithuanian, Maltese, Polish,
  Portuguese,
  Slovak, Slovene,
  Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex; |
| --- | --- |

(b)

an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4a, 4b, 4c, 5, 10, 11 and 12)

If a Member State wishes to make the entries in a national language other than one of the following languages:
  Czech,
  Danish, Dutch, English,
  Estonian,
  Finnish, French, German, Greek,
  Hungarian,
  Italian,
  Latvian, Lithuanian, Maltese, Polish,
  Portuguese,
  Slovak, Slovene,
  Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex;

| (c) | a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device. |
| --- | --- |

(c)

a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device.

4.   Special provisions

| (a) | Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose. |
| --- | --- |

(a)

Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose.

| (b) | After consulting the Commission, Member States may add colours or markings, such as bar codes, national symbols and security features, without prejudice to the other provisions of this Annex.
  In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence. |
| --- | --- |

(b)

After consulting the Commission, Member States may add colours or markings, such as bar codes, national symbols and security features, without prejudice to the other provisions of this Annex.

In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence.

COMMUNITY MODEL DRIVING LICENCE

Page 1

DRIVING LICENCE [MEMBER STATE]

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Page 2

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1. Name 2. First name 3. Date and place of birth 4a. Date of issue of driving licence 4b. Official date of expiry 4c. Issued by 5. Serial number of licence 8. Place of residence 9. Category 10. Date of issue, by category 11. Date of expiry, by category 12. Restrictions

SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

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ANNEX II

I.   MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. The tests introduced to this effect must consist of:

| — | a theory test, and then |
| --- | --- |

—

a theory test, and then

| — | a test of skills and behaviour. |
| --- | --- |

—

a test of skills and behaviour.

The conditions under which these tests shall be conducted are set out below.

A.   THEORY TEST

1.   Form

The form chosen shall be such as to make sure that the applicant has the required knowledge of the subjects listed on points 2 to 4.

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be
  exempted only
  from
  those parts of the programme corresponding
  to the common provisions of points 2 to 4
  , without prejudice to the requirement to pass the test
  .

2.   Content of the theory test concerning all vehicle categories

| 2.1. | Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:






  2.1.1. | Road traffic regulations:






  — | in particular as regards road signs, markings and signals, rights of way and speed limits; |
| --- | --- | --- | --- |

2.1.

Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:

2.1.1.

Road traffic regulations:

—

in particular as regards road signs, markings and signals, rights of way and speed limits;

| 2.1.2. | The driver:






  — | importance of alertness and of attitude to other road users, |
| --- | --- | --- |

2.1.2.

The driver:

—

importance of alertness and of attitude to other road users,

| — | perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue; |
| --- | --- |

—

perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue;

| 2.1.3. | The road:






  — | the most important principles concerning the observance of a safe distance between vehicles, braking distances and roadholding under various weather and road conditions, |
| --- | --- | --- |

2.1.3.

The road:

—

the most important principles concerning the observance of a safe distance between vehicles, braking distances and roadholding under various weather and road conditions,

| — | driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night, |
| --- | --- |

—

driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night,

| — | characteristics of various types of road and the related statutory requirements; |
| --- | --- |

—

characteristics of various types of road and the related statutory requirements;

| 2.1.4. | Other road users:






  — | specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists
  , motorcyclists
  and people whose mobility is reduced, |
| --- | --- | --- |

2.1.4.

Other road users:

—

specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists
  , motorcyclists
  and people whose mobility is reduced,

| — | risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers; |
| --- | --- |

—

risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers;

| 2.1.5. | General rules and regulations and other matters:






  — | rules concerning the administrative documents required for the use of vehicles, |
| --- | --- | --- |

2.1.5.

General rules and regulations and other matters:

—

rules concerning the administrative documents required for the use of vehicles,

| — | general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary, |
| --- | --- |

—

general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary,

| — | safety factors relating to the vehicle, the load and persons carried; |
| --- | --- |

—

safety factors relating to the vehicle, the load and persons carried;

| 2.1.6. | Precautions necessary when alighting from the vehicle; |
| --- | --- |

2.1.6.

Precautions necessary when alighting from the vehicle;

| 2.1.7. | Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device; |
| --- | --- |

2.1.7.

Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device;

| 2.1.8. | Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment; |
| --- | --- |

2.1.8.

Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment;

| 2.1.9. | Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.). |
| --- | --- |

2.1.9.

Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.).

3.   Specific provisions concerning
  categories A, A2 and A1

| 3.1. | Compulsory check of general knowledge on:






  3.1.1. | Use of protective outfit such as gloves, boots, clothes and safety helmet; |
| --- | --- | --- |

3.1.

Compulsory check of general knowledge on:

3.1.1.

Use of protective outfit such as gloves, boots, clothes and safety helmet;

| 3.1.2. | Visibility of motorcycle riders for other road users; |
| --- | --- |

3.1.2.

Visibility of motorcycle riders for other road users;

| 3.1.3. | Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails; |
| --- | --- |

3.1.3.

Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails;

| 3.1.4. | Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain. |
| --- | --- |

3.1.4.

Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain.

4.   Specific provisions concerning categories C, C + E, C1, C1 + E, D, D + E, D1 and D1 + E

| 4.1. | Compulsory check of general knowledge on:






  4.1.1. | Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport
   (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
   (2), |
| --- | --- | --- |

4.1.

Compulsory check of general knowledge on:

4.1.1.

Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport
   (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
   (2),

| 4.1.2. | Rules concerning the type of transport concerned: goods or passengers; |
| --- | --- |

4.1.2.

Rules concerning the type of transport concerned: goods or passengers;

| 4.1.3. | Vehicle and transport documents required for the national and international carriage of goods and passengers; |
| --- | --- |

4.1.3.

Vehicle and transport documents required for the national and international carriage of goods and passengers;

| 4.1.4. | How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid; |
| --- | --- |

4.1.4.

How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid;

| 4.1.5. | The precautions to be taken during the removal and replacement of wheels; |
| --- | --- |

4.1.5.

The precautions to be taken during the removal and replacement of wheels;

| 4.1.6. | Rules on vehicle weights and dimensions; rules on speed limiters; |
| --- | --- |

4.1.6.

Rules on vehicle weights and dimensions; rules on speed limiters;

| 4.1.7. | Obstruction of the field of view caused by the characteristics of their vehicles; |
| --- | --- |

4.1.7.

Obstruction of the field of view caused by the characteristics of their vehicles;

| 4.1.8. | Reading a road map, route planning, including the use of electronic navigation systems (optional); |
| --- | --- |

4.1.8.

Reading a road map, route planning, including the use of electronic navigation systems (optional);

| 4.1.9. | Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, C + E, C1, C1 + E only); |
| --- | --- |

4.1.9.

Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, C + E, C1, C1 + E only);

| 4.1.10. | The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, D + E, D1, D1 + E only). |
| --- | --- |

4.1.10.

The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, D + E, D1, D1 + E only).

| 4.2. | Compulsory check of general knowledge on the following additional provisions concerning categories C, C + E, D and D + E:






  4.2.1. | The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.); |
| --- | --- | --- |

4.2.

Compulsory check of general knowledge on the following additional provisions concerning categories C, C + E, D and D + E:

4.2.1.

The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.);

| 4.2.2. | Lubrication and antifreeze protection; |
| --- | --- |

4.2.2.

Lubrication and antifreeze protection;

| 4.2.3. | The principles of the construction, the fitting, correct use and care of tyres; |
| --- | --- |

4.2.3.

The principles of the construction, the fitting, correct use and care of tyres;

| 4.2.4. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes; |
| --- | --- |

4.2.4.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes;

| 4.2.5. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories C + E, D + E only); |
| --- | --- |

4.2.5.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories C + E, D + E only);

| 4.2.6. | Methods of locating causes of breakdowns; |
| --- | --- |

4.2.6.

Methods of locating causes of breakdowns;

| 4.2.7. | Preventive maintenance of vehicles and necessary running repairs; |
| --- | --- |

4.2.7.

Preventive maintenance of vehicles and necessary running repairs;

| 4.2.8. | The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, C + E only). |
| --- | --- |

4.2.8.

The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, C + E only).

B.   TEST OF SKILLS AND BEHAVIOUR

5.   The vehicle and its equipment

| 5.1. | The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.
  If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.

  In the event of such applicant's subsequently passing a skills test focussing solely on the operation of the transmission of a vehicle with manual transmission, this indication shall be removed.

  ‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes. |
| --- | --- |

5.1.

The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.

If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.

‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes.

| 5.2. | The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given
  below
  . | Category A1:
  Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h |
| --- | --- | --- |

5.2.

The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given
  below
  .

Category A1:

Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h

| | Category A2:
  Category A2 motorcycle without sidecar, with a cubic capacity of at least 375 cm3, and an engine power of at least 25 kW |
| --- | --- |

Category A2:

Category A2 motorcycle without sidecar, with a cubic capacity of at least 375 cm3, and an engine power of at least 25 kW

| | Category A:
  Category A motorcycle without
  sidecar, and
  an engine power of at least 35 kW |
| --- | --- |

Category A:

Category A motorcycle without
  sidecar, and
  an engine power of at least 35 kW

| | Category B:
  A four-wheeled category B vehicle capable of a speed of at least 100 km/h; |
| --- | --- |

Category B:

A four-wheeled category B vehicle capable of a speed of at least 100 km/h;

| | Category B + E:
  A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass; |
| --- | --- |

Category B + E:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

| | Category B1:
  A motor-powered tricycle or quadricycle capable of a speed of at least 60 km/h; |
| --- | --- |

Category B1:

A motor-powered tricycle or quadricycle capable of a speed of at least 60 km/h;

| | Category C:
  A category C vehicle with a maximum authorised mass of at least 12 000kg, a length of at least eight metres, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000kg real total mass; |
| --- | --- |

Category C:

A category C vehicle with a maximum authorised mass of at least 12 000kg, a length of at least eight metres, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000kg real total mass;

| | Category C + E:
  either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 metres in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000kg, a length of at least 14 metres and a width of at least 2,40 metres, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000kg real total mass; |
| --- | --- |

Category C + E:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 metres in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000kg, a length of at least 14 metres and a width of at least 2,40 metres, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000kg real total mass;

| | Category C1:
  A subcategory C1 vehicle with a maximum authorised mass of at least 4 000kg, with a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; |
| --- | --- |

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000kg, with a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;

| | Category C1 + E:
  A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250kg; this combination shall be at least eight metres in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass; |
| --- | --- |

Category C1 + E:

A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250kg; this combination shall be at least eight metres in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

| | Category D:
  A category D vehicle with a length of at least 10 metres, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; |
| --- | --- |

Category D:

A category D vehicle with a length of at least 10 metres, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

| | Category D + E:
  A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250kg, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least two metres wide and two metres high; the trailer shall be presented with a minimum of 800 kg real total mass; |
| --- | --- |

Category D + E:

A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250kg, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least two metres wide and two metres high; the trailer shall be presented with a minimum of 800 kg real total mass;

| | Category D1:
  A subcategory D 1 vehicle with a maximum authorised mass of at least 4 000kg, with a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; |
| --- | --- |

Category D1:

A subcategory D 1 vehicle with a maximum authorised mass of at least 4 000kg, with a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

| | Category D1 + E:
  A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least two metres wide and two metres high; the trailer shall be presented with a minimum of 800 kg real total mass;
  Testing vehicles for categories B + E, C, C + E, C1, C1 + E, D, D + E, D1 and D1 + E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Commission Directive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of this Directive. |
| --- | --- |

Category D1 + E:

A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least two metres wide and two metres high; the trailer shall be presented with a minimum of 800 kg real total mass;

Testing vehicles for categories B + E, C, C + E, C1, C1 + E, D, D + E, D1 and D1 + E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Commission Directive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of this Directive.

6.   Skills and behaviour to be tested concerning
  categories A, A2, and A1

| 6.1. | Preparation and technical check of the vehicle with a bearing on road safety
  Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:






  6.1.1. | Adjust the protective outfit, such as gloves, boots, clothes and safety helmet; |
| --- | --- | --- |

6.1.

Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

6.1.1.

Adjust the protective outfit, such as gloves, boots, clothes and safety helmet;

| 6.1.2. | Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device. |
| --- | --- |

6.1.2.

Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device.

| 6.2. | Special manoeuvres to be tested with a bearing on road safety






  6.2.1. | Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle; |
| --- | --- | --- |

6.2.

Special manoeuvres to be tested with a bearing on road safety

6.2.1.

Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle;

| 6.2.2. | Parking the motorcycle on its stand; |
| --- | --- |

6.2.2.

Parking the motorcycle on its stand;

| 6.2.3. | At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests; |
| --- | --- |

6.2.3.

At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests;

| 6.2.4. | At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears; |
| --- | --- |

6.2.4.

At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears;

| 6.2.5. | Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.
  The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of this Directive. |
| --- | --- |

6.2.5.

Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.

The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of this Directive.

| 6.3. | Behaviour in traffic
  Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:






  6.3.1. | Riding away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- | --- |

6.3.

Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

6.3.1.

Riding away: after parking, after a stop in traffic; exiting a driveway;

| 6.3.2. | Riding on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

6.3.2.

Riding on straight roads; passing oncoming vehicles, including in confined spaces;

| 6.3.3. | Riding round bends; |
| --- | --- |

6.3.3.

Riding round bends;

| 6.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

6.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 6.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

6.3.5.

Changing direction: left and right turns; changing lanes;

| 6.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

6.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 6.3.7. | Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

6.3.7.

Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 6.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; |
| --- | --- |

6.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes;

| 6.3.9. | Taking the necessary precautions when getting off the vehicle. |
| --- | --- |

6.3.9.

Taking the necessary precautions when getting off the vehicle.

7.   Skills and behaviour to be tested concerning categories B, B1 and B + E

| 7.1. | Preparation and technical check of the vehicle with a bearing on road safety
  Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:






  7.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- | --- |

7.1.

Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

7.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 7.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

7.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 7.1.3. | Checking that the doors are closed; |
| --- | --- |

7.1.3.

Checking that the doors are closed;

| 7.1.4. | Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

7.1.4.

Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device;

| 7.1.5. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category B + E only); |
| --- | --- |

7.1.5.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category B + E only);

| 7.1.6. | Checking the coupling mechanism and the brake and electrical connections (category B + E only); |
| --- | --- |

7.1.6.

Checking the coupling mechanism and the brake and electrical connections (category B + E only);

| 7.2. | Categories B and B1: special manoeuvres to be tested with a bearing on road safety
  A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):






  7.2.1. | Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane; |
| --- | --- | --- |

7.2.

Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):

7.2.1.

Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane;

| 7.2.2. | Turning the vehicle to face the opposite way, using forward and reverse gears; |
| --- | --- |

7.2.2.

Turning the vehicle to face the opposite way, using forward and reverse gears;

| 7.2.3. | Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill); |
| --- | --- |

7.2.3.

Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill);

| 7.2.4. | Braking accurately to a stop; however, performing an emergency stop is optional. |
| --- | --- |

7.2.4.

Braking accurately to a stop; however, performing an emergency stop is optional.

| 7.3. | Category B + E: special manoeuvres to be tested with a bearing on road safety






  7.3.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line); |
| --- | --- | --- |

7.3.

Category B + E: special manoeuvres to be tested with a bearing on road safety

7.3.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line);

| 7.3.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

7.3.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 7.3.3. | Parking safely for loading/unloading. |
| --- | --- |

7.3.3.

Parking safely for loading/unloading.

| 7.4. | Behaviour in traffic
  Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:






  7.4.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- | --- |

7.4.

Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

7.4.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 7.4.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

7.4.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 7.4.3. | Driving round bends; |
| --- | --- |

7.4.3.

Driving round bends;

| 7.4.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

7.4.4.

Crossroads: approaching and crossing of intersections and junctions;

| 7.4.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

7.4.5.

Changing direction: left and right turns; changing lanes;

| 7.4.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

7.4.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 7.4.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

7.4.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 7.4.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

7.4.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 7.4.9. | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

7.4.9.

Taking the necessary precautions when alighting from the vehicle.

8.   Skills and behaviour to be tested concerning categories C, C + E, C1, C1 + E, D, D + E, D1 and D1 + E

| 8.1. | Preparation and technical check of the vehicle with a bearing on road safety
  Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:






  8.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- | --- |

8.1.

Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

8.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 8.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

8.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 8.1.3. | Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

8.1.3.

Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device;

| 8.1.4. | Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85; |
| --- | --- |

8.1.4.

Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85;

| 8.1.5. | Checking the air pressure, air tanks and the suspension; |
| --- | --- |

8.1.5.

Checking the air pressure, air tanks and the suspension;

| 8.1.6. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, C + E, C1, C1 + E only); |
| --- | --- |

8.1.6.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, C + E, C1, C1 + E only);

| 8.1.7. | Checking the coupling mechanism and the brake and electrical connections (categories C + E, C1 + E, D + E, D1 + E only); |
| --- | --- |

8.1.7.

Checking the coupling mechanism and the brake and electrical connections (categories C + E, C1 + E, D + E, D1 + E only);

| 8.1.8. | Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, D + E, D1, D1 + E only); |
| --- | --- |

8.1.8.

Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, D + E, D1, D1 + E only);

| 8.1.9. | Reading a road map, route planning, including the use of electronic navigation systems (optional). |
| --- | --- |

8.1.9.

Reading a road map, route planning, including the use of electronic navigation systems (optional).

| 8.2. | Special manoeuvres to be tested with a bearing on road safety






  8.2.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories C + E, C1 + E, D + E, D1 + E only); |
| --- | --- | --- |

8.2.

Special manoeuvres to be tested with a bearing on road safety

8.2.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories C + E, C1 + E, D + E, D1 + E only);

| 8.2.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

8.2.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 8.2.3. | Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, C + E, C1, C1 + E only); |
| --- | --- |

8.2.3.

Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, C + E, C1, C1 + E only);

| 8.2.4. | Parking to let passengers on or off the bus safely (categories D, D + E, D1, D1 + E only). |
| --- | --- |

8.2.4.

Parking to let passengers on or off the bus safely (categories D, D + E, D1, D1 + E only).

| 8.3. | Behaviour in traffic
  Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:






  8.3.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- | --- |

8.3.

Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

8.3.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 8.3.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

8.3.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 8.3.3. | Driving round bends; |
| --- | --- |

8.3.3.

Driving round bends;

| 8.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

8.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 8.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

8.3.5.

Changing direction: left and right turns; changing lanes;

| 8.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

8.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 8.3.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

8.3.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 8.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

8.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 8.3.9. | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

8.3.9.

Taking the necessary precautions when alighting from the vehicle.

9.   Marking of the test of skills and behaviour

| 9.1. | For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.
  Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex. |
| --- | --- |

9.1.

For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.

Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex.

| 9.2. | During their assessment, driving examiners shall pay special attention to the fact whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation. |
| --- | --- |

9.2.

During their assessment, driving examiners shall pay special attention to the fact whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation.

| 9.3. | The driving examiner will furthermore assess whether the applicant is:






  9.3.1. | Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories B + E, C, C + E, C1, C1 + E, D + E, D1 + E only); the comfort of the passengers (categories D, D + E, D1, D1 + E only) (no fast acceleration, smoothly driving and no hard braking); |
| --- | --- | --- |

9.3.

The driving examiner will furthermore assess whether the applicant is:

9.3.1.

Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories B + E, C, C + E, C1, C1 + E, D + E, D1 + E only); the comfort of the passengers (categories D, D + E, D1, D1 + E only) (no fast acceleration, smoothly driving and no hard braking);

| 9.3.2. | Driving economically and environmentally friendly, taking into account the revolutions per minute, changing gears, braking and accelerating (categories B + E, C, C + E, C1, C1 + E, D, D + E, D1, D1 + E only); |
| --- | --- |

9.3.2.

Driving economically and environmentally friendly, taking into account the revolutions per minute, changing gears, braking and accelerating (categories B + E, C, C + E, C1, C1 + E, D, D + E, D1, D1 + E only);

| 9.3.3. | Observation: all-round observation; proper use of mirrors; far, middle, near distance vision; |
| --- | --- |

9.3.3.

Observation: all-round observation; proper use of mirrors; far, middle, near distance vision;

| 9.3.4. | Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres); |
| --- | --- |

9.3.4.

Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres);

| 9.3.5. | Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning; |
| --- | --- |

9.3.5.

Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning;

| 9.3.6. | Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users; |
| --- | --- |

9.3.6.

Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users;

| 9.3.7. | Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users; |
| --- | --- |

9.3.7.

Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users;

| 9.3.8. | Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings; |
| --- | --- |

9.3.8.

Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings;

| 9.3.9. | Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users; |
| --- | --- |

9.3.9.

Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users;

| 9.3.10. | Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, C + E, D, D + E); using speed reduction systems other than the brakes (only for categories C, C + E, D, D + E). |
| --- | --- |

9.3.10.

Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, C + E, D, D + E); using speed reduction systems other than the brakes (only for categories C, C + E, D, D + E).

10.   Length of the test

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for
  categories A
  , A2,
  A1, B, B1 and B + E
  and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11.   Location of the test

The part of the test to assess the special manoeuvres may be conducted on a special testing ground. Wherever practicable, the part of the test to assess behaviour in traffic should be conducted on roads outside built-up areas, expressways and motorways (or similar), as well as on all kinds of urban streets (residential areas, 30 and 50 km/h areas, urban expressways) which should represent the various types of difficulty likely to be encountered by drivers. It is also desirable for the test to take place in various traffic density conditions. The time spent driving on the road should be used in an optimal way to assess the applicant in all the various traffic areas that can be encountered, with a special emphasis on changing between these areas.

II.   KNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE

Drivers of all power-driven vehicles must at any moment have the knowledge, skills and behaviour described under points 1 to 9 above, with a view to be able to:

| — | recognise traffic dangers and assess their seriousness; |
| --- | --- |

—

recognise traffic dangers and assess their seriousness;

| — | have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur; |
| --- | --- |

—

have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur;

| — | comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic; |
| --- | --- |

—

comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic;

| — | detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion; |
| --- | --- |

—

detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion;

| — | take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely; |
| --- | --- |

—

take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely;

| — | help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others. |
| --- | --- |

—

help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others.

Member States may implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and these skills and will continue to exhibit such behaviour required for driving a motor vehicle.

---

(1)  OJ L 370, 31.12.1985, p. 1.

(2)  OJ L 370, 31.12.1985, p. 8.

ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

DEFINITIONS

| 1. | For the purpose of this Annex, drivers are classified in two groups:






  1.1. | Group 1:
  drivers of vehicles in
  categories
  AM, A, A1, A2, B, B1 and B + E. |
| --- | --- | --- |

1.

For the purpose of this Annex, drivers are classified in two groups:

1.1.

Group 1:

drivers of vehicles in
  categories
  AM, A, A1, A2, B, B1 and B + E.

| 1.2. | Group 2:
  drivers of vehicles of categories C, C + E, C1, C1 + E D, D + E, D1 and D1 + E. |
| --- | --- |

1.2.

Group 2:

drivers of vehicles of categories C, C + E, C1, C1 + E D, D + E, D1 and D1 + E.

| 1.3. | National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.). |
| --- | --- |

1.3.

National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.).

| 2. | Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed. |
| --- | --- |

2.

Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed.

MEDICAL EXAMINATIONS

| 3. | Group 1:
  Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex. |
| --- | --- |

3.

Group 1:

Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex.

| 4. | Group 2:
  Applicants shall undergo a medical examination before a driving licence is first issued to them and thereafter drivers shall undergo such periodic examinations as may be provided for in the national legislation of their Member State of legal residence whenever their driving licence is renewed. |
| --- | --- |

4.

Group 2:

Applicants shall undergo a medical examination before a driving licence is first issued to them and thereafter drivers shall undergo such periodic examinations as may be provided for in the national legislation of their Member State of legal residence whenever their driving licence is renewed.

| 5. | The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex. |
| --- | --- |

5.

The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex.

SIGHT

| 6. | All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competed medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.
  For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses.
  Group 1:






  6.1. | Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120 °, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye ideas is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority. |
| --- | --- | --- |

6.

All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competed medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.

For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses.

Group 1:

6.1.

Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120 °, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye ideas is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority.

| 6.2. | Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal. |
| --- | --- |

6.2.

Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal.

Group 2:

| 6.3. | Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia. |
| --- | --- |

6.3.

Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia.

HEARING

| 7. | Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation. |
| --- | --- |

7.

Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation.

PERSONS WITH A LOCOMOTOR DISABILITY

| 8. | Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle.
  Group 1:






  8.1. | Driving licences subject to certain restrictions, if necessary, may be issued to physically handicapped applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous. |
| --- | --- | --- |

8.

Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle.

Group 1:

8.1.

Driving licences subject to certain restrictions, if necessary, may be issued to physically handicapped applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous.

| 8.2. | Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.
  Where the handicap is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination. |
| --- | --- |

8.2.

Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.

Where the handicap is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination.

Group 2:

| 8.3. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

8.3.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

CARDIOVASCULAR DISEASES

| 9. | Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.
  Group 1:






  9.1. | Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhytmia. |
| --- | --- | --- |

9.

Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

Group 1:

9.1.

Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhytmia.

| 9.2. | Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical
  check-ups. |
| --- | --- |

9.2.

Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical
  check-ups.

| 9.3. | Generally
  speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups. |
| --- | --- |

9.3.

Generally
  speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups.

Group 2:

| 9.4. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

9.4.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DIABETES MELLITUS

| 10. | Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus,
  provided that the driver is non-insulin dependent or in cases where the driver is insulin dependent (type 1),
  subject to
  a
  medical
  authorisation.


  Group 2:






  10.1. | Driving
  licences
  may
  be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, where duly justified by authorised medical opinion.
  It shall be incumbent on drivers to notify the relevant national authorities of any changes to their condition. |
| --- | --- | --- |

10.

Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus,
  provided that the driver is non-insulin dependent or in cases where the driver is insulin dependent (type 1),
  subject to
  a
  medical
  authorisation.

Group 2:

10.1.

Driving
  licences
  may
  be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, where duly justified by authorised medical opinion.
  It shall be incumbent on drivers to notify the relevant national authorities of any changes to their condition.

NEUROLOGICAL DISEASES

| 11. | Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.
  Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration. |
| --- | --- |

11.

Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.

| 12. | Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.
  Group 1:






  12.1. | A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof.

  During this process, the patient shall have the right to be represented by the medical practitioner of his or her choice. |
| --- | --- | --- |

12.

Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.

Group 1:

12.1.

A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof.

Group 2:

| 12.2. | Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness. |
| --- | --- |

12.2.

Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness.

MENTAL DISORDERS

Group 1:

| 13.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:






  — | severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations, |
| --- | --- | --- |

13.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:

—

severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations,

| — | severe mental retardation, |
| --- | --- |

—

severe mental retardation,

| — | severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability, |
| --- | --- |

—

severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability,

unless their application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

Group 2:

| 13.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

13.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

ALCOHOL

| 14. | Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant.
  Group 1:






  14.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.
  After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol. |
| --- | --- | --- |

14.

Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant.

Group 1:

14.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.

After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol.

Group 2:

| 14.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

14.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DRUGS AND MEDICINAL PRODUCTS

| 15. | Abuse:
  Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested.
  Regular use:
  Group 1:






  15.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive. |
| --- | --- | --- |

15.

Abuse:

Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested.

Regular use:

Group 1:

15.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive.

Group 2:

| 15.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group. |
| --- | --- |

15.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group.

RENAL DISORDERS

Group 1:

| 16.1. | Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups. |
| --- | --- |

16.1.

Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups.

Group 2:

| 16.2. | Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency. |
| --- | --- |

16.2.

Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency.

MISCELLANEOUS PROVISIONS

Group 1:

| 17.1. | Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive. |
| --- | --- |

17.1.

Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive.

Group 2:

| 17.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

17.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

| 18. | As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups. |
| --- | --- |

18.

As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

ANNEX IV

INITIAL QUALIFICATION AND PERIODICAL TRAINING OF DRIVING LICENCE EXAMINERS

Minimum requirements to be met by persons conducting practical driving licence examinations

1.

| 1. | Qualifications required for driving licence examiners






  1.1. | A person entitled to assess an applicant's practical driving performance in a vehicle must have the knowledge and skills needed to cover the subjects listed in points 1.2 to 1.6 as well as having the necessary understanding. |
| --- | --- | --- |

Qualifications required for driving licence examiners

1.1.

A person entitled to assess an applicant's practical driving performance in a vehicle must have the knowledge and skills needed to cover the subjects listed in points 1.2 to 1.6 as well as having the necessary understanding.

| 1.2. | A driving licence examiner must be so qualified as to be able to assess the driving performance of an applicant seeking to obtain a driving licence for the category covered by the driving test. |
| --- | --- |

1.2.

A driving licence examiner must be so qualified as to be able to assess the driving performance of an applicant seeking to obtain a driving licence for the category covered by the driving test.

| 1.3. | Knowledge and understanding as regards driving and assessment:






  — | theory of driver behaviour; |
| --- | --- | --- |

1.3.

Knowledge and understanding as regards driving and assessment:

—

theory of driver behaviour;

| — | recognition of danger and avoidance of accidents; |
| --- | --- |

—

recognition of danger and avoidance of accidents;

| — | familiarity with the body of driving test requirements; |
| --- | --- |

—

familiarity with the body of driving test requirements;

| — | driving test requirements; |
| --- | --- |

—

driving test requirements;

| — | road traffic regulations, including the relevant Community and national laws and interpretation guidelines; |
| --- | --- |

—

road traffic regulations, including the relevant Community and national laws and interpretation guidelines;

| — | assessment theory and practice; |
| --- | --- |

—

assessment theory and practice;

| — | defensive driving. |
| --- | --- |

—

defensive driving.

| 1.4. | Assessment skills:






  — | ability accurately to observe, supervise, and assess an applicant's overall performance, with particular reference to






  — | proper and full recognition of dangerous situations; |
| --- | --- | --- | --- |

1.4.

Assessment skills:

—

ability accurately to observe, supervise, and assess an applicant's overall performance, with particular reference to

—

proper and full recognition of dangerous situations;

| — | exact identification of the causes and the likely effects of such situations; |
| --- | --- |

—

exact identification of the causes and the likely effects of such situations;

| — | aptitude and recognition of mistakes; |
| --- | --- |

—

aptitude and recognition of mistakes;

| — | consistency and coherence of the assessment; |
| --- | --- |

—

consistency and coherence of the assessment;

| — | ability to absorb information rapidly and focus on key points; |
| --- | --- |

—

ability to absorb information rapidly and focus on key points;

| — | anticipation, recognising potential problems and responding in ways suitable to cope with them; |
| --- | --- |

—

anticipation, recognising potential problems and responding in ways suitable to cope with them;

| — | prompt and constructive feedback. |
| --- | --- |

—

prompt and constructive feedback.

| 1.5. | Personal driving skills
  A person licensed to conduct a practical driving licence examination for a given category must be capable of driving vehicles in that category to a consistently high standard. |
| --- | --- |

1.5.

Personal driving skills

A person licensed to conduct a practical driving licence examination for a given category must be capable of driving vehicles in that category to a consistently high standard.

| 1.6. | Quality of service






  — | specifying what is to be expected in the test and putting that information across to the client; |
| --- | --- | --- |

1.6.

Quality of service

—

specifying what is to be expected in the test and putting that information across to the client;

| — | communicating clearly, choosing content, style and language to suit the audience and context and dealing with inquiries from customers; |
| --- | --- |

—

communicating clearly, choosing content, style and language to suit the audience and context and dealing with inquiries from customers;

| — | clear feedback regarding the test result; |
| --- | --- |

—

clear feedback regarding the test result;

| — | treating all clients respectfully and without discrimination |
| --- | --- |

—

treating all clients respectfully and without discrimination

| 1.7. | Knowledge of vehicle mechanics and physics






  — | knowledge of vehicle mechanics, covering for example steering, tyres, brakes and lighting, especially in motorcycles and heavy goods vehicles; |
| --- | --- | --- |

1.7.

Knowledge of vehicle mechanics and physics

—

knowledge of vehicle mechanics, covering for example steering, tyres, brakes and lighting, especially in motorcycles and heavy goods vehicles;

| — | securing of loads; |
| --- | --- |

—

securing of loads;

| — | knowledge of aspects of vehicle physics such as speed, friction, dynamics, and energy. |
| --- | --- |

—

knowledge of aspects of vehicle physics such as speed, friction, dynamics, and energy.

| 1.8. | Economical and environment-friendly driving. |
| --- | --- |

1.8.

Economical and environment-friendly driving.

| 2. | General conditions






  2.1. | A category B driving licence examiner






  (a) | must have held a category B licence for at least three years; |
| --- | --- | --- | --- |

2.

General conditions

2.1.

A category B driving licence examiner

(a)

must have held a category B licence for at least three years;

| (b) | must be at least 23 years old; |
| --- | --- |

(b)

must be at least 23 years old;

| (c) | must have successfully obtained the initial qualification provided for in point 3 and must thereafter follow periodic training each year as provided for in point 4; |
| --- | --- |

(c)

must have successfully obtained the initial qualification provided for in point 3 and must thereafter follow periodic training each year as provided for in point 4;

| (d) | must have completed professional training leading to a stage 3 qualification within the meaning of Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training obligations between the Member States of the European Community (1); |
| --- | --- |

(d)

must have completed professional training leading to a stage 3 qualification within the meaning of Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training obligations between the Member States of the European Community (1);

| (e) | may not be simultaneously employed as a commercial driving instructor in a driving school. |
| --- | --- |

(e)

may not be simultaneously employed as a commercial driving instructor in a driving school.

| 2.2. | A driving licence examiner for the other categories






  (a) | must hold a driving licence in the category concerned; |
| --- | --- | --- |

2.2.

A driving licence examiner for the other categories

(a)

must hold a driving licence in the category concerned;

| (b) | must have successfully obtained the initial qualification provided for in point 3 and must thereafter follow periodic further training each year as provided for in point 4; |
| --- | --- |

(b)

must have successfully obtained the initial qualification provided for in point 3 and must thereafter follow periodic further training each year as provided for in point 4;

| (c) | must have worked for at least three years as a category B driving licence examiner; that period may be shortened by a year if the examiner can furnish






  — | evidence of at least five years' driving experience in the category concerned or |
| --- | --- | --- |

(c)

must have worked for at least three years as a category B driving licence examiner; that period may be shortened by a year if the examiner can furnish

—

evidence of at least five years' driving experience in the category concerned or

| — | theoretical and practical evidence of driving of a standard exceeding the conditions for obtaining a driving licence and hence rendering the above requirement superfluous; |
| --- | --- |

—

theoretical and practical evidence of driving of a standard exceeding the conditions for obtaining a driving licence and hence rendering the above requirement superfluous;

| (d) | must have completed professional training leading to a stage 3 qualification within the meaning of Decision 85/368/EEC; |
| --- | --- |

(d)

must have completed professional training leading to a stage 3 qualification within the meaning of Decision 85/368/EEC;

| (e) | may not be simultaneously employed as a commercial driving instructor in a driving school. |
| --- | --- |

(e)

may not be simultaneously employed as a commercial driving instructor in a driving school.

| 2.3. | Equivalences






  2.3.1. | Member States may permit an examiner to conduct category AM, A1, A2, and A driving tests if he has obtained the initial qualification required for those categories in accordance with point 3. |
| --- | --- | --- |

2.3.

Equivalences

2.3.1.

Member States may permit an examiner to conduct category AM, A1, A2, and A driving tests if he has obtained the initial qualification required for those categories in accordance with point 3.

| 2.3.2. | Member States may permit an examiner to conduct category C1, C, D1, and D driving tests if he has obtained the initial qualification required for those categories in accordance with point 3. |
| --- | --- |

2.3.2.

Member States may permit an examiner to conduct category C1, C, D1, and D driving tests if he has obtained the initial qualification required for those categories in accordance with point 3.

| 2.3.3. | Member States may permit an examiner to conduct category BE, C1 E, CE, D1 E, and DE driving tests if he has obtained the initial qualification required for these categories in accordance with point 3. |
| --- | --- |

2.3.3.

Member States may permit an examiner to conduct category BE, C1 E, CE, D1 E, and DE driving tests if he has obtained the initial qualification required for these categories in accordance with point 3.

| 3. | Initial qualification






  3.1. | Initial training






  3.1.1. | Before being allowed to conduct driving tests, a person must have successfully completed a training programme under such rules as the Member State concerned may have laid down, in order thereby to obtain the qualification referred to in point 1. |
| --- | --- | --- | --- |

3.

Initial qualification

3.1.

Initial training

3.1.1.

Before being allowed to conduct driving tests, a person must have successfully completed a training programme under such rules as the Member State concerned may have laid down, in order thereby to obtain the qualification referred to in point 1.

| 3.1.2. | Member States must determine whether the content of a given training programme relates to a licence to conduct driving licence examinations in a single category or in several categories. |
| --- | --- |

3.1.2.

Member States must determine whether the content of a given training programme relates to a licence to conduct driving licence examinations in a single category or in several categories.

| 3.2. | Tests






  3.2.1. | Before being allowed to conduct driving tests, a person must prove that he or she has sufficient knowledge, understanding, skills and aptitude to cover all the fields listed in point 1. |
| --- | --- | --- |

3.2.

Tests

3.2.1.

Before being allowed to conduct driving tests, a person must prove that he or she has sufficient knowledge, understanding, skills and aptitude to cover all the fields listed in point 1.

| 3.2.2. | Member States shall lay down a test procedure serving to determine in an appropriate manner from an instructional point of view whether the person concerned has the qualification referred to in point 1 and in particular point 1.4. The test procedure must comprise both a theoretical and a practical component. Computer-assisted forms of assessment shall be permitted where appropriate. The details regarding the nature and duration of individual tests and assessments for test purposes shall be a matter for the discretion of the Member State concerned. |
| --- | --- |

3.2.2.

Member States shall lay down a test procedure serving to determine in an appropriate manner from an instructional point of view whether the person concerned has the qualification referred to in point 1 and in particular point 1.4. The test procedure must comprise both a theoretical and a practical component. Computer-assisted forms of assessment shall be permitted where appropriate. The details regarding the nature and duration of individual tests and assessments for test purposes shall be a matter for the discretion of the Member State concerned.

| 3.2.3. | Member States must determine whether the content of a given test relates to a licence to conduct driving licence examinations in a single category or in several categories. |
| --- | --- |

3.2.3.

Member States must determine whether the content of a given test relates to a licence to conduct driving licence examinations in a single category or in several categories.

| 4. | Quality assurance and periodic further training






  4.1. | Quality assurance






  4.1.1. | Member States must lay down quality assurance arrangements to enable the standard of the requirements applying to examiners to be maintained. |
| --- | --- | --- | --- |

4.

Quality assurance and periodic further training

4.1.

Quality assurance

4.1.1.

Member States must lay down quality assurance arrangements to enable the standard of the requirements applying to examiners to be maintained.

| 4.1.2. | Quality assurance arrangements should cover monitoring of the work of examiners, their further training and renewal of their licences, their ongoing professional development, and regular review of the results of the driving tests conducted by them. |
| --- | --- |

4.1.2.

Quality assurance arrangements should cover monitoring of the work of examiners, their further training and renewal of their licences, their ongoing professional development, and regular review of the results of the driving tests conducted by them.

| 4.1.3. | Under the quality assurance arrangements referred to in point 4.1.2 Member States must ensure that every examiner is monitored annually. In addition they must ensure that every examiner is monitored once every five years when conducting driving tests for a total minimum period of half a day, thus enabling several driving tests to be monitored. The monitor must be authorised for that purpose by the Member State concerned. |
| --- | --- |

4.1.3.

Under the quality assurance arrangements referred to in point 4.1.2 Member States must ensure that every examiner is monitored annually. In addition they must ensure that every examiner is monitored once every five years when conducting driving tests for a total minimum period of half a day, thus enabling several driving tests to be monitored. The monitor must be authorised for that purpose by the Member State concerned.

| 4.1.4. | If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective monitoring requirements applying to several categories will be satisfied if monitoring is carried out for a single category. |
| --- | --- |

4.1.4.

If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective monitoring requirements applying to several categories will be satisfied if monitoring is carried out for a single category.

| 4.1.5. | Driving tests must be observed and supervised by an agency authorised to do so by the Member State concerned, so as to ensure that assessments are made properly and in a uniform way. |
| --- | --- |

4.1.5.

Driving tests must be observed and supervised by an agency authorised to do so by the Member State concerned, so as to ensure that assessments are made properly and in a uniform way.

| 4.2. | Periodic further training






  4.2.1. | Member States shall ensure that, to retain their licence, irrespective of the number of categories to which it applies, examiners undergo:
  a total of at least four days' periodic further training within a two-year period in order to:






  — | maintain and brush up the knowledge and skills that they need; |
| --- | --- | --- | --- |

4.2.

Periodic further training

4.2.1.

Member States shall ensure that, to retain their licence, irrespective of the number of categories to which it applies, examiners undergo:

a total of at least four days' periodic further training within a two-year period in order to:

—

maintain and brush up the knowledge and skills that they need;

| — | develop new abilities that have become necessary to enable them to carry on their occupation; |
| --- | --- |

—

develop new abilities that have become necessary to enable them to carry on their occupation;

| — | ensure that examiners continue to conduct tests in accordance with fair and uniform requirements; |
| --- | --- |

—

ensure that examiners continue to conduct tests in accordance with fair and uniform requirements;

a total of at least five days' periodic further training within a five-year period in order to develop and maintain the necessary practical driving skills.

| 4.2.2. | Member States shall take the steps required to ensure that examiners who, as a result of the quality assurance system, have been shown to be seriously wanting undergo special further training without delay. |
| --- | --- |

4.2.2.

Member States shall take the steps required to ensure that examiners who, as a result of the quality assurance system, have been shown to be seriously wanting undergo special further training without delay.

| 4.2.3. | Periodic further training may take the form of conferences, instruction, or communication of information by traditional or computer-assisted means, and may be provided for individuals or groups. Where Member States think fit, it may cover changes to the requirements laid down. |
| --- | --- |

4.2.3.

Periodic further training may take the form of conferences, instruction, or communication of information by traditional or computer-assisted means, and may be provided for individuals or groups. Where Member States think fit, it may cover changes to the requirements laid down.

| 4.2.4. | If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective further training requirements for examiners as regards several categories will be satisfied if the requirements set out in point 4.2.5 have been met. |
| --- | --- |

4.2.4.

If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective further training requirements for examiners as regards several categories will be satisfied if the requirements set out in point 4.2.5 have been met.

| 4.2.5. | If an examiner has not conducted any examinations for a given category in two years, he must be reassessed in an appropriate manner before being allowed to conduct further examinations in the category concerned. The reassessment may be carried out by meeting the requirement laid down in point 4.2.1. |
| --- | --- |

4.2.5.

If an examiner has not conducted any examinations for a given category in two years, he must be reassessed in an appropriate manner before being allowed to conduct further examinations in the category concerned. The reassessment may be carried out by meeting the requirement laid down in point 4.2.1.

| 5. | Acquired rights






  5.1. | Member States may allow persons who, immediately before these provisions entered into force, became licensed to conduct driving tests to continue to do so, even though they did not obtain their licence in accordance with the general conditions set out in point 2 or the initial qualification procedure set out in point 3. |
| --- | --- | --- |

5.

Acquired rights

5.1.

Member States may allow persons who, immediately before these provisions entered into force, became licensed to conduct driving tests to continue to do so, even though they did not obtain their licence in accordance with the general conditions set out in point 2 or the initial qualification procedure set out in point 3.

| 5.2. | The examiners concerned shall, however, be subject to regular monitoring and the quality assurance arrangements referred to in point 4. |
| --- | --- |

5.2.

The examiners concerned shall, however, be subject to regular monitoring and the quality assurance arrangements referred to in point 4.

---

(1)  OJ L 199, 31.7.1985, p. 56.

ANNEX V

DRIVER TRAINING (HEAVY GOODS VEHICLES WITH A TRAILER)

1.

| 1. | Users of category B heavy goods vehicles with a trailer, weighing between 3 500 kg and 4 250 kg in all, must undergo driver training. |
| --- | --- |

Users of category B heavy goods vehicles with a trailer, weighing between 3 500 kg and 4 250 kg in all, must undergo driver training.

| 2. | Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question. |
| --- | --- |

2.

Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

| 3. | Content of driver training






  — | one day (at least seven hours); |
| --- | --- | --- |

3.

Content of driver training

—

one day (at least seven hours);

| — | a theoretical component and, accounting for the bulk, a practical component and closing discussion; |
| --- | --- |

—

a theoretical component and, accounting for the bulk, a practical component and closing discussion;

| — | vehicle movement dynamics, safety criteria, tractor vehicle and trailer, correct loading, and safety fittings; |
| --- | --- |

—

vehicle movement dynamics, safety criteria, tractor vehicle and trailer, correct loading, and safety fittings;

| — | a practical component on enclosed ground to practise the following exercises: braking, stopping distance, lane-changing, braking/evasive action, trailer swing, manoeuvring, parking. |
| --- | --- |

—

a practical component on enclosed ground to practise the following exercises: braking, stopping distance, lane-changing, braking/evasive action, trailer swing, manoeuvring, parking.

ANNEX VI

DRIVER TRAINING (MOTOR CARAVANS)

1.

| 1. | Users of motor caravans, as defined in Annex II, Part A, point 5.1 to Directive 2001/116/EC, weighing between 3 500 kg and 4 250 kg and with a maximum load not exceeding 1 000 kg, must undergo driver training. |
| --- | --- |

Users of motor caravans, as defined in Annex II, Part A, point 5.1 to Directive 2001/116/EC, weighing between 3 500 kg and 4 250 kg and with a maximum load not exceeding 1 000 kg, must undergo driver training.

| 2. | Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question. |
| --- | --- |

2.

Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

| 3. | Content of driver training






  — | one day (at least seven hours); |
| --- | --- | --- |

3.

Content of driver training

—

one day (at least seven hours);

| — | a theoretical component and, accounting for the bulk, a practical component and closing discussion; |
| --- | --- |

—

a theoretical component and, accounting for the bulk, a practical component and closing discussion;

| — | vehicle movement dynamics, safety criteria, correct loading, and safety fittings; |
| --- | --- |

—

vehicle movement dynamics, safety criteria, correct loading, and safety fittings;

| — | a practical component on enclosed ground to practise the following exercises: braking, stopping distance, lane-changing, braking/evasive action, manoeuvring, parking. |
| --- | --- |

—

a practical component on enclosed ground to practise the following exercises: braking, stopping distance, lane-changing, braking/evasive action, manoeuvring, parking.

ANNEX VII

DRIVER TRAINING (MOTORCYCLE CATEGORIES)

1.

| 1. | Driver training for the passage from one motorcycle category to another. |
| --- | --- |

Driver training for the passage from one motorcycle category to another.

| 2. | Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question. |
| --- | --- |

2.

Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

| 3. | Content of driver training






  — | duration: at least five hours; |
| --- | --- | --- |

3.

Content of driver training

—

duration: at least five hours;

| — | focus on the differences between the categories; |
| --- | --- |

—

focus on the differences between the categories;

| — | a practical component on enclosed ground to practise the following exercises: braking, stopping distance, braking/evasive action, manoeuvring, accelerating; |
| --- | --- |

—

a practical component on enclosed ground to practise the following exercises: braking, stopping distance, braking/evasive action, manoeuvring, accelerating;

| — | a practical component on behaviour in traffic. |
| --- | --- |

—

a practical component on behaviour in traffic.

ANNEX VIII

Part A

Repealed Directive as successively amended

(referred to in Article 18)

| Council Directive 91/439/EEC (1) | (OJ L 237, 24.8.1991, p. 1) |
| --- | --- |
| Council Directive 94/72/EC | (OJ L 337, 24.12.1994, p. 86) |
| Council Directive 96/47/EC | (OJ L 235, 17.9.1996, p. 1) |
| Council Directive 97/26/EC | (OJ L 150, 7.6.1997, p. 41) |
| Commission Directive 2000/56/EC | (OJ L 237, 21.9.2000, p. 45) |
| Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2 | (OJ L 226, 10.9.2003, p. 4) |

Council Directive 91/439/EEC (1)

(OJ L 237, 24.8.1991, p. 1)

Council Directive 94/72/EC

(OJ L 337, 24.12.1994, p. 86)

Council Directive 96/47/EC

(OJ L 235, 17.9.1996, p. 1)

Council Directive 97/26/EC

(OJ L 150, 7.6.1997, p. 41)

Commission Directive 2000/56/EC

(OJ L 237, 21.9.2000, p. 45)

Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2

(OJ L 226, 10.9.2003, p. 4)

Part B

Deadlines for transposition in national law and for application

(referred to in Article 18)

| Directive | Deadline for transposition | Date of application |
| --- | --- | --- |
| Directive 91/439/EEC | 1 July 1994 | 1 July 1996 |
| Directive 94/72/EC | — | xx.xx.1995 |
| Decision 96/427/EC | — | 16 July 1996 |
| Directive 96/47/EC | 1 July 1996 | 1 July 1996 |
| Directive 97/26/EC | 1 January 1998 | 1 January 1998 |
| Directive 2000/56/EC | 30 September 2003 | 30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II, point 5.2) |
| Directive 2003/59/EC | 10 September 2006 | 10 September 2008 (passenger transport) and 10 September 2009 (goods transport) |

Directive

Deadline for transposition

Date of application

Directive 91/439/EEC

1 July 1994

1 July 1996

Directive 94/72/EC

—

xx.xx.1995

Decision 96/427/EC

—

16 July 1996

Directive 96/47/EC

1 July 1996

1 July 1996

Directive 97/26/EC

1 January 1998

1 January 1998

Directive 2000/56/EC

30 September 2003

30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II, point 5.2)

Directive 2003/59/EC

10 September 2006

10 September 2008 (passenger transport) and 10 September 2009 (goods transport)

---

(1)  Directive 91/439/EEC was also amended by the following act which has not been repealed: Act concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21).

ANNEX IX

CORRELATION TABLE

| Council Directive 91/439/EEC | This Directive |
| --- | --- |
| Article 1(1), first sentence | Article 1(1) |
| Article 1(1), second sentence | — |
| — | Article 1(2) |
| Article 1(2) | Article 2 |
| Article 1(3) | — |
| Article 2(1) | Article 3(1) |
| Article 2(2) | Article 3(2), first sentence |
| — | Article 3(2), second sentence |
| Article 2(3) | — |
| Article 2(4) | — |
| Article 3(1), 1st subparagraph, introductory words | Article 4(1), 1st subparagraph, introductory words |
| — | Article 4(1), 1st subparagraph, 1st indent |
| — | Article 4(1), 1st subparagraph, 3rd indent |
| Article 3(1), 1st subparagraph, 1st indent | Article 4(1), 1st subparagraph, 4th indent |
| Article 3(1), 1st subparagraph, 2nd indent | Article 4(1), 1st subparagraph, 6th indent |
| Article 3(1), 1st subparagraph, 3rd indent | — |
| Article 3(1), 1st subparagraph, 4th indent | Article 4(1), 1st subparagraph, 7th indent |
| Article 3(1), 1st subparagraph, 5th indent | Article 4(1), 1st subparagraph, 10th indent |
| Article 3(1), 1st subparagraph, 6th indent | Article 4(1), 1st subparagraph, 11th indent |
| Article 3(1), 1st subparagraph, 7th indent | Article 4(1), 1st subparagraph, 14th indent |
| Article 3(1), 1st subparagraph, 8th indent | Article 4(1), 1st subparagraph, 15th indent |
| Article 3(2), 1st subparagraph, introductory words | — |
| Article 3(2), 1st subparagraph, 1st indent | Article 4(1), 1st subparagraph, 2nd indent |
| Article 3(2), 1st subparagraph, 2nd indent | Article 4(1), 1st subparagraph, 5th indent |
| Article 3(2), 1st subparagraph, 3rd indent | Article 4(1), 1st subparagraph, 8th indent |
| Article 3(2), 1st subparagraph, 4th indent | Article 4(1), 1st subparagraph, 9th indent |
| Article 3(2), 1st subparagraph, 5th indent | Article 4(1), 1st subparagraph, 12th indent |
| Article 3(2), 1st subparagraph, 6th indent, introductory words | Article 4(1), 1st subparagraph, 13th indent |
| Article 3(2), 1st subparagraph, 6th indent, 1st sub-indent | Article 4(1), 1st subparagraph, 13th indent |
| Article 3(2), 1st subparagraph, 2nd indent, 2nd sub-indent | Article 4(1), 2nd subparagraph |
| Article 3(3), introductory words | Article 4(2), introductory words |
| Article 3(3), 1st indent | Article 4(2), point (a) |
| — | Article 4(2), point (b) |
| Article 3(3), 2nd indent, 1st subparagraph | Article 4(2), point (c) |
| Article 3(3), 2nd indent, 2nd subparagraph | — |
| Article 3(3), 3rd indent | Article 4(2), point (d) |
| Article 3(3), 4th indent | Article 4(2), point (e) |
| Article 3(3), 5th indent | Article 4(2), point (f) |
| — | Article 4(3) |
| Article 3(4) | — |
| Article 3(5) | — |
| Article 3(6) | Article 4(4) |
| Article 4 | Article 5 |
| Article 5(1) | Article 6(1) |
| Article 5(2), introductory words | Article 6(2), introductory words |
| Article 5(2), point (a) | Article 6(2),point (a) |
| Article 5(2), point (b) | Article 6(2),point (b) |
| — | Article 6(2),point (c) |
| — | Article 6(2),point (d) |
| Article 5(3) | Article 6(3) |
| Article 5(4) | Article 6(4) |
| Article 6(1), introductory words | Article 7(1), introductory words |
| — | Article 7(1), point (a), 1st indent |
| Article 6(1), point (a), 1st indent | Article 7(1), point (a), 2nd indent |
| Article 6(1), point (a), 2nd indent | Article 7(1), point (a), 3rd indent |
| Article 6(1), point (b), 1st indent | Article 7(1), point (b), 1st indent |
| Article 6(1), point (b), 2nd indent | Article 7(1), point (b), 2nd indent |
| Article 6(1), point (b), 3rd indent | Article 7(1), point (b), 3rd indent |
| — | Article 7(1), point (c), 1st indent |
| Article 6(1), point (c), 1st indent | Article 7(1), point (c), 2nd indent |
| — | Article 7(1), point (d) |
| Article 6(2) | Article 7(2), 1st subparagraph, first sentence |
| — | Article 7(2), 2nd subparagraph, second sentence |
| Article 6(3) | — |
| Article 7(1), introductory words | Article 8(1), introductory words |
| Article 7(1), point (a) | Article 8(1), point (a) |
| — | Article 8(1), point (b) |
| — | Article 8(1), point (c) |
| — | Article 8(1), point (d) |
| Article 7(1), point (b) | Article 8(1), point (e) |
| Article 7(2) | — |
| Article 7(3) | — |
| — | Article 8(2) |
| — | Article 8(3) |
| Article 7(4) | Article 8(4) |
| Article 7(5) | Article 8(5), first sentence |
| — | Article 8(5), second sentence |
| Article 7a(1) | — |
| Article 7a(2) | Article 9 |
| Article 7b | Article 10 |
| — | Article 11 |
| Article 8 | Article 12 |
| Article 9 | Article 13 |
| Article 10 | Article 14 |
| Article 11 | Article 15 |
| Article 12(1) | — |
| Article 12(2) | — |
| Article 12(3) | Article 16 |
| — | Article 17 |
| Article 13 | Article 18, first paragraph |
| — | Article 18, second paragraph |
| — | Article 19 |
| Article 14 | Article 20 |
| Annex I | — |
| Annex Ia | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| — | Annex IV |
| — | Annex V |
| — | Annex VI |
| — | Annex VII |
| — | Annex VIII |
| — | Annex IX |

Council Directive 91/439/EEC

This Directive

Article 1(1), first sentence

Article 1(1)

Article 1(1), second sentence

—

—

Article 1(2)

Article 1(2)

Article 2

Article 1(3)

—

Article 2(1)

Article 3(1)

Article 2(2)

Article 3(2), first sentence

—

Article 3(2), second sentence

Article 2(3)

—

Article 2(4)

—

Article 3(1), 1st subparagraph, introductory words

Article 4(1), 1st subparagraph, introductory words

—

Article 4(1), 1st subparagraph, 1st indent

—

Article 4(1), 1st subparagraph, 3rd indent

Article 3(1), 1st subparagraph, 1st indent

Article 4(1), 1st subparagraph, 4th indent

Article 3(1), 1st subparagraph, 2nd indent

Article 4(1), 1st subparagraph, 6th indent

Article 3(1), 1st subparagraph, 3rd indent

—

Article 3(1), 1st subparagraph, 4th indent

Article 4(1), 1st subparagraph, 7th indent

Article 3(1), 1st subparagraph, 5th indent

Article 4(1), 1st subparagraph, 10th indent

Article 3(1), 1st subparagraph, 6th indent

Article 4(1), 1st subparagraph, 11th indent

Article 3(1), 1st subparagraph, 7th indent

Article 4(1), 1st subparagraph, 14th indent

Article 3(1), 1st subparagraph, 8th indent

Article 4(1), 1st subparagraph, 15th indent

Article 3(2), 1st subparagraph, introductory words

—

Article 3(2), 1st subparagraph, 1st indent

Article 4(1), 1st subparagraph, 2nd indent

Article 3(2), 1st subparagraph, 2nd indent

Article 4(1), 1st subparagraph, 5th indent

Article 3(2), 1st subparagraph, 3rd indent

Article 4(1), 1st subparagraph, 8th indent

Article 3(2), 1st subparagraph, 4th indent

Article 4(1), 1st subparagraph, 9th indent

Article 3(2), 1st subparagraph, 5th indent

Article 4(1), 1st subparagraph, 12th indent

Article 3(2), 1st subparagraph, 6th indent, introductory words

Article 4(1), 1st subparagraph, 13th indent

Article 3(2), 1st subparagraph, 6th indent, 1st sub-indent

Article 4(1), 1st subparagraph, 13th indent

Article 3(2), 1st subparagraph, 2nd indent, 2nd sub-indent

Article 4(1), 2nd subparagraph

Article 3(3), introductory words

Article 4(2), introductory words

Article 3(3), 1st indent

Article 4(2), point (a)

—

Article 4(2), point (b)

Article 3(3), 2nd indent, 1st subparagraph

Article 4(2), point (c)

Article 3(3), 2nd indent, 2nd subparagraph

—

Article 3(3), 3rd indent

Article 4(2), point (d)

Article 3(3), 4th indent

Article 4(2), point (e)

Article 3(3), 5th indent

Article 4(2), point (f)

—

Article 4(3)

Article 3(4)

—

Article 3(5)

—

Article 3(6)

Article 4(4)

Article 4

Article 5

Article 5(1)

Article 6(1)

Article 5(2), introductory words

Article 6(2), introductory words

Article 5(2), point (a)

Article 6(2),point (a)

Article 5(2), point (b)

Article 6(2),point (b)

—

Article 6(2),point (c)

—

Article 6(2),point (d)

Article 5(3)

Article 6(3)

Article 5(4)

Article 6(4)

Article 6(1), introductory words

Article 7(1), introductory words

—

Article 7(1), point (a), 1st indent

Article 6(1), point (a), 1st indent

Article 7(1), point (a), 2nd indent

Article 6(1), point (a), 2nd indent

Article 7(1), point (a), 3rd indent

Article 6(1), point (b), 1st indent

Article 7(1), point (b), 1st indent

Article 6(1), point (b), 2nd indent

Article 7(1), point (b), 2nd indent

Article 6(1), point (b), 3rd indent

Article 7(1), point (b), 3rd indent

—

Article 7(1), point (c), 1st indent

Article 6(1), point (c), 1st indent

Article 7(1), point (c), 2nd indent

—

Article 7(1), point (d)

Article 6(2)

Article 7(2), 1st subparagraph, first sentence

—

Article 7(2), 2nd subparagraph, second sentence

Article 6(3)

—

Article 7(1), introductory words

Article 8(1), introductory words

Article 7(1), point (a)

Article 8(1), point (a)

—

Article 8(1), point (b)

—

Article 8(1), point (c)

—

Article 8(1), point (d)

Article 7(1), point (b)

Article 8(1), point (e)

Article 7(2)

—

Article 7(3)

—

—

Article 8(2)

—

Article 8(3)

Article 7(4)

Article 8(4)

Article 7(5)

Article 8(5), first sentence

—

Article 8(5), second sentence

Article 7a(1)

—

Article 7a(2)

Article 9

Article 7b

Article 10

—

Article 11

Article 8

Article 12

Article 9

Article 13

Article 10

Article 14

Article 11

Article 15

Article 12(1)

—

Article 12(2)

—

Article 12(3)

Article 16

—

Article 17

Article 13

Article 18, first paragraph

—

Article 18, second paragraph

—

Article 19

Article 14

Article 20

Annex I

—

Annex Ia

Annex I

Annex II

Annex II

Annex III

Annex III

—

Annex IV

—

Annex V

—

Annex VI

—

Annex VII

—

Annex VIII

—

Annex IX

P6_TA(2005)0042

River Traffic Information Services ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on harmonised River Traffic Information Services on inland waterways in the Community (COM(2004)0392 — C6-0042/2004 — 2004/0123(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0392) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0392) (1),

| — | having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0042/2004), |
| --- | --- |

—

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0042/2004),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A6-0055/2004), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A6-0055/2004),

| 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(2004)0123

Position of the European Parliament adopted at first reading on 23 February 2005with a view to the adoption of European Parliament and Council Directive 2005/.../EC on harmonised River Information Services (RIS) on inland waterways in the Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

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

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

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

Whereas:

| (1) | The deployment of information and communication technologies on inland waterways helps to increase significantly the safety and efficiency of transport by inland waterway. |
| --- | --- |

(1)

The deployment of information and communication technologies on inland waterways helps to increase significantly the safety and efficiency of transport by inland waterway.

| (2) | In some Member States national applications of information services are already being deployed on various waterways. In order to ensure a harmonised, interoperable and open navigational aid and information system on the inland waterway network of the Community, common requirements and technical specifications should be introduced. |
| --- | --- |

(2)

In some Member States national applications of information services are already being deployed on various waterways. In order to ensure a harmonised, interoperable and open navigational aid and information system on the inland waterway network of the Community, common requirements and technical specifications should be introduced.

| (3) | For safety reasons and in the interests of pan-European harmonisation, the content of such common requirements and technical specifications should build on work carried out in this field by relevant international organisations, such as the International Navigation Association (PIANC), the Central Commission for Navigation on the Rhine (CCNR) and the United Nations Economic Commission for Europe (UNECE). |
| --- | --- |

(3)

For safety reasons and in the interests of pan-European harmonisation, the content of such common requirements and technical specifications should build on work carried out in this field by relevant international organisations, such as the International Navigation Association (PIANC), the Central Commission for Navigation on the Rhine (CCNR) and the United Nations Economic Commission for Europe (UNECE).

| (4) | River Information Services (RIS) should build on interoperable systems that should be based on open and public standards, available on a non-discriminatory basis to all system suppliers and users. |
| --- | --- |

(4)

River Information Services (RIS) should build on interoperable systems that should be based on open and public standards, available on a non-discriminatory basis to all system suppliers and users.

| (5) | On national navigable inland waterways not linked to the navigable network of another Member State, these requirements and technical specifications need not be mandatory. It is however recommended to implement
  RIS
  as defined in this Directive on those inland waterways and to make existing systems interoperable with it. |
| --- | --- |

(5)

On national navigable inland waterways not linked to the navigable network of another Member State, these requirements and technical specifications need not be mandatory. It is however recommended to implement
  RIS
  as defined in this Directive on those inland waterways and to make existing systems interoperable with it.

| (6) | The development of
  RIS
  should be based on objectives such as
  safety, efficiency
  and environmental friendliness of inland navigation which are fulfilled by tasks like traffic and transport management, environment and infrastructure protection and the enforcement of specific rules. |
| --- | --- |

(6)

The development of
  RIS
  should be based on objectives such as
  safety, efficiency
  and environmental friendliness of inland navigation which are fulfilled by tasks like traffic and transport management, environment and infrastructure protection and the enforcement of specific rules.

| (7) | The requirements regarding RIS should concern at least the information services to be provided by the Member States. |
| --- | --- |

(7)

The requirements regarding RIS should concern at least the information services to be provided by the Member States.

| (8) | The establishment of technical specifications should include systems such as electronic navigational charts, electronic ship reporting,
  including a uniform European vessel number system
  , notices to skippers and vessel tracking and tracing.
  The work by the RIS Committee should lead to the technical compatibility of the equipment necessary for the use of RIS
  . |
| --- | --- |

(8)

The establishment of technical specifications should include systems such as electronic navigational charts, electronic ship reporting,
  including a uniform European vessel number system
  , notices to skippers and vessel tracking and tracing.
  The work by the RIS Committee should lead to the technical compatibility of the equipment necessary for the use of RIS
  .

| (9) | It is the responsibility of the Member States, in cooperation with the European Union, to encourage users to comply with the procedures and equipment requirements, taking into account the small and medium sized structure of the companies of the inland navigation sector. |
| --- | --- |

(9)

It is the responsibility of the Member States, in cooperation with the European Union, to encourage users to comply with the procedures and equipment requirements, taking into account the small and medium sized structure of the companies of the inland navigation sector.

| (10) | The introduction of RIS will entail the processing of personal data. Such processing should be carried out in accordance with European rules, as set out inter alia in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (5).
  The introduction of RIS should not lead to uncontrolled processing of economically sensitive data relating to market operators. |
| --- | --- |

(10)

The introduction of RIS will entail the processing of personal data. Such processing should be carried out in accordance with European rules, as set out inter alia in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (5).
  The introduction of RIS should not lead to uncontrolled processing of economically sensitive data relating to market operators.

| (11) | For the purpose of RIS for which exact positioning is required, the use of satellite positioning should be recommended. These technologies should wherever possible be interoperable with other relevant systems and should be integrated with them, in accordance with applicable decisions in this field. |
| --- | --- |

(11)

For the purpose of RIS for which exact positioning is required, the use of satellite positioning should be recommended. These technologies should wherever possible be interoperable with other relevant systems and should be integrated with them, in accordance with applicable decisions in this field.

| (12) | Since the objectives of the action to be taken, namely to establish harmonised RIS in the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of their European dimension, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of the action to be taken, namely to establish harmonised RIS in the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of their European dimension, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this directive does not go beyond what is necessary in order to achieve those objectives.

| (13) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). |
| --- | --- |

(13)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

| (14) | The Council, in accordance with paragraph 34 of the Interinstitutional agreement on better lawmaking, should encourage Member States to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public, |
| --- | --- |

(14)

The Council, in accordance with paragraph 34 of the Interinstitutional agreement on better lawmaking, should encourage Member States to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive establishes a framework for the deployment and use of harmonised
  River Information
  Services (RIS) in the Community in order to support inland waterway transport with a view to
  enhancing safety, efficiency
  and environmental friendliness and to
  facilitating interfaces
  with other transport modes.

This Directive provides a framework
  for the establishment and further development of
  technical requirements, specifications and conditions to ensure harmonised, interoperable and open RIS on the Community Inland Waterways.
  Such establishment and further development of technical requirements, specifications and conditions will be carried out by the Commission, assisted by the RIS Committee appointed to that effect; in this context, the Commission will take due account of measures developed by relevant international organisations, such as the PIANC, the CCNR and the UNECE.
  Continuity shall be ensured with other modal traffic management services, in particular maritime vessel traffic management and information services.

Article 2

Scope

1.   This Directive applies to the implementation and operation of RIS on all inland waterways
  of the Member States
  of class IV and above
  which are linked by a waterway of class IV or above to a waterway of class IV or above of another Member State
  , including the ports
  on such waterways as
  referred to in Decision No 1346/2001/EC of the European Parliament and of the Council of 22 May 2001 amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III (7).
  For the purposes of this Directive, the Classification of European Inland Waterways provided for in UNECE Resolution No 30 of 12 November 1992 shall apply.

2.
     
  Member States may apply the provisions of this Directive to inland waterways and inland ports not referred to in paragraph 1.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

| (a) | River Information Services (RIS) means the harmonised information services to support traffic and transport management in inland navigation, including
  wherever technically feasible
  interfaces
  with
  other transport modes. RIS does not deal with internal commercial activities between one or more of the involved companies, but is open for interfacing with commercial activities.
  RIS comprise services such as fairway information, traffic information, traffic management, calamity abatement support, information for transport management, statistics and customs services and waterway charges and port dues. |
| --- | --- |

(a)

River Information Services (RIS) means the harmonised information services to support traffic and transport management in inland navigation, including
  wherever technically feasible
  interfaces
  with
  other transport modes. RIS does not deal with internal commercial activities between one or more of the involved companies, but is open for interfacing with commercial activities.
  RIS comprise services such as fairway information, traffic information, traffic management, calamity abatement support, information for transport management, statistics and customs services and waterway charges and port dues.

| (b) | Fairway Information means geographical, hydrological, and administrative information regarding the waterway (fairway). Fairway Information is one-way information: shore to ship or shore to office. |
| --- | --- |

(b)

Fairway Information means geographical, hydrological, and administrative information regarding the waterway (fairway). Fairway Information is one-way information: shore to ship or shore to office.

| (c) | Tactical Traffic Information means the information affecting immediate navigation decisions in the actual traffic situation and the close geographic surroundings. |
| --- | --- |

(c)

Tactical Traffic Information means the information affecting immediate navigation decisions in the actual traffic situation and the close geographic surroundings.

| (d) | Strategic Traffic Information means the information affecting the medium and long-term decisions of RIS users. |
| --- | --- |

(d)

Strategic Traffic Information means the information affecting the medium and long-term decisions of RIS users.

| (e) | RIS application means the provision of river information services through dedicated systems. |
| --- | --- |

(e)

RIS application means the provision of river information services through dedicated systems.

| (f) | RIS centre means the place where the services are managed by
  operators
  . |
| --- | --- |

(f)

RIS centre means the place where the services are managed by
  operators
  .

| (g) | RIS users means all different
  user
  groups including boat masters, RIS operators, lock/bridge operators, waterway authorities,
  port and
  terminal operators, operators in calamity centres of emergency services, fleet managers, cargo shippers and freight brokers. |
| --- | --- |

(g)

RIS users means all different
  user
  groups including boat masters, RIS operators, lock/bridge operators, waterway authorities,
  port and
  terminal operators, operators in calamity centres of emergency services, fleet managers, cargo shippers and freight brokers.

| (h) | Interoperability means that services, data contents, data exchange formats and frequencies are harmonised in such a way that RIS users have access to the same services and information on a European
  level. |
| --- | --- |

(h)

Interoperability means that services, data contents, data exchange formats and frequencies are harmonised in such a way that RIS users have access to the same services and information on a European
  level.

Article 4

Setting up of River Information Services

1.   Member States shall take the necessary measures to implement RIS on inland waterways falling within the scope of Article 2.

2.   
  Member
  States shall develop the services in such a way that the RIS application is efficient, expandable and interoperable so as to interact with other RIS applications and, if possible, with systems for other modes of transport. It shall also provide interfaces to transport management systems and commercial activities.

3.   In order to set up RIS, Member States shall:

| (a) | supply to RIS users all relevant data concerning navigation
  and voyage planning on inland waterways. These
  data shall be provided at least in an accessible electronic format; |
| --- | --- |

(a)

supply to RIS users all relevant data concerning navigation
  and voyage planning on inland waterways. These
  data shall be provided at least in an accessible electronic format;

| (b) | ensure that for all European Inland Waterways of class Va and above in accordance with the Classification of European Inland Waterways, in addition to the data referred to in point (a), electronic navigational charts suitable for navigational purposes are available to RIS users; |
| --- | --- |

(b)

ensure that for all European Inland Waterways of class Va and above in accordance with the Classification of European Inland Waterways, in addition to the data referred to in point (a), electronic navigational charts suitable for navigational purposes are available to RIS users;

| (c) | enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive
  electronic reports of the required data from
  ships. In cross-border transport, this information shall be transmitted to the competent authorities of the neighbouring state.
  Any such transmission shall be completed
  before arrival of the vessels at the border; |
| --- | --- |

(c)

enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive
  electronic reports of the required data from
  ships. In cross-border transport, this information shall be transmitted to the competent authorities of the neighbouring state.
  Any such transmission shall be completed
  before arrival of the vessels at the border;

| (d) | ensure that notices to skippers, including water level
  (or maximum allowable draught)
  and ice reports of their inland waterways, are provided as standardised, encoded and downloadable messages. The standardised message shall contain at least the information necessary for safe navigation. The notices to skippers shall be provided at least in an accessible electronic format. |
| --- | --- |

(d)

ensure that notices to skippers, including water level
  (or maximum allowable draught)
  and ice reports of their inland waterways, are provided as standardised, encoded and downloadable messages. The standardised message shall contain at least the information necessary for safe navigation. The notices to skippers shall be provided at least in an accessible electronic format.

The obligations referred to in this paragraph shall be fulfilled in compliance with the specifications defined in Annexes I and II.

4.   The
  competent authorities of the
  Member States shall establish RIS centres according to regional
  needs
  .

5.   
  For the use of
  the Automatic Identification System (AIS), the Regional Arrangement concerning the radiotelephone service on inland waterways concluded in Basel on 6 April 2000 in the framework of the radio regulations to the International Telecommunication Union (ITU)
  shall apply
  .

6.   Member States,
  if appropriate in cooperation with the European Union
  , shall
  encourage
  boat masters, operators or agents of vessels navigating on their waterways, shippers or owners of goods carried on board such vessels as well as the vessels
  to fully profit from the services which are made available
  under this Directive.

7.
     
  The Commission shall take appropriate measures to verify the interoperability, reliability and safety of RIS.

Article 5

Technical guidelines and specifications

1.   In order to support the services mentioned in Article 3 (a) and to ensure their interoperability as required by Article 4 (2), the Commission shall define pursuant to paragraph 2 technical guidelines for the planning, implementation and operational use of the services (RIS guidelines) as well as technical specifications in particular in the following areas:

| (a) | Electronic Chart Display and Information System for Inland Navigation (Inland ECDIS) |
| --- | --- |

(a)

Electronic Chart Display and Information System for Inland Navigation (Inland ECDIS)

| (b) | Electronic Ship Reporting |
| --- | --- |

(b)

Electronic Ship Reporting

| (c) | Notices to Skippers |
| --- | --- |

(c)

Notices to Skippers

| (d) | Tracking and Tracing Systems |
| --- | --- |

(d)

Tracking and Tracing Systems

| (e) | Compatibility of the equipment necessary for the use of RIS. |
| --- | --- |

(e)

Compatibility of the equipment necessary for the use of RIS.

These guidelines and specifications shall be based on the technical principles set out in Annex II
  and shall take account of work carried out in this field by relevant international organisations.

2.   The technical guidelines and specifications referred to in paragraph 1 shall be established
  and, when appropriate, amended
  by the Commission in accordance with the procedure laid down in Article 11(3).
  The establishment shall be carried out in accordance with
  the following time-table:

| (a) | the RIS guidelines not later than [...] (8)
  , |
| --- | --- |

(a)

the RIS guidelines not later than [...] (8)
  ,

| (b) | the technical specifications regarding the Inland ECDIS, the Electronic Ship Reporting and the Notices to Skippers not later than [...] (9)
  , |
| --- | --- |

(b)

the technical specifications regarding the Inland ECDIS, the Electronic Ship Reporting and the Notices to Skippers not later than [...] (9)
  ,

| (c) | the technical specifications regarding the Tracking and Tracing systems not later than [...] (10)
  . |
| --- | --- |

(c)

the technical specifications regarding the Tracking and Tracing systems not later than [...] (10)
  .

3.   The RIS guidelines and specifications shall be published in the Official Journal of the European Union.

Article 6

Satellite positioning

For the purpose of
  RIS for which exact positioning is required
  the use of satellite positioning technologies
  is recommended
  .

Article 7

Type-approval
  of RIS equipment

1.   Where necessary for the safety of navigation and required by the relevant technical specifications, RIS
  terminal and network
  equipment and software applications shall be
  type-approved
  for compliance with those specifications
  before being put into service on inland waterways
  .

2.   Member States shall notify to the
  Commission the
  national bodies responsible for
  type-approval; the Commission shall communicate such information to the other Member States
  .

3.
     
  All Member States shall recognise type-approvals issued by the approved bodies of the other Member States.

Article 8

Competent Authorities

Member States shall designate competent authorities for the RIS applications and for the international exchange of data. These authorities shall be notified to the Commission.

Article 9

Rules on privacy, security and the re-use of information

1.   Member States shall ensure that processing of personal data necessary for the operation of RIS is carried out in accordance with the European Rules protecting the freedoms and fundamental rights of individuals, including Directive 95/46/EC and
  Directive 2002/58/EC
  .

2.   Member States shall implement and maintain security
  measures
  to protect the RIS messages and their records against untoward events or misuse including improper access, alteration or loss.

3.   Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (11) applies.

Article 10

Amendment Procedure

Annexes I and II may be amended in the light of the experience gained from the application of this Directive and adapted to technical progress in accordance with the procedure laid down in Article 11(3).

Article 11

RIS Committee

1.   The Commission shall be assisted by the Committee instituted by Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (12)
  .

2.   Where reference is made to this paragraph, Article 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

5.
     
  The Commission shall regularly consult representatives of the sector.

Article 12

Transposition

1.   Member States
  which have inland waterways which fall within the scope of Article 2
  shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [...] (13)
  . They shall forthwith communicate to the Commission the text of those
  provisions
  .

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall take the necessary measures to comply with the requirements set out in Article 4 not later than
  30 months
  after the entry into force of the relevant technical guidelines and specifications referred to in Article 5. The technical guidelines and specifications shall enter into force on the day following that of their publication in the Official Journal of the European Union.

3.   Following a request by a Member State, the Commission may extend in accordance with the procedure laid down in Article 11(2), the period provided for in paragraph 2 for the implementation of one or more requirements of Article 4 in respect of inland waterways
  falling within the scope of
  Article 2 but with low traffic density,
  or in respect of inland waterways for which the cost of such implementation would be disproportionate to its benefits
  . This period may be extended by
  simple decision of the Commission
  ; the extension may be renewed. The justification to be provided with the request by the Member State shall refer to the traffic density and economic conditions on
  the
  waterway
  in question. Until the Commission reaches its decision, the Member State that has requested an extension may continue its operations as if the extension had been granted.

4.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.

5.   Where necessary, Member States shall assist one another in the implementation of this Directive.

6.
     
  The Commission shall monitor the setting up of RIS in the Community and shall report to the European Parliament and to the Council not later than [...] (14).

Article 13

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 14

Addressees

This Directive is addressed to the Member States
  which have inland waterways falling within the scope of Article 2.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJC...

1

(2)  OJC...

2

(3)  Position of the European Parliament of 23 February 2005.

3

Position of the European Parliament of 23 February 2005.

(4)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

4

Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1)

(5)  OJ L 201, 31.7.2002, p. 37.

5

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

6

(7)  OJ L 185, 6.7.2001, p. 1.

7

(8)  Nine months after the entry into force of this Directive.

8

(9)  Twelve months after the entry into force of this Directive.

9

(10)  Fifteen months after the entry into force of this Directive.

10

(11)  
  OJ L 345, 31.12.2003, p. 90.

11

OJ L 345, 31.12.2003, p. 90.

(12)  OJ L 373, 31.12.1991, p. 29. Directive as last amended by Regulation (EC) No 1882/2003.

12

(13)  24 months after the entry into force of this Directive.

13

24 months

(14)  Three years after the entry into force of this Directive.

14

ANNEX I

MINIMUM DATA REQUIREMENTS

As referred to in Article 4(3)(a), in particular the following data shall be supplied:

| — | Waterway axis with kilometre indication, |
| --- | --- |

—

Waterway axis with kilometre indication,

| — | Restrictions for vessels or convoys in terms of length, width, draught and air draught, |
| --- | --- |

—

Restrictions for vessels or convoys in terms of length, width, draught and air draught,

| — | Operation times of restricting structures, in particular locks and bridges, |
| --- | --- |

—

Operation times of restricting structures, in particular locks and bridges,

| — | Location of ports and transhipment sites, |
| --- | --- |

—

Location of ports and transhipment sites,

| — | Reference data for water level gauges relevant to navigation. |
| --- | --- |

—

Reference data for water level gauges relevant to navigation.

ANNEX II

PRINCIPLES FOR RIS GUIDELINES AND TECHNICAL SPECIFICATIONS

1.   RIS Guidelines

The RIS guidelines referred to in Article 5 shall respect the following principles:

| (a) | the indication of technical requirements for the planning, implementing and operational use of services and related systems, |
| --- | --- |

(a)

the indication of technical requirements for the planning, implementing and operational use of services and related systems,

| (b) | the RIS architecture and organisation, and |
| --- | --- |

(b)

the RIS architecture and organisation, and

| (c) | recommendations for vessels to participate in RIS, for individual services and for the stepwise development of RIS. |
| --- | --- |

(c)

recommendations for vessels to participate in RIS, for individual services and for the stepwise development of RIS.

2.   Inland ECDIS

The technical specifications to be established in accordance with Article 5 for an electronic chart display and information system (Inland ECDIS) shall respect the following principles:

| (a) | compatibility with the maritime ECDIS in order to facilitate traffic of inland vessels in mixed traffic zones of the estuaries and sea-river traffic, |
| --- | --- |

(a)

compatibility with the maritime ECDIS in order to facilitate traffic of inland vessels in mixed traffic zones of the estuaries and sea-river traffic,

| (b) | the definition of minimum requirements for Inland ECDIS equipment as well as the minimum content of electronic navigational charts with a view to the safety of navigation, in particular






  — | a high level of reliability and availability of the Inland ECDIS equipment used, |
| --- | --- | --- |

(b)

the definition of minimum requirements for Inland ECDIS equipment as well as the minimum content of electronic navigational charts with a view to the safety of navigation, in particular

—

a high level of reliability and availability of the Inland ECDIS equipment used,

| — | the robustness of the Inland ECDIS equipment in order to withstand the environmental conditions typically prevailing on board of a vessel without any degradation in quality and reliability, |
| --- | --- |

—

the robustness of the Inland ECDIS equipment in order to withstand the environmental conditions typically prevailing on board of a vessel without any degradation in quality and reliability,

| — | the inclusion in the electronic navigational chart of all kinds of geographical objects (e.g. boundaries of the fairway, shoreline constructions, beacons) that are needed for safe navigation, |
| --- | --- |

—

the inclusion in the electronic navigational chart of all kinds of geographical objects (e.g. boundaries of the fairway, shoreline constructions, beacons) that are needed for safe navigation,

| — | the monitoring of the electronic chart with overlaid radar image when used for conning the vessel, |
| --- | --- |

—

the monitoring of the electronic chart with overlaid radar image when used for conning the vessel,

| — | the integration of depth information on the fairway in the electronic navigational chart and display to a predefined or the actual water level, |
| --- | --- |

—

the integration of depth information on the fairway in the electronic navigational chart and display to a predefined or the actual water level,

| — | the integration of additional information (e.g. of other parties than the competent authorities) in the electronic navigational chart and display in the Inland ECDIS without affecting the information that is needed for safe navigation. |
| --- | --- |

—

the integration of additional information (e.g. of other parties than the competent authorities) in the electronic navigational chart and display in the Inland ECDIS without affecting the information that is needed for safe navigation.

| (c) | the
  availability
  of electronic navigational charts to
  RIS
  users. |
| --- | --- |

(c)

the
  availability
  of electronic navigational charts to
  RIS
  users.

| (d) | the availability of the data for electronic navigational charts to all manufacturers of applications,
  when appropriate against a reasonable cost-related charge
  . |
| --- | --- |

(d)

the availability of the data for electronic navigational charts to all manufacturers of applications,
  when appropriate against a reasonable cost-related charge
  .

3.   Electronic Ship Reporting

The technical specifications for Electronic Ship Reporting in inland navigation in accordance with Article 5 shall respect the following principles:

| (a) | the facilitation of the electronic data exchange between the competent authorities of the Member States, between participants in inland as well as maritime navigation and in multi-modal transport where inland navigation is involved, |
| --- | --- |

(a)

the facilitation of the electronic data exchange between the competent authorities of the Member States, between participants in inland as well as maritime navigation and in multi-modal transport where inland navigation is involved,

| (b) | the use of a standardised transport notification message for ship-to-authority, authority-to-ship and authority-to-authority messaging in order to obtain compatibility with maritime navigation, |
| --- | --- |

(b)

the use of a standardised transport notification message for ship-to-authority, authority-to-ship and authority-to-authority messaging in order to obtain compatibility with maritime navigation,

| (c) | the use of internationally accepted code lists and classifications, possibly complemented for additional inland navigation needs, |
| --- | --- |

(c)

the use of internationally accepted code lists and classifications, possibly complemented for additional inland navigation needs,

| (d) | the use of a unique European vessel identification number. |
| --- | --- |

(d)

the use of a unique European vessel identification number.

4.   Notices to Skippers

The technical specifications for Notices to Skippers in accordance with Article 5, in particular regarding fairway information, traffic information and management as well as voyage planning, shall respect the following principles:

| (a) | a standardised data structure using predefined text modules and encoded to a high extent in order to enable automatic translation of the most important content into other languages and to facilitate the integration of notices to skippers into voyage planning systems, |
| --- | --- |

(a)

a standardised data structure using predefined text modules and encoded to a high extent in order to enable automatic translation of the most important content into other languages and to facilitate the integration of notices to skippers into voyage planning systems,

| (b). | the compatibility of the standardised data structure with the data structure of Inland ECDIS to facilitate integration of notices to skippers in Inland ECDIS. |
| --- | --- |

(b).

the compatibility of the standardised data structure with the data structure of Inland ECDIS to facilitate integration of notices to skippers in Inland ECDIS.

5.   Tracking and tracing systems

The technical specifications for vessel tracking and tracing systems in accordance with Article 5 shall respect the following principles:

| (a) | the definition of the requirements on systems and of standard messages as well as procedures so that they can be provided in an automated way, |
| --- | --- |

(a)

the definition of the requirements on systems and of standard messages as well as procedures so that they can be provided in an automated way,

| (b) | the differentiation between systems suited to requirements of tactical traffic information and systems suited to requirements of strategic traffic information, both with regard to positioning accuracy and required update rate, |
| --- | --- |

(b)

the differentiation between systems suited to requirements of tactical traffic information and systems suited to requirements of strategic traffic information, both with regard to positioning accuracy and required update rate,

| (c) | the description of the relevant technical systems for vessel tracking and tracing such as Inland AIS (Inland Automatic Identification System), |
| --- | --- |

(c)

the description of the relevant technical systems for vessel tracking and tracing such as Inland AIS (Inland Automatic Identification System),

| (d) | compatibility
  of data formats
  with the Maritime AIS
  system. |
| --- | --- |

(d)

compatibility
  of data formats
  with the Maritime AIS
  system.

P6_TA(2005)0043

Recognition of seafarers' certificates ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC (COM(2004)0311 — C6-0033/2004 — 2004/0098(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0311) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0311) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0033/2004), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0033/2004),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0057/2004), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0057/2004),

| 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(2004)0098

Position of the European Parliament adopted at first reading on 23 February 2005 with a view to the adoption of European Parliament and Council Directive 2005/.../EC on the recognition of seafarers' certificates issued by the Member States and amending Directive 2001/25/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

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

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

Whereas:

| (1) | In its conclusions of 5 June 2003 on improving the image of Community shipping and attracting young people to the seafaring profession, the Council highlighted the necessity of fostering the professional mobility of seafarers within the European Union, with particular emphasis on recognition procedures for seafarers' certificates of competency, while ensuring thorough compliance with the requirements of the International Maritime Organisation Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended from time to time (STCW Convention). |
| --- | --- |

(1)

In its conclusions of 5 June 2003 on improving the image of Community shipping and attracting young people to the seafaring profession, the Council highlighted the necessity of fostering the professional mobility of seafarers within the European Union, with particular emphasis on recognition procedures for seafarers' certificates of competency, while ensuring thorough compliance with the requirements of the International Maritime Organisation Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended from time to time (STCW Convention).

| (2) | Maritime transport is an intensively and rapidly developing sector of a particularly international character. Accordingly, in view of the increasing shortage of Community seafarers, the balance between supply and demand in personnel can be maintained more efficiently at the Community rather than the national level. It is therefore essential that the common transport policy in the field of maritime transport be extended to facilitate the movement of seafarers within the Community. |
| --- | --- |

(2)

Maritime transport is an intensively and rapidly developing sector of a particularly international character. Accordingly, in view of the increasing shortage of Community seafarers, the balance between supply and demand in personnel can be maintained more efficiently at the Community rather than the national level. It is therefore essential that the common transport policy in the field of maritime transport be extended to facilitate the movement of seafarers within the Community.

| (3) | As regards seafarers' qualifications, the Community has laid down minimum maritime education, training and certification requirements by way of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (4). That Directive incorporates into Community law the international training, certification and watchkeeping standards laid down by the STCW Convention. |
| --- | --- |

(3)

As regards seafarers' qualifications, the Community has laid down minimum maritime education, training and certification requirements by way of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (4). That Directive incorporates into Community law the international training, certification and watchkeeping standards laid down by the STCW Convention.

| (4) | Directive 2001/25/EC provides that seafarers must hold a certificate of competency issued and endorsed by the competent authority of a Member State in accordance with that Directive and entitling the lawful holder thereof to serve on a ship in the capacity and perform the functions involved at the level of responsibility specified therein. |
| --- | --- |

(4)

Directive 2001/25/EC provides that seafarers must hold a certificate of competency issued and endorsed by the competent authority of a Member State in accordance with that Directive and entitling the lawful holder thereof to serve on a ship in the capacity and perform the functions involved at the level of responsibility specified therein.

| (5) | Under Article 18(1) and (2) of Directive 2001/25/EC mutual recognition among Member States of certificates held by seafarers whether or not nationals of Member States are subject to the provisions of Directives 89/48/EEC (5) and 92/51/EEC (6) setting up, respectively a first and a second general system for the recognition of professional education and training. Those Directives do not provide for the automatic recognition of formal qualifications of seafarers, as seafarers may be subject to compensation measures. |
| --- | --- |

(5)

Under Article 18(1) and (2) of Directive 2001/25/EC mutual recognition among Member States of certificates held by seafarers whether or not nationals of Member States are subject to the provisions of Directives 89/48/EEC (5) and 92/51/EEC (6) setting up, respectively a first and a second general system for the recognition of professional education and training. Those Directives do not provide for the automatic recognition of formal qualifications of seafarers, as seafarers may be subject to compensation measures.

| (6) | Each Member State should recognise any certificate and other evidence of formal qualifications issued by another Member State in accordance with Directive 2001/25/EC. Therefore, each Member State should permit a seafarer having acquired his/her certificate of competency in another Member State, satisfying the requirements of that Directive, to take up or to pursue the maritime profession for which he/she is qualified, without any prerequisites other than those imposed on its own nationals. |
| --- | --- |

(6)

Each Member State should recognise any certificate and other evidence of formal qualifications issued by another Member State in accordance with Directive 2001/25/EC. Therefore, each Member State should permit a seafarer having acquired his/her certificate of competency in another Member State, satisfying the requirements of that Directive, to take up or to pursue the maritime profession for which he/she is qualified, without any prerequisites other than those imposed on its own nationals.

| (7) | Since this Directive is aimed at facilitating the mutual recognition of certificates, it does not regulate the conditions concerning access to employment. |
| --- | --- |

(7)

Since this Directive is aimed at facilitating the mutual recognition of certificates, it does not regulate the conditions concerning access to employment.

| (8) | The STCW Convention specifies language requirements for seafarers. These requirements should be introduced into Community law to ensure effective communication on board ships and facilitate the free movement of seafarers within the Community. |
| --- | --- |

(8)

The STCW Convention specifies language requirements for seafarers. These requirements should be introduced into Community law to ensure effective communication on board ships and facilitate the free movement of seafarers within the Community.

| (9) | Today, the proliferation of certificates of competency of seafarers obtained by fraud poses a serious danger to safety at sea and the protection of the marine environment. In most cases, holders of fraudulent certificates of competency do not meet the minimum certification requirements of the STCW Convention. These seafarers may easily be involved in maritime accidents. |
| --- | --- |

(9)

Today, the proliferation of certificates of competency of seafarers obtained by fraud poses a serious danger to safety at sea and the protection of the marine environment. In most cases, holders of fraudulent certificates of competency do not meet the minimum certification requirements of the STCW Convention. These seafarers may easily be involved in maritime accidents.

| (10) | Member States should therefore take and enforce specific measures to prevent and penalise fraudulent practices associated with certificates of competency
  as well as pursue their efforts within the International Maritime Organisation to achieve strict and enforceable agreements on the world-wide combating of such practices. The Committee on Safe Seas and the Prevention of Pollution from Ships is an appropriate forum for exchanging information, experience and best practices in this respect. |
| --- | --- |

(10)

Member States should therefore take and enforce specific measures to prevent and penalise fraudulent practices associated with certificates of competency
  as well as pursue their efforts within the International Maritime Organisation to achieve strict and enforceable agreements on the world-wide combating of such practices. The Committee on Safe Seas and the Prevention of Pollution from Ships is an appropriate forum for exchanging information, experience and best practices in this respect.

| (11) | Regulation (EC) No 1406/2002
   (7)
  established a European Maritime Safety Agency (the Agency), for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships. One of the tasks assigned to the Agency is to assist the Commission in the performance of any task assigned to it by Community legislation applicable to training, certification and watchkeeping of ships' crews. |
| --- | --- |

(11)

Regulation (EC) No 1406/2002
   (7)
  established a European Maritime Safety Agency (the Agency), for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships. One of the tasks assigned to the Agency is to assist the Commission in the performance of any task assigned to it by Community legislation applicable to training, certification and watchkeeping of ships' crews.

| (12) | The Agency should therefore assist the Commission in verifying that Member States comply with the requirements laid down in this Directive and Directive 2001/25/EC. |
| --- | --- |

(12)

The Agency should therefore assist the Commission in verifying that Member States comply with the requirements laid down in this Directive and Directive 2001/25/EC.

| (13) | The mutual recognition among Member States of certificates held by seafarers whether or not nationals of Member States should no longer be subject to the provisions of Directives 89/48/EEC and 92/51/EEC, but should be governed by the provisions of this Directive. |
| --- | --- |

(13)

The mutual recognition among Member States of certificates held by seafarers whether or not nationals of Member States should no longer be subject to the provisions of Directives 89/48/EEC and 92/51/EEC, but should be governed by the provisions of this Directive.

| (14) | The Council should, in accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (8), encourage Member States to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures and to make those tables public. |
| --- | --- |

(14)

The Council should, in accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (8), encourage Member States to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures and to make those tables public.

| (15) | Directive 2001/25/EC should therefore be amended accordingly, |
| --- | --- |

(15)

Directive 2001/25/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive shall apply to
  seafarers who are:

| (a) | nationals of a Member State; |
| --- | --- |

(a)

nationals of a Member State;

| (b) | non-nationals who hold a
  certificate issued
  by a Member State. |
| --- | --- |

(b)

non-nationals who hold a
  certificate issued
  by a Member State.

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

| (a) | ‘
  seafarer
  ’ means
  a person who is
  trained
  and who is certificated by a Member State
  at least in accordance with the
  requirements laid
  down in Annex I to Directive 2001/25/EC; |
| --- | --- |

(a)

‘
  seafarer
  ’ means
  a person who is
  trained
  and who is certificated by a Member State
  at least in accordance with the
  requirements laid
  down in Annex I to Directive 2001/25/EC;

| (b) | ‘certificate’ means a valid document within the meaning of Article 4 of Directive
  2001/25/EC
  ; |
| --- | --- |

(b)

‘certificate’ means a valid document within the meaning of Article 4 of Directive
  2001/25/EC
  ;

| (c) | ‘appropriate certificate’ means a
  certificate as
  defined in Article 1 point 27) of Directive 2001/25/EC; |
| --- | --- |

(c)

‘appropriate certificate’ means a
  certificate as
  defined in Article 1 point 27) of Directive 2001/25/EC;

| (d) | ‘endorsement’ means a valid document issued by the competent authority of a Member State
  in accordance
  with Article
  5(2) and (6) of Directive 2001/25/EC
  ; |
| --- | --- |

(d)

‘endorsement’ means a valid document issued by the competent authority of a Member State
  in accordance
  with Article
  5(2) and (6) of Directive 2001/25/EC
  ;

| (e) | ‘recognition’ means
  the acceptance by the competent authorities of a host Member State of
  a certificate or appropriate certificate issued by another Member
  State
  ; |
| --- | --- |

(e)

‘recognition’ means
  the acceptance by the competent authorities of a host Member State of
  a certificate or appropriate certificate issued by another Member
  State
  ;

| (f) | ‘host Member State’ means any Member State in which a seafarer
  seeks recognition of his/her appropriate certificate(s) or other certificate(s)
  ; |
| --- | --- |

(f)

‘host Member State’ means any Member State in which a seafarer
  seeks recognition of his/her appropriate certificate(s) or other certificate(s)
  ;

| (g) | ‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,
  as amended from time to time; |
| --- | --- |

(g)

‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,
  as amended from time to time;

| (h) | ‘STCW Code’ means the Seafarers' Training, Certification and Watchkeeping Code, as adopted by Resolution 2 of the 1995 STCW Conference of Parties,
  as amended from time to time
  ; |
| --- | --- |

(h)

‘STCW Code’ means the Seafarers' Training, Certification and Watchkeeping Code, as adopted by Resolution 2 of the 1995 STCW Conference of Parties,
  as amended from time to time
  ;

| (i) | ‘the Agency’ means the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002. |
| --- | --- |

(i)

‘the Agency’ means the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002.

Article 3

Recognition of certificates

1.   Every Member State shall
  recognise appropriate
  certificates
  or other certificates issued
  by another Member State in accordance with the requirements laid down in Directive
  2001/25/EC.

2.   
  The
  recognition of appropriate certificates shall be limited to the capacities, functions and levels of competency prescribed
  therein and be accompanied
  by
  an
  endorsement
  attesting such recognition
  .

3.
     
  Member States shall ensure the right to appeal against any refusal to endorse a valid certificate, or the absence of any response, in accordance with national legislation and procedures.

4.
     
  Notwithstanding paragraph 3, the competent authorities of a host Member State may impose further limitations on capacities, functions and levels of competence relating to near-coastal voyages, as referred to in Article 7 of Directive 2001/25/EC, or alternative certificates issued under Regulation VII/1 of Annex I to Directive 2001/25/EC.

5.
     
  A host Member State shall ensure that seafarers who present for recognition certificates for functions at the management level have an appropriate knowledge of the maritime legislation of that Member State relevant to the functions they are permitted to perform.

Article 4

Amendments to Directive 2001/25/EC

Directive 2001/25/EC shall be amended as follows:

| 1) | Article 4 is replaced by:


  ‘
  Article 4




  Certificate




  A certificate shall be any valid document, by whatever name it may be known, issued by or under the authority of the competent authority of a Member State in accordance with Article 5 and with the requirements laid down in Annex I.
  ’ |
| --- | --- |

1)

Article 4 is replaced by:

‘
  Article 4

Certificate

A certificate shall be any valid document, by whatever name it may be known, issued by or under the authority of the competent authority of a Member State in accordance with Article 5 and with the requirements laid down in Annex I.
  ’

| 2) | The following Article 7a is inserted:


  ‘
  Article 7a




  Prevention of fraud and other unlawful practices




  1.
     
  Member States shall take and enforce the appropriate measures to prevent fraud and other unlawful practices involving the certification process or certificates issued and endorsed by their competent authorities, and shall provide for sanctions that are effective, proportionate and dissuasive.




  2.
     
  Member States shall designate the national authorities competent to detect and combat fraudulent practices and exchange information with other countries' competent authorities concerning the certification of seafarers.




  Member States shall forthwith inform the other Member States and the Commission thereof.




  Member States shall also forthwith inform thereof any third countries with which they have entered into an undertaking in accordance with Regulation I/10, paragraph 1.2 of the STCW Convention.




  3.
     
  At the request of a host Member State, the competent authorities of another Member State shall provide written confirmation or denial of the authenticity of seafarers' certificates, corresponding endorsements or any other documentary evidence of training issued in that other Member State'
  ’ |
| --- | --- |

2)

The following Article 7a is inserted:

‘
  Article 7a

Prevention of fraud and other unlawful practices

1.
     
  Member States shall take and enforce the appropriate measures to prevent fraud and other unlawful practices involving the certification process or certificates issued and endorsed by their competent authorities, and shall provide for sanctions that are effective, proportionate and dissuasive.

2.
     
  Member States shall designate the national authorities competent to detect and combat fraudulent practices and exchange information with other countries' competent authorities concerning the certification of seafarers.

Member States shall forthwith inform the other Member States and the Commission thereof.

Member States shall also forthwith inform thereof any third countries with which they have entered into an undertaking in accordance with Regulation I/10, paragraph 1.2 of the STCW Convention.

3.
     
  At the request of a host Member State, the competent authorities of another Member State shall provide written confirmation or denial of the authenticity of seafarers' certificates, corresponding endorsements or any other documentary evidence of training issued in that other Member State'
  ’

| 3) | Article 18(1) and (2) are deleted with effect from [...] (9); |
| --- | --- |

3)

Article 18(1) and (2) are deleted with effect from [...] (9);

| 4) | The following
  Article 21a
  is inserted:
  ‘
  Article 21a


  Regular Monitoring of compliance
  Without prejudice to the powers of the Commission under Article 226 of the Treaty, the Commission, assisted by the Agency, shall verify
  on a regular basis and at least every
  five years that Member States comply with the minimum requirements laid down by this Directive;’ |
| --- | --- |

4)

The following
  Article 21a
  is inserted:

‘
  Article 21a

Regular Monitoring of compliance

Without prejudice to the powers of the Commission under Article 226 of the Treaty, the Commission, assisted by the Agency, shall verify
  on a regular basis and at least every
  five years that Member States comply with the minimum requirements laid down by this Directive;’

| 5) | The following Article 21b is inserted:


  ‘
  Article 21b




  Compliance report




  No later than [...] (10) the Commission must submit to the European Parliament and the Council an evaluation report drawn up on the basis of the information obtained pursuant to Article 21a. In this report the Commission will analyse the Member States' compliance with this Directive and, where necessary, make proposals for additional measures
  ’ |
| --- | --- |

5)

The following Article 21b is inserted:

‘
  Article 21b

Compliance report

No later than [...] (10) the Commission must submit to the European Parliament and the Council an evaluation report drawn up on the basis of the information obtained pursuant to Article 21a. In this report the Commission will analyse the Member States' compliance with this Directive and, where necessary, make proposals for additional measures
  ’

| 6) | The following paragraph 1a is inserted in Annex I, Chapter I:


  ‘
  1a. Member States shall ensure that seafarers possess adequate language proficiency, as defined in Sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code so as to enable them to perform their specific duties on a vessel flying the flag of a host Member State.
  ’ |
| --- | --- |

6)

The following paragraph 1a is inserted in Annex I, Chapter I:

‘
  1a. Member States shall ensure that seafarers possess adequate language proficiency, as defined in Sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code so as to enable them to perform their specific duties on a vessel flying the flag of a host Member State.
  ’

Article 5

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [...] (11) at the latest. They shall forthwith communicate to the Commission the text of those
  provisions
  .

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

Article 6

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 7

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 23 February 2005.

3

Position of the European Parliament of 23 February 2005.

(4)  OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive 2003/103/EC (OJ L 326, 13.12.2003, p. 28).

4

(5)  Council Directive 89/48/EEC of 21 December 1988 on a general system for the reconition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19, 24.1.1989, p. 16). Directive as amended by Directive 2001/19/EC of the European Parliament and of the Council (OJ L 206, 31.7.2001, p. 1).

5

Council Directive 89/48/EEC of 21 December 1988 on a general system for the reconition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration

(6)  Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25

  ). Directive as last amended by Commission Decision 2004/108/EC (OJ L 32, 5.2.2004, p. 15).

6

Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

p. 25

)

(7)  Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1). Regulation as last amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1

  ).

7

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency

last

724/2004

129, 29.4.2004, p. 1

)

(8)  OJ C 321, 31.12.2003, p. 1.

8

(9)  
  24 months after the entry into force of this Directive.

9

24 months

(10)  5 years from the date of entry into force of this Directive.

10

(11)  
  24 months after the date of entry into force of this Directive.

11

24 months

P6_TA(2005)0044

Fisheries Control Agency *

European Parliament legislative resolution on the proposal for a Council regulation establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy (COM(2004)0289 — C6-0021/2004 — 2004/0108(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004)0289) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004)0289) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0021/2004), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0021/2004),

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

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries and the opinion of the Committee on Budgets (A6-0022/2005), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Budgets (A6-0022/2005),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 2 |
| (2) To fulfil these obligations it is necessary for the Member States to coordinate their control and inspection activities in Community waters
  and
  international waters with regard to the activities of Community fishing vessels taking into account, in particular, the obligations of the Community in with the framework of regional fisheries organisations and under agreements with third countries. | (2) To fulfil these obligations it is necessary for the Member States to coordinate their control and inspection activities in Community waters, international waters
  and the waters of third countries with which the Community has negotiated a fisheries agreement that includes an enforcement agreement
  with regard to the activities of Community fishing vessels taking into account, in particular, the obligations of the Community within the framework of regional fisheries organisations and under agreements with third countries. |
| Amendment 2 |
| RECITAL 3 |
| (3) Such cooperation, through the operational coordination of control and inspection activities, should contribute to the sustainable exploitation of living aquatic resources as well as ensuring a level playing field for the fishing industry involved in this exploitation thus
  reducing
  the distortion in competition. | (3) Such cooperation, through the operational coordination of control and inspection activities, should contribute to the sustainable exploitation of living aquatic resources as well as ensuring a level playing field for the fishing industry involved in this exploitation thus
  minimising
  the distortion in competition,
  especially that resulting from illegal, unreported and unregulated fishing activities. Such cooperation should also be aimed at creating conditions under which Member States can fulfil their obligations as cost-effectively as possible. |
| Amendment 3 |
| RECITAL 16 |
| (16) The Commission
  and
  the Member States should be represented within an Administrative Board that would be entrusted with ensuring the correct and effective functioning of the Agency. | (16) The Commission, the Member States
  and the fishing industry
  should be represented within an Administrative Board that would be entrusted with ensuring the correct and effective functioning of the Agency. |
| Amendment 4 |
| RECITAL 18 |
| (18) Voting arrangements in the Administrative Board should take into account the interests of the Member States
  and
  the Commission in the effective operation of the Agency.
  It is appropriate to provide for the inclusion on the Administrative Board of a limited number of non-voting representatives of the fishing industry. | (18) Voting arrangements in the Administrative Board should take into account the interests of the Member States, the Commission
  and the fishing industry
  in the effective operation of the Agency. |
| Amendment 5 |
| ARTICLE 1, PARAGRAPH 1a (new) |
| | The Agency shall provide the Member States and the Commission with the technical and scientific assistance necessary to help them apply the rules of the Common Fisheries Policy correctly, including aspects relating to health and safety at work. |
| Amendment 6 |
| ARTICLE 2, INTRODUCTION |
| Operational coordination by the Agency shall cover inspection and control of fishing activities, up to the first point of sale of
  fishery
  products, which are carried out | Operational coordination by the Agency shall cover inspection and control of fishing activities —
  including the import, transport and sale of fishery products
  , up to the first point of sale of
  all such
  products — which are carried out |
| Amendment 7 |
| ARTICLE 2, POINT (c) |
| (c) | outside Community waters by Community fishing vessels. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 2

(2) To fulfil these obligations it is necessary for the Member States to coordinate their control and inspection activities in Community waters
  and
  international waters with regard to the activities of Community fishing vessels taking into account, in particular, the obligations of the Community in with the framework of regional fisheries organisations and under agreements with third countries.

(2) To fulfil these obligations it is necessary for the Member States to coordinate their control and inspection activities in Community waters, international waters
  and the waters of third countries with which the Community has negotiated a fisheries agreement that includes an enforcement agreement
  with regard to the activities of Community fishing vessels taking into account, in particular, the obligations of the Community within the framework of regional fisheries organisations and under agreements with third countries.

Amendment 2

RECITAL 3

(3) Such cooperation, through the operational coordination of control and inspection activities, should contribute to the sustainable exploitation of living aquatic resources as well as ensuring a level playing field for the fishing industry involved in this exploitation thus
  reducing
  the distortion in competition.

(3) Such cooperation, through the operational coordination of control and inspection activities, should contribute to the sustainable exploitation of living aquatic resources as well as ensuring a level playing field for the fishing industry involved in this exploitation thus
  minimising
  the distortion in competition,
  especially that resulting from illegal, unreported and unregulated fishing activities. Such cooperation should also be aimed at creating conditions under which Member States can fulfil their obligations as cost-effectively as possible.

Amendment 3

RECITAL 16

(16) The Commission
  and
  the Member States should be represented within an Administrative Board that would be entrusted with ensuring the correct and effective functioning of the Agency.

(16) The Commission, the Member States
  and the fishing industry
  should be represented within an Administrative Board that would be entrusted with ensuring the correct and effective functioning of the Agency.

Amendment 4

RECITAL 18

(18) Voting arrangements in the Administrative Board should take into account the interests of the Member States
  and
  the Commission in the effective operation of the Agency.
  It is appropriate to provide for the inclusion on the Administrative Board of a limited number of non-voting representatives of the fishing industry.

(18) Voting arrangements in the Administrative Board should take into account the interests of the Member States, the Commission
  and the fishing industry
  in the effective operation of the Agency.

Amendment 5

ARTICLE 1, PARAGRAPH 1a (new)

The Agency shall provide the Member States and the Commission with the technical and scientific assistance necessary to help them apply the rules of the Common Fisheries Policy correctly, including aspects relating to health and safety at work.

Amendment 6

ARTICLE 2, INTRODUCTION

Operational coordination by the Agency shall cover inspection and control of fishing activities, up to the first point of sale of
  fishery
  products, which are carried out

Operational coordination by the Agency shall cover inspection and control of fishing activities —
  including the import, transport and sale of fishery products
  , up to the first point of sale of
  all such
  products — which are carried out

Amendment 7

ARTICLE 2, POINT (c)

(c)

outside Community waters by Community fishing vessels.

| (c) | outside Community waters by Community fishing vessels
  including the waters of third countries with which the Community has negotiated a fisheries agreement that includes an enforcement agreement; |
| --- | --- |

(c)

outside Community waters by Community fishing vessels
  including the waters of third countries with which the Community has negotiated a fisheries agreement that includes an enforcement agreement;

Amendment 8

ARTICLE 2, POINT (ca) (new)

| (ca) | by vessels registered in third countries whose fishing activities are illegal, unreported and unregulated; |
| --- | --- |

(ca)

Amendment 9

ARTICLE 2, POINT (cb) (new)

| (cb) | on the territory of third countries when there are bilateral cooperation protocols between inspection services or within the framework of regional fisheries organisations. |
| --- | --- |

(cb)

Amendment 10

ARTICLE 4, POINT (ba) (new)

| (ba) | to coordinate operations to combat illegal, unreported and unregulated fishing in conformity with Community rules; |
| --- | --- |

(ba)

Amendment 11

ARTICLE 4, POINT (da) (new)

| (da) | to assist Member States and the Commission in harmonising the application of the Common Fisheries Policy throughout the European Union; |
| --- | --- |

(da)

Amendment 12

ARTICLE 4, POINT (db) (new)

| (db) | to coordinate the activities of national authorities with respect to gathering the basic data required by the Agency; |
| --- | --- |

(db)

Amendment 13

ARTICLE 4, POINT (dc) (new)

| (dc) | to work together with Member States and the Commission to investigate and develop technical control and inspection solutions; |
| --- | --- |

(dc)

Amendment 14

ARTICLE 4, POINT (dd) (new)

| (dd) | to provide information on the applicability and cost-effectiveness of the rules of the Common Fisheries Policy with regard to control and inspection. |
| --- | --- |

(dd)

Amendment 15

ARTICLE 7

The Agency may provide contractual services to Member States, at their request, relating to control and inspection in connection with
  their
  obligations concerning fisheries in Community and/or international waters, including the chartering, operating and staffing of control and inspection platforms and the provision of observers for joint operations by the Member States concerned.

The Agency may provide contractual services to Member States
  and to the Commission
  , at their request, relating to control and inspection in connection with
  Member States'
  obligations concerning fisheries in Community and/or international waters, including the chartering, operating and staffing of control and inspection platforms and the provision of observers for joint operations by the Member States concerned.

Amendment 16

ARTICLE 8, POINT (a)

| (a) | establish and develop a core curriculum for the training of the instructors of the fisheries inspectors of the Member States and may provide
  additional training courses and
  seminars to those inspectors; |
| --- | --- |

(a)

establish and develop a core curriculum for the training of the instructors of the fisheries inspectors of the Member States and may provide
  additional training courses and
  seminars to those inspectors;

| (a) | create a training centre and
  establish and develop a core curriculum for the training of the instructors of the fisheries inspectors of the Member States and may provide seminars to those inspectors; |
| --- | --- |

(a)

create a training centre and
  establish and develop a core curriculum for the training of the instructors of the fisheries inspectors of the Member States and may provide seminars to those inspectors;

Amendment 18

ARTICLE 14

The Agency shall undertake an annual assessment of the effectiveness of each joint deployment plan, as well as an analysis, on the basis of available evidence, of the existence of a risk that fishing activities are not compliant with applicable conservation and control measures. Such assessments shall be promptly communicated to the Commission.

The Agency shall undertake an annual assessment of the effectiveness of each joint deployment plan, as well as an analysis, on the basis of available evidence, of the existence of a risk that fishing activities are not compliant with applicable conservation and control measures. Such assessments shall be promptly communicated to
  the European Parliament,
  the Commission,
  the Member States and the Advisory Committee on Fisheries and Aquaculture (ACFA)
  .

Amendment 19

ARTICLE 17, PARAGRAPH 1

1. The Commission, the Agency and the competent authorities of Member States shall exchange relevant information available to them regarding control and inspection activities within Community and international waters.

1. The Commission, the Agency and the competent authorities of Member States
  and those third countries with which the Community has negotiated a fisheries agreement that includes an enforcement agreement
  shall exchange relevant information available to them regarding control and inspection activities within Community and international waters.

Amendment 20

ARTICLE 19, PARAGRAPH 4

4. The seat of the Agency shall be at
  [...]
  , Spain.

4. The seat of the Agency shall be at
  Vigo
  , Spain.

Amendment 21

ARTICLE 19, PARAGRAPH 4a (new)

4a. The host Member State may provide a contribution to the setting-up of the Agency, especially in the form of buildings, building sites and infrastructure.

Amendment 22

ARTICLE 24, PARAGRAPH 2, POINT (c), SUBPARAGRAPH 1

| (c) | adopt by 31 October each year, and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission
  and
  the Member States; |
| --- | --- |

(c)

adopt by 31 October each year, and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission
  and
  the Member States;

| (c) | adopt by 31 October each year, and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission, the Member States
  and the ACFA
  ; |
| --- | --- |

(c)

adopt by 31 October each year, and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission, the Member States
  and the ACFA
  ;

Amendment 23

ARTICLE 25, PARAGRAPH 1, SUBPARAGRAPH 1

1. The Administrative Board shall be composed of one representative from each Member State whose vessels are engaged in fishing activities relating to marine living resources and four representatives of the Commission as well as of four representatives of the fishing industry nominated by the
  Commission without the right to vote
  .

1. The Administrative Board shall be composed of one representative from each Member State whose vessels are engaged in fishing activities relating to marine living resources and four representatives of the Commission as well as of four representatives of the fishing industry nominated by the
  ACFA
  .

Amendment 24

ARTICLE 25, PARAGRAPH 2

2. Each Member State
  and
  the Commission shall appoint their members of the Administrative Board as well as an alternate who will represent the member in his/her absence.

2. Each Member State, the Commission
  and the ACFA
  shall appoint their members of the Administrative Board as well as an alternate who will represent the member in his/her absence.

Amendment 25

ARTICLE 27, PARAGRAPH 3

3. The Administrative Board shall hold an ordinary meeting once a year. In addition it shall meet on the initiative of the Chairperson or at the request of the Commission
  or
  of one-third of the Member States represented on the Administrative Board.

3. The Administrative Board shall hold an ordinary meeting once a year. In addition it shall meet on the initiative of the Chairperson or at the request of the Commission, of one-third of the Member States represented on the Administrative Board
  or of a majority of those representing the industry
  .

Amendment 26

ARTICLE 27, PARAGRAPH 4

4. When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the members nominated by the Commission as representatives of the fishing industry. Detailed rules for the application of this provision may be laid down in the rules of procedure.

Deleted

Amendment 27

ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 1

2. Each member
  who is appointed by a Member State
  shall have one vote. The members
  appointed by
  the Commission shall jointly have ten votes. The Executive Director of the Agency shall not vote.

2. Each member shall have one vote
  , except
  the members
  representing
  the Commission
  , who
  shall jointly have ten votes. The Executive Director of the Agency shall not vote.

Amendment 28

ARTICLE 29, PARAGRAPH 1

1. The members of the Administrative Board
  who are nominated by the Commission as representatives of the fishing industry
  shall make a declaration of commitment and a declaration of interests indicating either the absence of any interests which might be prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing.

1. The members of the Administrative Board shall make a declaration of commitment and a declaration of interests indicating either the absence of any interests which might be prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing.

Amendment 29

ARTICLE 29, PARAGRAPH 2

2. The members of the Administrative Board
  who are nominated by the Commission as representatives of the fishing industry
  shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda.

2. The members of the Administrative Board shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda
  and shall not be entitled to vote on any such items
  .

Amendment 30

ARTICLE 30, PARAGRAPH 3, POINT (ga) (new)

| (ga) | he/she shall report annually to the European Parliament on the activities and functioning of the Agency. |
| --- | --- |

(ga)

Amendment 31

ARTICLE 31, PARAGRAPH 1

1. The Executive Director shall be appointed by the Administrative Board, on the grounds of merit and documented relevant experience in the field of
  fisheries policy
  , from a list of three candidates proposed by the Commission after a selection procedure, following publication of the post in the Official Journal of the European Union, and elsewhere, of a call for expressions of interest.

1. The Executive Director shall be appointed by the Administrative Board, on the grounds of merit and documented relevant experience in the field of
  the Common Fisheries Policy and fisheries control and inspection
  , from a list of three candidates proposed by the Commission after a selection procedure, following publication of the post in the Official Journal of the European Union, and elsewhere, of a call for expressions of interest.

Amendment 32

ARTICLE 31, PARAGRAPH 3

3. Power to dismiss the Executive Director shall lie with the Administrative Board on the proposal
  of the Commission
  .

3. Power to dismiss the Executive Director shall lie with the Administrative Board on the proposal of
  one of its members. The decision shall be taken by a two-thirds majority of members
  .

Amendment 33

ARTICLE 39, PARAGRAPH 1

1. Within
  [five]
  years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Administrative Board shall commission an independent external evaluation of the implementation of this Regulation. The Commission shall make available to the Agency any information the Agency considers relevant to the evaluation.

1. Within
  [three]
  years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Administrative Board shall commission an independent external evaluation of the implementation of this Regulation. The Commission shall make available to the Agency any information the Agency considers relevant to the evaluation.

Amendment 34

ARTICLE 41

Article 34c, paragraph 1, subparagraph 1 (Regulation (EEC) No 2847/93)

1. The Commission,
  in accordance with the procedure laid down in Article 30(2)
  of Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, and in concert with the Member States concerned, shall determine which fisheries involving two or more Member States shall be subject to specific control and inspection programmes and the conditions governing such programmes.

1. The Commission,
  assisted by the Committee for Fisheries and Aquaculture set up by Article 30(1)
  of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy,
  and acting in accordance with the procedure laid down in Articles 4 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission  (2),
  and in concert with the Member States concerned, shall determine which fisheries involving two or more Member States shall be subject to specific control and inspection programmes and the conditions governing such programmes.
  The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 20 working days.

---

(1)  Not yet published in OJ.

(2)  

  OJ L 184, 17.7.1999, p. 23.

P6_TA(2005)0045

Environment and Health Action Plan 2004-2010

European Parliament resolution on the European Environment and Health Action Plan 2004-2010 2004/2132(INI))

The European Parliament,

| — | having regard to the communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the European Environment and Health Action Plan 2004-2010 (COM(2004)0416), |
| --- | --- |

—

having regard to the communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the European Environment and Health Action Plan 2004-2010 (COM(2004)0416),

| — | having regard to its resolution of 31 March 2004 on a European Environment and Health Strategy (1), |
| --- | --- |

—

having regard to its resolution of 31 March 2004 on a European Environment and Health Strategy (1),

| — | having regard to the action plan of the World Health Organisation adopted at the Fourth Pan-European Ministerial Conference on Environment and Health held in Budapest from 23 to 25 June 2004, |
| --- | --- |

—

having regard to the action plan of the World Health Organisation adopted at the Fourth Pan-European Ministerial Conference on Environment and Health held in Budapest from 23 to 25 June 2004,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0008/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0008/2005),

| A. | whereas the health risks presented by the causes of environmental pollution are one of the main concerns of European citizens and the European Union can no longer delay putting in place a real policy on environmental health safety, |
| --- | --- |

A.

whereas the health risks presented by the causes of environmental pollution are one of the main concerns of European citizens and the European Union can no longer delay putting in place a real policy on environmental health safety,

| B. | whereas environment and nature can make a valuable contribution to public health in the European Union, |
| --- | --- |

B.

whereas environment and nature can make a valuable contribution to public health in the European Union,

| C. | whereas the European Environment and Health Action Plan suggested by the Commission was planned to implement the European Environment and Health Strategy, also known as SCALE (based on Science, focussing on Children, aiming at raising Awareness, using Legal instruments and including constant Evaluation) (COM(2003)0338), |
| --- | --- |

C.

whereas the European Environment and Health Action Plan suggested by the Commission was planned to implement the European Environment and Health Strategy, also known as SCALE (based on Science, focussing on Children, aiming at raising Awareness, using Legal instruments and including constant Evaluation) (COM(2003)0338),

| D. | whereas risk assessment of vulnerable population groups in relation to environmental pollution, and children's vulnerability in particular, is insufficiently addressed in the Action Plan, contrary to what was decided in the SCALE Initiative, |
| --- | --- |

D.

whereas risk assessment of vulnerable population groups in relation to environmental pollution, and children's vulnerability in particular, is insufficiently addressed in the Action Plan, contrary to what was decided in the SCALE Initiative,

| E. | whereas, however, in the European Union almost one in three childhood diseases occurring between birth and the age of 19 can be attributed to environmental causes, and more than 40 % of this figure affects children under five, |
| --- | --- |

E.

whereas, however, in the European Union almost one in three childhood diseases occurring between birth and the age of 19 can be attributed to environmental causes, and more than 40 % of this figure affects children under five,

| F. | whereas children are especially vulnerable to early or continuous environmental exposure, which can trigger chronic diseases that sometimes show up only decades later, |
| --- | --- |

F.

whereas children are especially vulnerable to early or continuous environmental exposure, which can trigger chronic diseases that sometimes show up only decades later,

| G. | whereas other groups in society, including low-income or single-parent families and minority communities, also suffer disproportionate levels of health risk by virtue of their social or economic position, and whereas these groups also need specific consideration, |
| --- | --- |

G.

whereas other groups in society, including low-income or single-parent families and minority communities, also suffer disproportionate levels of health risk by virtue of their social or economic position, and whereas these groups also need specific consideration,

| H. | whereas children are not exposed to pollution in their home life to the same degree across Europe and any measure taken by the European Union in this area henceforth should also have the aim of tackling inequalities in child health, |
| --- | --- |

H.

whereas children are not exposed to pollution in their home life to the same degree across Europe and any measure taken by the European Union in this area henceforth should also have the aim of tackling inequalities in child health,

| I. | whereas there has been a substantial and worrying increase over the last 20 years in the incidence of the following diseases:






  — | acute respiratory infections, the main cause of death in children under five, proven to be linked to outdoor and indoor air pollution, |
| --- | --- | --- |

I.

whereas there has been a substantial and worrying increase over the last 20 years in the incidence of the following diseases:

—

acute respiratory infections, the main cause of death in children under five, proven to be linked to outdoor and indoor air pollution,

| — | sometimes irreversible neurodevelopmental disorders, triggered by early exposure to dangerous substances such as lead, methylmercury, PCBs and some solvents and pesticides, |
| --- | --- |

—

sometimes irreversible neurodevelopmental disorders, triggered by early exposure to dangerous substances such as lead, methylmercury, PCBs and some solvents and pesticides,

| J. | whereas, at its session of 1 and 2 June 2004, the Council adopted conclusions on childhood asthma and asked the Commission and Member States to take full account of the major public health challenge posed by childhood asthma, |
| --- | --- |

J.

whereas, at its session of 1 and 2 June 2004, the Council adopted conclusions on childhood asthma and asked the Commission and Member States to take full account of the major public health challenge posed by childhood asthma,

| K. | whereas, under the present Action Plan, the priority for the first cycle (2004-2010) is better coordination and a more transversal approach in relation to activities of actors in the environment, health and research fields, the main aim being to improve knowledge of the impact of environmental pollution on health, |
| --- | --- |

K.

whereas, under the present Action Plan, the priority for the first cycle (2004-2010) is better coordination and a more transversal approach in relation to activities of actors in the environment, health and research fields, the main aim being to improve knowledge of the impact of environmental pollution on health,

| L. | whereas this approach is intrinsically inadequate, since it ignores the many authoritative scientific studies published that show the correlation between environmental factors and the four priority diseases in the communication: asthma and childhood allergies, neurodevelopmental disorders, cancer and endocrine-disrupting effects, |
| --- | --- |

L.

whereas this approach is intrinsically inadequate, since it ignores the many authoritative scientific studies published that show the correlation between environmental factors and the four priority diseases in the communication: asthma and childhood allergies, neurodevelopmental disorders, cancer and endocrine-disrupting effects,

| M. | whereas the use of legal instruments is completely absent from the Action Plan, contrary to what was foreseen under SCALE (its letter ‘L’), |
| --- | --- |

M.

whereas the use of legal instruments is completely absent from the Action Plan, contrary to what was foreseen under SCALE (its letter ‘L’),

| N. | whereas two out of three ultimate objectives of SCALE — the reduction of the disease burden by environmental factors, and the identification and prevention of new health threats caused by environmental factors — have not been taken up by the Action Plan, |
| --- | --- |

N.

whereas two out of three ultimate objectives of SCALE — the reduction of the disease burden by environmental factors, and the identification and prevention of new health threats caused by environmental factors — have not been taken up by the Action Plan,

| O. | whereas one of the three main pillars of the first cycle of SCALE — reducing exposure — is not to be found in the Action Plan, |
| --- | --- |

O.

whereas one of the three main pillars of the first cycle of SCALE — reducing exposure — is not to be found in the Action Plan,

| P. | whereas, however, both the European Parliament, in its abovementioned resolution of 31 March 2004, and the 52 European Health and Environment Ministers, in their Action Plan of 25 June 2004, reaffirmed the need for recourse to the precautionary principle in view of the excessively high costs and potential risks to our health and the environment that would result from a failure to act, |
| --- | --- |

P.

whereas, however, both the European Parliament, in its abovementioned resolution of 31 March 2004, and the 52 European Health and Environment Ministers, in their Action Plan of 25 June 2004, reaffirmed the need for recourse to the precautionary principle in view of the excessively high costs and potential risks to our health and the environment that would result from a failure to act,

| Q. | whereas there has recently been an encouraging sign from the Competitiveness Council, which, by virtue of the precautionary principle, decided to ban the use of six chemicals of the phthalate family in the manufacture of children's plastic toys, |
| --- | --- |

Q.

whereas there has recently been an encouraging sign from the Competitiveness Council, which, by virtue of the precautionary principle, decided to ban the use of six chemicals of the phthalate family in the manufacture of children's plastic toys,

| R. | whereas this political will is clearly absent in the Action Plan, which nowhere suggests recourse to the precautionary principle, even when the impact on health of a source of pollution can easily be established, which applies primarily to infectious diseases and certain types of cancer, |
| --- | --- |

R.

whereas this political will is clearly absent in the Action Plan, which nowhere suggests recourse to the precautionary principle, even when the impact on health of a source of pollution can easily be established, which applies primarily to infectious diseases and certain types of cancer,

| S. | whereas constant evaluation to ‘verify the efficacy and cost-effectiveness of the actions in terms of the reduction of the environment-related health problems’ needs to be implemented in the Action Plan, in line with what was foreseen under SCALE (its letter ‘E’), |
| --- | --- |

S.

whereas constant evaluation to ‘verify the efficacy and cost-effectiveness of the actions in terms of the reduction of the environment-related health problems’ needs to be implemented in the Action Plan, in line with what was foreseen under SCALE (its letter ‘E’),

| T. | whereas the provisions of the Aarhus Convention and Directive 2003/4/EC (2) concerning public access to environmental information provide an ideal framework for the EU environment and health monitoring system; whereas what is needed now, therefore, is practical action, |
| --- | --- |

T.

whereas the provisions of the Aarhus Convention and Directive 2003/4/EC (2) concerning public access to environmental information provide an ideal framework for the EU environment and health monitoring system; whereas what is needed now, therefore, is practical action,

| U. | whereas all measures aiming to train and interest medical professionals in the links between the environment and health are to be welcomed, as they provide a much-needed step towards raising the population's awareness of this new issue, |
| --- | --- |

U.

whereas all measures aiming to train and interest medical professionals in the links between the environment and health are to be welcomed, as they provide a much-needed step towards raising the population's awareness of this new issue,

| V. | whereas the Commission has not included in the European Environment and Health Action Plan 2004-2010 any specific proposals regarding the financial resources required to implement the measures concerned; |
| --- | --- |

V.

whereas the Commission has not included in the European Environment and Health Action Plan 2004-2010 any specific proposals regarding the financial resources required to implement the measures concerned;

| 1. | Denounces the major downgrading in approach and ambition between the Commission's Environment and Health Strategy and what should be its implementation, the Action Plan; considers that the Action Plan can at best be seen as a Research Action Plan, which is unlikely in itself to reduce disease burden by environmental factors; |
| --- | --- |

1.

Denounces the major downgrading in approach and ambition between the Commission's Environment and Health Strategy and what should be its implementation, the Action Plan; considers that the Action Plan can at best be seen as a Research Action Plan, which is unlikely in itself to reduce disease burden by environmental factors;

| 2. | Regrets that, of the thirteen actions set out in the Commission's environment and health strategy for 2004 to 2010, only four are concerned with specific measures and that none of them set any targets; |
| --- | --- |

2.

Regrets that, of the thirteen actions set out in the Commission's environment and health strategy for 2004 to 2010, only four are concerned with specific measures and that none of them set any targets;

| 3. | Notes that there is no mention of immediately putting in place a biomonitoring system across the Union, based on the tracking of biological markers, in order to measure exposure to environmental contaminants, to be linked to the observation of effects by specialists in environmental medicine; |
| --- | --- |

3.

Notes that there is no mention of immediately putting in place a biomonitoring system across the Union, based on the tracking of biological markers, in order to measure exposure to environmental contaminants, to be linked to the observation of effects by specialists in environmental medicine;

| 4. | Considers that biomonitoring should contribute to a risk evaluation policy and should be used first and foremost in relation to infectious diseases, such as legionnaires' disease, and cancers caused by certain contaminants and for which ‘cause and effect’ can be more easily established: the link between asbestos and pleural cancer, between arsenic and kidney cancer and between some pesticides and leukaemia, lymph node cancer and prostate cancer; |
| --- | --- |

4.

Considers that biomonitoring should contribute to a risk evaluation policy and should be used first and foremost in relation to infectious diseases, such as legionnaires' disease, and cancers caused by certain contaminants and for which ‘cause and effect’ can be more easily established: the link between asbestos and pleural cancer, between arsenic and kidney cancer and between some pesticides and leukaemia, lymph node cancer and prostate cancer;

| 5. | Recalls that the absence of scientific certainty and the need to carry out additional research in the case of multi-causal diseases cannot be used as an excuse for delaying the introduction of essential and urgent measures to reduce children's and adults' exposure to environmental pollution; |
| --- | --- |

5.

Recalls that the absence of scientific certainty and the need to carry out additional research in the case of multi-causal diseases cannot be used as an excuse for delaying the introduction of essential and urgent measures to reduce children's and adults' exposure to environmental pollution;

| 6. | Considers that, without prejudice to existing Community legislation and following the opinion of the relevant Scientific Committee, urgent consideration needs to be given to restricting the marketing and/or the use of the following dangerous substances, to which new-born babies, children, pregnant women, elderly persons, workers and other high-risk sections of the population are heavily exposed, as safer alternatives become available:






  — | six products from the phthalate family (DEHP, DINP, DBP, DIDP, DNOP, BBP) in domestic products for indoor use and in medical devices, except where such a restriction would have a negative impact on medical treatment, |
| --- | --- | --- |

6.

Considers that, without prejudice to existing Community legislation and following the opinion of the relevant Scientific Committee, urgent consideration needs to be given to restricting the marketing and/or the use of the following dangerous substances, to which new-born babies, children, pregnant women, elderly persons, workers and other high-risk sections of the population are heavily exposed, as safer alternatives become available:

—

six products from the phthalate family (DEHP, DINP, DBP, DIDP, DNOP, BBP) in domestic products for indoor use and in medical devices, except where such a restriction would have a negative impact on medical treatment,

| — | chlorinated solvents used in the manufacture of paint, coatings and polymers, |
| --- | --- |

—

chlorinated solvents used in the manufacture of paint, coatings and polymers,

| — | mercury used in dental amalgams and in non-electrical or non-electronic measuring and monitoring devices, |
| --- | --- |

—

mercury used in dental amalgams and in non-electrical or non-electronic measuring and monitoring devices,

| — | cadmium, in its different applications, |
| --- | --- |

—

cadmium, in its different applications,

| — | three products from the organophosphate pesticide family (chlorpyriphos, diazinon and malathion) and endosulfan, an organochlorine pesticide, in all their uses; |
| --- | --- |

—

three products from the organophosphate pesticide family (chlorpyriphos, diazinon and malathion) and endosulfan, an organochlorine pesticide, in all their uses;

| 7. | Asks the Commission to give priority to research into the production and use of everyday consumer product categories that contain chemicals which can lead to allergies and cancer in humans; |
| --- | --- |

7.

Asks the Commission to give priority to research into the production and use of everyday consumer product categories that contain chemicals which can lead to allergies and cancer in humans;

| 8. | Insists that, under the Commission's guidance, an epidemiological study should be carried out on children, along the lines of the National Children's Study in the United States, in order to monitor from the womb to adulthood the link between environment-related diseases and exposure to the main contaminants; |
| --- | --- |

8.

Insists that, under the Commission's guidance, an epidemiological study should be carried out on children, along the lines of the National Children's Study in the United States, in order to monitor from the womb to adulthood the link between environment-related diseases and exposure to the main contaminants;

| 9. | Stresses that any increase in animal testing under the Action Plan should be avoided and that full regard should be paid to the development and use of alternative test methods; |
| --- | --- |

9.

Stresses that any increase in animal testing under the Action Plan should be avoided and that full regard should be paid to the development and use of alternative test methods;

| 10. | Calls on the Commission to ensure that all risk assessments that will be undertaken should specifically address the risks for foetuses, infants and children, where there is potential exposure of these particularly vulnerable groups; |
| --- | --- |

10.

Calls on the Commission to ensure that all risk assessments that will be undertaken should specifically address the risks for foetuses, infants and children, where there is potential exposure of these particularly vulnerable groups;

| 11. | Points out that the WHO is doing useful work on the environment and health and stresses the importance of international cooperation to ensure that the relationship between the environment and health is better investigated and effective measures are introduced; |
| --- | --- |

11.

Points out that the WHO is doing useful work on the environment and health and stresses the importance of international cooperation to ensure that the relationship between the environment and health is better investigated and effective measures are introduced;

| 12. | Stresses the importance of educating and informing people about environment and health issues, in particular the benefits of a rich and diverse natural and built environment for people's physical and mental health and wellbeing; underlines that a healthy environment and lifestyle is not merely the result of an individual's lifestyle choices, a fact that is particularly true for disadvantaged population groups such as low-income citizens; considers that local information projects need to be supported, taking advantage of the knowledge that professionals in health care centres and hospitals and social workers have of local problems, in order to avoid a top-bottom approach in raising awareness of these issues; |
| --- | --- |

12.

Stresses the importance of educating and informing people about environment and health issues, in particular the benefits of a rich and diverse natural and built environment for people's physical and mental health and wellbeing; underlines that a healthy environment and lifestyle is not merely the result of an individual's lifestyle choices, a fact that is particularly true for disadvantaged population groups such as low-income citizens; considers that local information projects need to be supported, taking advantage of the knowledge that professionals in health care centres and hospitals and social workers have of local problems, in order to avoid a top-bottom approach in raising awareness of these issues;

| 13. | Stresses that data must be collected in such a way that analyses can be made of how different groups in society are exposed to and affected by various pollutants; considers that greater knowledge of how women and men are exposed to and affected by various environmental pollutants, for example, is entirely dependent on gender-specific statistics; |
| --- | --- |

13.

Stresses that data must be collected in such a way that analyses can be made of how different groups in society are exposed to and affected by various pollutants; considers that greater knowledge of how women and men are exposed to and affected by various environmental pollutants, for example, is entirely dependent on gender-specific statistics;

| 14. | Regrets that there is no mention of the mental and neurological health impact of pollution; |
| --- | --- |

14.

Regrets that there is no mention of the mental and neurological health impact of pollution;

| 15. | Calls for the Action Plan to define, as a matter of priority, acceptable environmental conditions for areas where children frequently spend long periods of time, such as nurseries, playgrounds and schools; |
| --- | --- |

15.

Calls for the Action Plan to define, as a matter of priority, acceptable environmental conditions for areas where children frequently spend long periods of time, such as nurseries, playgrounds and schools;

| 16. | Supports all the proposed measures to facilitate public access to information and repeats its call for the creation of national registers to record over large geographical areas both the major emissions and the most prevalent diseases; considers that the Commission could use the new European geographical database, INSPIRE, for this purpose; |
| --- | --- |

16.

Supports all the proposed measures to facilitate public access to information and repeats its call for the creation of national registers to record over large geographical areas both the major emissions and the most prevalent diseases; considers that the Commission could use the new European geographical database, INSPIRE, for this purpose;

| 17. | Stresses the need in this context for more effort to combat lifestyle-related ill-health caused by tobacco, alcohol, poor diet and lack of exercise; |
| --- | --- |

17.

Stresses the need in this context for more effort to combat lifestyle-related ill-health caused by tobacco, alcohol, poor diet and lack of exercise;

| 18. | Calls for research into the impact of new construction materials on health; |
| --- | --- |

18.

Calls for research into the impact of new construction materials on health;

| 19. | Considers that, in order to influence individual and collective behaviour on a large scale, it is essential for the Commission, in cooperation with the Member States, to introduce a system for labelling the environmental and health effects of construction products and materials; |
| --- | --- |

19.

Considers that, in order to influence individual and collective behaviour on a large scale, it is essential for the Commission, in cooperation with the Member States, to introduce a system for labelling the environmental and health effects of construction products and materials;

| 20. | Welcomes the Commission's willingness to continue to act to put an end to smoking in enclosed spaces or allow for designated physically separate smoking areas which are properly ventilated and encourages it to designate environmental tobacco smoke a class 1 carcinogen; however, asks the Commission to give priority to cross-border problems and to health problems that are clearly related to environment, and proposes that more funding be dedicated to research into chemical-related diseases, the results of which should be used for health improving actions; |
| --- | --- |

20.

Welcomes the Commission's willingness to continue to act to put an end to smoking in enclosed spaces or allow for designated physically separate smoking areas which are properly ventilated and encourages it to designate environmental tobacco smoke a class 1 carcinogen; however, asks the Commission to give priority to cross-border problems and to health problems that are clearly related to environment, and proposes that more funding be dedicated to research into chemical-related diseases, the results of which should be used for health improving actions;

| 21. | Stresses that the quality of air inside buildings cannot be improved without a wide-ranging approach that takes into account the many sources of pollution: combustion apparatus, equipment and furniture and human activity, and calls on the Commission to draft a Green Paper dealing specifically with domestic pollution; |
| --- | --- |

21.

Stresses that the quality of air inside buildings cannot be improved without a wide-ranging approach that takes into account the many sources of pollution: combustion apparatus, equipment and furniture and human activity, and calls on the Commission to draft a Green Paper dealing specifically with domestic pollution;

| 22. | Calls on the Commission to include in the Action Plan a list of hazardous places of work and jobs, the monitoring of the effects on health and the definition of best practices in order to protect health; |
| --- | --- |

22.

Calls on the Commission to include in the Action Plan a list of hazardous places of work and jobs, the monitoring of the effects on health and the definition of best practices in order to protect health;

| 23. | Asks the Commission to promote vigorously a new initiative that has been launched in some Member States, i.e. the setting up of mobile units named ‘environmental ambulances’, which aims to perform a global environmental analysis and to identify indoor pollutants likely to have adverse effects on human health; |
| --- | --- |

23.

Asks the Commission to promote vigorously a new initiative that has been launched in some Member States, i.e. the setting up of mobile units named ‘environmental ambulances’, which aims to perform a global environmental analysis and to identify indoor pollutants likely to have adverse effects on human health;

| 24. | Considers it essential to inform and train teachers and all other people who come into contact with children and infants in matters associated with environmental factors harmful to health; |
| --- | --- |

24.

Considers it essential to inform and train teachers and all other people who come into contact with children and infants in matters associated with environmental factors harmful to health;

| 25. | Stresses the great importance of information concerning exposure to solar radiation (burns) and the related risk of developing skin cancer; |
| --- | --- |

25.

Stresses the great importance of information concerning exposure to solar radiation (burns) and the related risk of developing skin cancer;

| 26. | Calls for systematic scientific research into the impact of urban areas on health and well-being given that, in most countries, more than 70% of the population lives in towns and cities; |
| --- | --- |

26.

Calls for systematic scientific research into the impact of urban areas on health and well-being given that, in most countries, more than 70% of the population lives in towns and cities;

| 27. | Insists that the Commission ensure proper implementation of existing European air quality legislation by Member States; asks the Commission to start infringement proceedings against those Member States which fail to ensure a high level of air quality for their citizens; |
| --- | --- |

27.

Insists that the Commission ensure proper implementation of existing European air quality legislation by Member States; asks the Commission to start infringement proceedings against those Member States which fail to ensure a high level of air quality for their citizens;

| 28. | Repeats its call for particular attention to be paid to people living close to sources of pollution and calls on the Commission to launch an initiative to reduce industrial atmospheric emissions of toxic substances by 2010, the priority targets being dioxin, cadmium, lead, vinyl chloride monomer and benzene, according to percentages and reference years to be determined; |
| --- | --- |

28.

Repeats its call for particular attention to be paid to people living close to sources of pollution and calls on the Commission to launch an initiative to reduce industrial atmospheric emissions of toxic substances by 2010, the priority targets being dioxin, cadmium, lead, vinyl chloride monomer and benzene, according to percentages and reference years to be determined;

| 29. | Stresses that the ability to detect and phase out hazardous chemicals will be a crucial factor in improving people's health; |
| --- | --- |

29.

Stresses that the ability to detect and phase out hazardous chemicals will be a crucial factor in improving people's health;

| 30. | Regrets the absence of an indicative financial statement in the Commission's proposed Action Plan, and the vague reference to the use of existing (financial) resources to implement the actions relating to the environment and health in the period 2004-2007; |
| --- | --- |

30.

Regrets the absence of an indicative financial statement in the Commission's proposed Action Plan, and the vague reference to the use of existing (financial) resources to implement the actions relating to the environment and health in the period 2004-2007;

| 31. | Considers it essential to make full use of the financial resources provided for environmental and health measures under Decision No 1786/2002/ΕC 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) (3), to develop the results and experience arising from that programme and to avoid overlapping; |
| --- | --- |

31.

Considers it essential to make full use of the financial resources provided for environmental and health measures under Decision No 1786/2002/ΕC 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) (3), to develop the results and experience arising from that programme and to avoid overlapping;

| 32. | Considers that the collection of data in the context of the environment and health action plan should relate to fields not covered by Decision No 1786/2002/ΕC; |
| --- | --- |

32.

Considers that the collection of data in the context of the environment and health action plan should relate to fields not covered by Decision No 1786/2002/ΕC;

| 33. | Calls on the Commission to present a specific financial statement on the implementation of priority actions for 2004-2007 and the forecasts for the implementation of integrated environment and health actions in the context of drawing up the new financial perspective of the EU; |
| --- | --- |

33.

Calls on the Commission to present a specific financial statement on the implementation of priority actions for 2004-2007 and the forecasts for the implementation of integrated environment and health actions in the context of drawing up the new financial perspective of the EU;

| 34. | Underlines that, in order to ensure the coherence and effectiveness of the Action Plan, it is necessary to begin to establish adequate funding for the 2004-2007 period immediately; adds that ‘environment and health’ projects should be a separate subject under the Seventh Research Framework Programme (2007-2010) and receive generous funding, which should not be less than EUR 300 million given the huge expectations and socio-economic issues at stake in the field of environmental health; |
| --- | --- |

34.

Underlines that, in order to ensure the coherence and effectiveness of the Action Plan, it is necessary to begin to establish adequate funding for the 2004-2007 period immediately; adds that ‘environment and health’ projects should be a separate subject under the Seventh Research Framework Programme (2007-2010) and receive generous funding, which should not be less than EUR 300 million given the huge expectations and socio-economic issues at stake in the field of environmental health;

| 35. | Calls on the Commission






  — | to inform Parliament about modifications to the Action Plan, and the reasons therefor; |
| --- | --- | --- |

35.

Calls on the Commission

—

to inform Parliament about modifications to the Action Plan, and the reasons therefor;

| — | keep Parliament informed on a regular basis about progress on implementing the Action Plan; |
| --- | --- |

—

keep Parliament informed on a regular basis about progress on implementing the Action Plan;

| — | and present to the European Parliament and the Council an annual report verifying the efficacy and cost-effectiveness of the actions of the Action Plan in terms of the reduction of environment-related health problems; |
| --- | --- |

—

and present to the European Parliament and the Council an annual report verifying the efficacy and cost-effectiveness of the actions of the Action Plan in terms of the reduction of environment-related health problems;

| 36. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

36.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  Text adopted, P5_TA(2004)0246.

(2)  OJ L 41, 14.2.2003, p. 26.

(3)  OJ L 271, 9.10.2002, p. 1. Decision amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

P6_TA(2005)0046

EU relations with the Mediterranean region

European Parliament resolution on the Euro-Mediterranean partnership

The European Parliament,

| — | having regard to its previous resolutions on the Euro-Mediterranean Partnership, |
| --- | --- |

—

having regard to its previous resolutions on the Euro-Mediterranean Partnership,

| — | having regard to the Barcelona Declaration of November 1995 and its work programme, |
| --- | --- |

—

having regard to the Barcelona Declaration of November 1995 and its work programme,

| — | having regard to the conclusions of the ten Euro-Mediterranean Foreign Ministers' meetings, |
| --- | --- |

—

having regard to the conclusions of the ten Euro-Mediterranean Foreign Ministers' meetings,

| — | having regard to the creation of the Euro-Mediterranean Parliamentary Assembly (EMPA), |
| --- | --- |

—

having regard to the creation of the Euro-Mediterranean Parliamentary Assembly (EMPA),

| — | having regard to the communication from the Commission to the Council and the European Parliament on reinvigorating EU actions on human rights and democratisation with Mediterranean partners — strategic guidelines (COM(2003)0294), |
| --- | --- |

—

having regard to the communication from the Commission to the Council and the European Parliament on reinvigorating EU actions on human rights and democratisation with Mediterranean partners — strategic guidelines (COM(2003)0294),

| — | having regard to the conclusions of the civil forums organised in parallel with those ministerial meetings, |
| --- | --- |

—

having regard to the conclusions of the civil forums organised in parallel with those ministerial meetings,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas the Barcelona process, over the last ten years, has provided a framework for a partnership between the countries and peoples of the two shores of the Mediterranean, |
| --- | --- |

A.

whereas the Barcelona process, over the last ten years, has provided a framework for a partnership between the countries and peoples of the two shores of the Mediterranean,

| B. | having regard to the strategic importance of the Mediterranean for the EU, in the light of the need for a Mediterranean policy based on solidarity in order to face the multiple shared challenges of peace, stability, terrorism and security, mutual understanding, the fight against trafficking in people (including clandestine and illegal immigration), and the objective of creating a shared area of prosperity, |
| --- | --- |

B.

having regard to the strategic importance of the Mediterranean for the EU, in the light of the need for a Mediterranean policy based on solidarity in order to face the multiple shared challenges of peace, stability, terrorism and security, mutual understanding, the fight against trafficking in people (including clandestine and illegal immigration), and the objective of creating a shared area of prosperity,

| C. | whereas the Barcelona Declaration commits the participating countries to establishing a regular dialogue on political, economic and social questions and human rights, |
| --- | --- |

C.

whereas the Barcelona Declaration commits the participating countries to establishing a regular dialogue on political, economic and social questions and human rights,

| D. | whereas the EU has defined a new European Neighbourhood Policy aimed at enhancing such partnership, giving a further opportunity to deepen relations, strengthening the political dialogue and integrating partner countries into EU policies in order to promote peace, stability and democracy in neighbouring countries, |
| --- | --- |

D.

whereas the EU has defined a new European Neighbourhood Policy aimed at enhancing such partnership, giving a further opportunity to deepen relations, strengthening the political dialogue and integrating partner countries into EU policies in order to promote peace, stability and democracy in neighbouring countries,

| E. | whereas the first action plans with Morocco, Tunisia, Jordan, Israel and the Palestinian National Authority adopted by the Council commit the Union and partner countries to a closer and all-encompassing dialogue and must follow a coherent and common regional approach, |
| --- | --- |

E.

whereas the first action plans with Morocco, Tunisia, Jordan, Israel and the Palestinian National Authority adopted by the Council commit the Union and partner countries to a closer and all-encompassing dialogue and must follow a coherent and common regional approach,

| F. | stressing that the resumption of dialogue between the parties to the Israeli-Palestinian conflict provides a valuable opportunity for acheiving a comprehensive and lasting settlement, which would be boost for the whole Euromed process, |
| --- | --- |

F.

stressing that the resumption of dialogue between the parties to the Israeli-Palestinian conflict provides a valuable opportunity for acheiving a comprehensive and lasting settlement, which would be boost for the whole Euromed process,

| G. | whereas on 19 October 2004 the Commission and Syria formally concluded the negotiations for an EC-Syria Association Agreement, thus bringing to an end the phase of bilateral agreements provided for in the Euro-Mediterranean partnership, |
| --- | --- |

G.

whereas on 19 October 2004 the Commission and Syria formally concluded the negotiations for an EC-Syria Association Agreement, thus bringing to an end the phase of bilateral agreements provided for in the Euro-Mediterranean partnership,

| H. | taking note of the Council Common Position 2004/698/CFSP of 14 October 2004 (1) lifting the restrictive measures and the arms embargo against Libya, which paves the way for the full involvement of that country in the Barcelona process, |
| --- | --- |

H.

taking note of the Council Common Position 2004/698/CFSP of 14 October 2004 (1) lifting the restrictive measures and the arms embargo against Libya, which paves the way for the full involvement of that country in the Barcelona process,

| I. | whereas the transformation of the Euro-Mediterranean Parliamentary Forum into the Euro-Mediterranean Parliamentary Assembly (EMPA), with three committees, strengthens the parliamentary dimension of the Euromed process, thus enhancing its democratic accountability; whereas the creation of this new body should enhance the overall dialogue between the two regions, |
| --- | --- |

I.

whereas the transformation of the Euro-Mediterranean Parliamentary Forum into the Euro-Mediterranean Parliamentary Assembly (EMPA), with three committees, strengthens the parliamentary dimension of the Euromed process, thus enhancing its democratic accountability; whereas the creation of this new body should enhance the overall dialogue between the two regions,

| J. | appalled by the assassination of Rafik Hariri and concerned by the situation created in the Lebanon by this criminal act, |
| --- | --- |

J.

appalled by the assassination of Rafik Hariri and concerned by the situation created in the Lebanon by this criminal act,

| K. | concerned by the waiving of the parliamentary immunity, and the detention, of Ayman Nour, President of the Ghad Party in Egypt, |
| --- | --- |

K.

concerned by the waiving of the parliamentary immunity, and the detention, of Ayman Nour, President of the Ghad Party in Egypt,

| 1. | Welcomes the decision of the ministers that 2005 is the Year of the Mediterranean, and calls on the Council and Commission to make a renewed effort to enhance democracy and contribute and promote the necessary political, economic and social reforms in the Mediterranean countries; |
| --- | --- |

1.

Welcomes the decision of the ministers that 2005 is the Year of the Mediterranean, and calls on the Council and Commission to make a renewed effort to enhance democracy and contribute and promote the necessary political, economic and social reforms in the Mediterranean countries;

| 2. | Considers that the political dialogue envisaged has not yet led to tangible results throughout the region; regrets that the human rights aspect of the Barcelona process has not been developed sufficiently while the situation in numerous countries shows no sign of improvement; deplores the failure to comply with the human rights clause in the Euro-Mediterranean agreements; reiterates its call for the Commission to draw up a public annual report on human rights in the Mediterranean countries, as a basis for further developing the partnership; |
| --- | --- |

2.

Considers that the political dialogue envisaged has not yet led to tangible results throughout the region; regrets that the human rights aspect of the Barcelona process has not been developed sufficiently while the situation in numerous countries shows no sign of improvement; deplores the failure to comply with the human rights clause in the Euro-Mediterranean agreements; reiterates its call for the Commission to draw up a public annual report on human rights in the Mediterranean countries, as a basis for further developing the partnership;

| 3. | Calls on all the countries of the region to work in close cooperation in order to face the growing challenge of immigration in a spirit of shared responsibility; |
| --- | --- |

3.

Calls on all the countries of the region to work in close cooperation in order to face the growing challenge of immigration in a spirit of shared responsibility;

| 4. | Calls on the Commission to design the new ‘neighbourhood’ financial instrument in a transparent manner, in cooperation with the partner countries and with the involvement of the Parliament and the EMPA, so as to make it truly capable of giving an impetus to development and encouraging investment; |
| --- | --- |

4.

Calls on the Commission to design the new ‘neighbourhood’ financial instrument in a transparent manner, in cooperation with the partner countries and with the involvement of the Parliament and the EMPA, so as to make it truly capable of giving an impetus to development and encouraging investment;

| 5. | Welcomes the creation of the Euromed non-governmental platform for the civil forum, which will hold its constituent meeting in April 2005 in Luxembourg; stresses, in this respect, the importance of developing close cooperation with this platform by inviting its members regularly to present their views within the EMPA; |
| --- | --- |

5.

Welcomes the creation of the Euromed non-governmental platform for the civil forum, which will hold its constituent meeting in April 2005 in Luxembourg; stresses, in this respect, the importance of developing close cooperation with this platform by inviting its members regularly to present their views within the EMPA;

| 6. | Calls on the Commission to involve it in assessing the implementation of the action plans; |
| --- | --- |

6.

Calls on the Commission to involve it in assessing the implementation of the action plans;

| 7. | Is of the opinion that the European Initiative for Democracy and Human Rights must play a crucial role in promoting the EU's founding values as part of the Barcelona process and urges the Commission to assume its responsibilities and ensure compliance with the human rights clause in the agreements; |
| --- | --- |

7.

Is of the opinion that the European Initiative for Democracy and Human Rights must play a crucial role in promoting the EU's founding values as part of the Barcelona process and urges the Commission to assume its responsibilities and ensure compliance with the human rights clause in the agreements;

| 8. | Calls on the Commission and the Member States to promote women's rights when implementing their financial and technical assistance to the partner countries, in accordance with the spirit of the United Nations Development Programme report; |
| --- | --- |

8.

Calls on the Commission and the Member States to promote women's rights when implementing their financial and technical assistance to the partner countries, in accordance with the spirit of the United Nations Development Programme report;

| 9. | Takes note of the forthcoming signing of the EC-Syria Association Agreement, which commits Damascus to deep and substantial reforms with a view to starting a genuine process of democratising Syria's structures; calls on Syria not to tolerate any kind of terrorism, including its support for the military wing of Hizbullah, and to refrain from any interference in the Lebanon's domestic affairs; calls on Syria to withdraw its troops from the Lebanon immediately, as stated in the relevant United Nations Security Council resolutions, and will treat this condition as crucial to its assessment when the time comes to sign the EC-Syria Association Agreement; |
| --- | --- |

9.

Takes note of the forthcoming signing of the EC-Syria Association Agreement, which commits Damascus to deep and substantial reforms with a view to starting a genuine process of democratising Syria's structures; calls on Syria not to tolerate any kind of terrorism, including its support for the military wing of Hizbullah, and to refrain from any interference in the Lebanon's domestic affairs; calls on Syria to withdraw its troops from the Lebanon immediately, as stated in the relevant United Nations Security Council resolutions, and will treat this condition as crucial to its assessment when the time comes to sign the EC-Syria Association Agreement;

| 10. | Calls on the Council to consider sending a delegation of EU observers to monitor the elections in the Lebanon; |
| --- | --- |

10.

Calls on the Council to consider sending a delegation of EU observers to monitor the elections in the Lebanon;

| 11. | Strongly condemns the attack which killed the ex-Prime Minister of the Lebanon, Mr Hariri, and his escort and announces that it will pay close attention to the findings of the international inquiry now underway; |
| --- | --- |

11.

Strongly condemns the attack which killed the ex-Prime Minister of the Lebanon, Mr Hariri, and his escort and announces that it will pay close attention to the findings of the international inquiry now underway;

| 12. | Calls for the release of Dr Nour; considers that the waiving of immunity of a Member of the Egyptian Parliament and his detention undermine the spirit and the letter of the association agreement between the EC and Egypt; calls on the Commission, the Council and the High Representative for the CFSP to bring every influence to bear to remind the Egyptian authorities of the spirit of that agreement; |
| --- | --- |

12.

Calls for the release of Dr Nour; considers that the waiving of immunity of a Member of the Egyptian Parliament and his detention undermine the spirit and the letter of the association agreement between the EC and Egypt; calls on the Commission, the Council and the High Representative for the CFSP to bring every influence to bear to remind the Egyptian authorities of the spirit of that agreement;

| 13. | Calls on Libya to take the necessary steps and give the necessary undertakings, including releasing without delay the foreign medical workers held in prison, to allow it to be fully included in the Euro-Mediterranean partnership, thus contributing to the enhancement of the Barcelona process; |
| --- | --- |

13.

Calls on Libya to take the necessary steps and give the necessary undertakings, including releasing without delay the foreign medical workers held in prison, to allow it to be fully included in the Euro-Mediterranean partnership, thus contributing to the enhancement of the Barcelona process;

| 14. | Welcomes the latest positive developments in the Middle East conflict, since they will have a decisive impact on the full development of the whole Euromed partnership, and calls on all partner countries to make every effort to support the resumption of dialogue and firm up the Road Map; |
| --- | --- |

14.

Welcomes the latest positive developments in the Middle East conflict, since they will have a decisive impact on the full development of the whole Euromed partnership, and calls on all partner countries to make every effort to support the resumption of dialogue and firm up the Road Map;

| 15. | Calls on the Council and Commission, in their relations with the Mediterranean partners, to make concrete proposals for progress on security, making use of elements of the European Security Strategy and the crisis management instruments already in place at the Commission; |
| --- | --- |

15.

Calls on the Council and Commission, in their relations with the Mediterranean partners, to make concrete proposals for progress on security, making use of elements of the European Security Strategy and the crisis management instruments already in place at the Commission;

| 16. | Expresses its satisfaction at the increasing and considerable improvement in the performance of the MEDA funds; |
| --- | --- |

16.

Expresses its satisfaction at the increasing and considerable improvement in the performance of the MEDA funds;

| 17. | Stresses the importance of promoting and extending the trans-European networks, especially in the fields of energy and transport, for relations and cooperation with the Mediterranean partners; |
| --- | --- |

17.

Stresses the importance of promoting and extending the trans-European networks, especially in the fields of energy and transport, for relations and cooperation with the Mediterranean partners;

| 18. | Supports the proposal to set up a Mediterranean early warning system for disaster prevention, in the light of the lessons learnt from the tsunami that hit south-east Asia; |
| --- | --- |

18.

Supports the proposal to set up a Mediterranean early warning system for disaster prevention, in the light of the lessons learnt from the tsunami that hit south-east Asia;

| 19. | Believes that the signing of the Agadir agreement between Morocco, Tunisia, Egypt and Jordan in February 2004 is a positive indication of the strengthening of the axis of South-South cooperation as a complement to that of North-South cooperation; and urges all the countries in the Mediterranean region to consolidate their relations, including trade relations, and, if necessary, remove any obstacles thereto; |
| --- | --- |

19.

Believes that the signing of the Agadir agreement between Morocco, Tunisia, Egypt and Jordan in February 2004 is a positive indication of the strengthening of the axis of South-South cooperation as a complement to that of North-South cooperation; and urges all the countries in the Mediterranean region to consolidate their relations, including trade relations, and, if necessary, remove any obstacles thereto;

| 20. | Wishes the Council to take a decision to organise a Euro-Mediterranean Summit meeting of Heads of State or Government to commemorate the 10th anniversary of the Barcelona Process; underlines the importance, in this context, of the parliamentary dimension of this process and calls on the EMPA, which is to meet in Cairo from 12 to 15 March 2005, to schedule an extraordinary meeting to join in commemorating this 10th anniversary; |
| --- | --- |

20.

Wishes the Council to take a decision to organise a Euro-Mediterranean Summit meeting of Heads of State or Government to commemorate the 10th anniversary of the Barcelona Process; underlines the importance, in this context, of the parliamentary dimension of this process and calls on the EMPA, which is to meet in Cairo from 12 to 15 March 2005, to schedule an extraordinary meeting to join in commemorating this 10th anniversary;

| 21. | Looks forward with interest to the inaugural session of the Anna Lindh Euro-Mediterranean Foundation for Dialogue between Cultures; is convinced that the Foundation can make a contribution to increasing mutual understanding and making the most of our common heritage; |
| --- | --- |

21.

Looks forward with interest to the inaugural session of the Anna Lindh Euro-Mediterranean Foundation for Dialogue between Cultures; is convinced that the Foundation can make a contribution to increasing mutual understanding and making the most of our common heritage;

| 22. | Instructs its President to forward this resolution to the Council and Commission, the governments and parliaments of the Member States and the Mediterranean countries signatory to the Barcelona Declaration, and the President of the Euro-Mediterranean Parliamentary Assembly. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Council and Commission, the governments and parliaments of the Member States and the Mediterranean countries signatory to the Barcelona Declaration, and the President of the Euro-Mediterranean Parliamentary Assembly.

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(1)  OJ L 317, 16.10.2004, p. 40.

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